Innovation, Quantum-AI Technology & Law

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Blog over juridische, sociale, ethische en policy aspecten van Kunstmatige Intelligentie, Quantum Computing, Sensing & Communication, Augmented Reality en Robotica, Big Data Wetgeving en Machine Learning Regelgeving. Kennisartikelen inzake de EU AI Act, de Data Governance Act, cloud computing, algoritmes, privacy, virtual reality, blockchain, robotlaw, smart contracts, informatierecht, ICT contracten, online platforms, apps en tools. Europese regels, auteursrecht, chipsrecht, databankrechten en juridische diensten AI recht.

Berichten met de tag Quantum Computing
Stanford Scholar Mauritz Kop Teaches Quantum Computing & Law at Fordham Law School

New York, NY, January 21, 2025 – Stanford University scholar Mauritz Kop, a leading voice in the intricate nexus of quantum technology, AI, and law, today addressed the legal community at the Fordham Law School Library. His presentation, titled "Here Comes Quantum Computing — What the Legal Community Needs to Know," was a featured event in the Maloney Library's esteemed "Tech Lunch 'n' Learn" series, a program designed to keep legal professionals at the forefront of technological innovation.

Stanford Scholar Mauritz Kop the Quantum Future for the Legal Community at Fordham Law

Kop, the Founding Director of the Stanford Center for Responsible Quantum Technology, offered a comprehensive overview of the transformative potential and inherent risks of quantum technologies at Fordham Law. He emphasized that the leitmotif of our time is that "Quantum’s benefits outweigh its risks, if implemented responsibly".

Responsible Quantum Technology (RQT) is a framework designed to ensure that the innovation and implementation of quantum technologies align with societal demands and enhance global welfare. It provides a principled approach to guide quantum technology development.

Responsible Quantum Technology

The core components and objectives of RQT entail:

Compliance and Safety: Developers, vendors, and users of quantum systems must adhere to a range of emerging regional and global requirements. This includes technology-specific rules and industry-specific regulations in sectors like finance and healthcare, supported by standards and certifications to guarantee safe deployment.

Addressing Implications (Quantum-ELSPI): RQT involves engaging with quantum technologies in a way that is consistent with Quantum-ELSPI—the ethical, legal, socio-economic, and policy implications of the technology. This requires a tailored approach that considers the unique and counter-intuitive principles of quantum mechanics, such as superposition and entanglement.

Alignment with RRI: The RQT framework responds to the key dimensions of Responsible Research and Innovation (RRI): anticipation, reflexivity, inclusion, and responsiveness.

Ethical Foundation: RQT must align with quantum ethics, which involves identifying the dilemmas inherent in making these technologies ethical through interdisciplinary, context-specific methods.

Legal Frameworks: The framework requires adherence to legal norms like the rule of law and proportionality. It advocates for future legislation that mitigates risks and maximizes benefits, providing legal certainty to incentivize Responsible Quantum Innovation (RQI).

Socio-Economic Considerations: RQT dictates that quantum technology should prioritize society's most pressing goals, such as cybersecurity, economic stability, and managing climate change. It also mandates that the benefits and burdens of the technology should be equitably distributed.

Policy Guidance: RQT serves as a tool for policymakers, helping them learn from the governance of other disruptive technologies like AI, nuclear energy, and the internet. An important policy goal is to foster values-based quantum ecosystems globally.

Operational Principles: The RQT paradigm is put into practice through "10 Principles for Responsible Quantum Innovation". These principles are structured to safeguard, engage, and advance (SEA) quantum technologies, society, and humankind, with the ultimate goal of protecting society by responsibly advancing the technology.

Practical Tools: The framework can be used by policymakers to design regulations and can be complemented by self-regulatory tools like technology impact assessments to monitor, validate, and audit quantum applications throughout their lifecycle using appropriate RQT benchmarks and metrics.

Hardwiring Values: A core tenet of RQT is embedding shared values and standards into the design, deployment, and infrastructure of quantum systems. This includes current work on how to embed values and standards into the architecture and infrastructure of quantum AI systems, products, and services. The goal is to guide these technologies toward collective social and environmental benefit.

Quantum Computing — What the Legal Community Needs to Know

The ‘Quantum Computing — What the Legal Community Needs to Know’ lecture provided an in-depth exploration of second-generation (2G) quantum technologies, which harness the unique principles of quantum physics, such as superposition and entanglement, to solve problems beyond the grasp of classical computers. Kop highlighted recent breakthroughs, including Google's "Willow" quantum computing chip, which completed a complex calculation in under five minutes—a task that would take the fastest supercomputers an estimated 10 septillion years. This, he explained, demonstrates the potential for quantum computers to revolutionize sectors like healthcare, finance, energy, and defense.

Navigating the Ethical and Legal Maze

A significant portion of the talk was dedicated to the ethical, legal, socio-economic, and policy implications (Quantum ELSPI) of this emerging field. Kop stressed the dual-use nature of quantum technology, which, much like nuclear energy, can be applied to both civilian and military purposes. This duality necessitates a robust governance framework to prevent misuse by adversaries and to avoid a new arms race.

Kop advocated for a "Responsible Quantum Technology (RQT)" framework to ensure that innovation aligns with societal values and legal standards. This approach calls for a recalibration of legal frameworks to mitigate risks while fostering responsible innovation. He pointed to the "Collingridge dilemma," cautioning that regulating quantum too early could stifle innovation, while regulating too late could result in irreversible negative consequences.

A Call for Global Cooperation and Responsible Innovation

The lecture underscored the necessity of global cooperation in developing unified quantum interoperability standards to avoid a "quantum splinternet" fragmented along geopolitical lines. Kop argued for a research and development agenda that is "as open as possible, and as closed as necessary" to address national security concerns while fostering international partnerships.

To operationalize the RQT paradigm, Kop and his research group have proposed "10 Principles for Responsible Quantum Innovation," organized to safeguard, engage, and advance (SEA) quantum technologies for the benefit of humanity.

Fordham's Commitment to Legal Tech Education

The "Tech Lunch 'n' Learn" series at Fordham's Maloney Library provides a crucial platform for such discussions, inviting experts to shed light on the evolving landscape of law and technology. These sessions empower students and practitioners to grapple with complex subjects like AI, data privacy, and now, quantum computing.

Kop's lecture at Fordham served as a vital call to action for the legal community to proactively engage with the development of quantum technologies. As he concluded, "As society shapes technology, technology shapes society". The legal profession has a critical role to play in ensuring that the quantum era unfolds in a manner that is secure, equitable, and beneficial for all.

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Mauritz Kop calls for a Quantum Governance Act at the University of Copenhagen, Faculty of Law

Much enjoyed giving a lecture titled ‘Quantum-ELSPI: A Call for a Quantum Governance Act’ on Thursday June 9, 2022 at the University of Copenhagen, Faculty of Law. This was an internal CeBiL event that took place before The Quantum Future symposium, organized by the Royal Danish Academy of Sciences and its newly established Committee for Quantum Information and Quantum Computing, together with the Niels Bohr Institute’s Quantum Life Centre.

EU Quantum Governance Act

With its own Copenhagen interpretation of quantum mechanics in which physical phenomena must be observed and measured to exist, the University of Copenhagen, Faculty of Law was the perfect place to propose an outline for a novel Quantum Governance Act on a European level, fostering open innovation while putting targeted, technology and industry specific risk based controls in place. The EU Quantum Act should jointly optimize advancing quantum technology (investment and innovation) with safeguaring quantum technology, society and humankind (guardrails, standards, values, IP protection and national security). For example, it could contain a product safety regime as found in the EU AI Act, combined with pro-innovation mechanisms as found in the US CHIPS Act. In addition, I connected regulating quantum to regulating general purpose technologies (GPT) like artificial intelligence (AI), but also to nanotechnology, biotechnology, semiconductors, and last not least to managing dual use fissionable materials such as nuclear isotopes and nuclear weapons, utilizing export and intellectual property controls.

The Law of Quantum: Quantum Regulatory Frameworks

The Quantum & Law lecture gave an overview of work done over the past 3 years on quantum regulatory frameworks, incentive and rewards systems, competition law, beyond intellectual property innovation law, ethics, national security policy, standardization, technology impact assessment, benchmarking and certification published or forthcoming in high impact journals at both sides of the Atlantic. My talk ended with discussing the latest research findings pertaining to the Law of Quantum, and Quantum-ELSPI academic disciplines. Thanks to the participants for their inspiring questions and comments!

Panel Debate about the Quantum Future at the Royal Danish Academy of Sciences

The brilliant lectures on atoms, photons, qubits, the nature of quantum information, the history of quantum physics, and current research into quantum computer paradigms -including combatting decoherence on both software and hardware levels- at The Quantum Future symposium where highly enjoyable. This fascinating program ended with a panel debate on how quantum technology will change our society, at the beautiful building of the Royal Danish Academy of Sciences, in attendance of fellow jurists Nicholson Price II, Louise C. Druedahl, Marcelo Corrales Compagnucci, and Agnieszka Radziwon.

Surfing the Waves of the Second Quantum Revolution

The panel debate at the Academy -superbly moderated by Nanna Bonde Thylstrup- gave a true, almost symptomatic picture of the various stakeholders' viewpoints and positions. But we are learning to speak each other's language better and better, a crucial and exciting step when it comes to balancing the societal impact of our mystical family of quantum technologies. Surfing the waves of the second quantum revolution requires building bridges between disciplines, beyond traditional research silos. Bringing together the humanities, social and natural sciences to spur sustainable innovation driven by a golden triangle of academia, government and industry is essential.

Thank you to Professor Timo Minssen and his team at CeBiL for the kind invite. https://jura.ku.dk/cebil/

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Quantum Computing and Intellectual Property Law

Berkeley Technology Law Journal, Vol. 35, No. 3, 2021

New Stanford University Beyond IP Innovation Law research article: “Quantum Computing and Intellectual Property Law”.

By Mauritz Kop

Citation: Kop, Mauritz, Quantum Computing and Intellectual Property Law (April 8, 2021). Berkeley Technology Law Journal 2021, Vol. 35, No. 3, pp 101-115, February 8, 2022, https://btlj.org/2022/02/quantum-computing-and-intellectual-property-law/

Download the article here: Kop_QC and IP Law BTLJ

Please find a short abstract below:

Intellectual property (IP) rights & the Quantum Computer

What types of intellectual property (IP) rights can be vested in the components of a scalable quantum computer? Are there sufficient market-set innovation incentives for the development and dissemination of quantum software and hardware structures? Or is there a need for open source ecosystems, enrichment of the public domain and even democratization of quantum technology? The article explores possible answers to these tantalizing questions.

IP overprotection leads to exclusive exploitation rights for first movers

The article demonstrates that strategically using a mixture of IP rights to maximize the value of the IP portfolio of the quantum computer’s owner, potentially leads to IP protection in perpetuity. Overlapping IP protection regimes can result in unlimited duration of global exclusive exploitation rights for first movers, being a handful of universities and large corporations. The ensuing IP overprotection in the field of quantum computing leads to an unwanted concentration of market power. Overprotection of information causes market barriers and hinders both healthy competition and industry-specific innovation. In this particular case it slows down progress in an important application area of quantum technology, namely quantum computing.

Fair competition and antitrust laws for quantum technology

In general, our current IP framework is not written with quantum technology in mind. IP should be an exception -limited in time and scope- to the rule that information goods can be used for the common good without restraint. IP law cannot incentivize creation, prevent market failure, fix winner-takes-all effects, eliminate free riding and prohibit predatory market behavior at the same time. To encourage fair competition and correct market skewness, antitrust law is the instrument of choice.

Towards an innovation architecture that mixes freedom and control

The article proposes a solution tailored to the exponential pace of innovation in The Quantum Age, by introducing shorter IP protection durations of 3 to 10 years for Quantum and AI infused creations and inventions. These shorter terms could be made applicable to both the software and the hardware side of things. Clarity about the recommended limited durations of exclusive rights -in combination with compulsory licenses or fixed prized statutory licenses- encourages legal certainty, knowledge dissemination and follow on innovation within the quantum domain. In this light, policy makers should build an innovation architecture that mixes freedom (e.g. access, public domain) and control (e.g. incentive & reward mechanisms).

Creating a thriving global quantum ecosystem

The article concludes that anticipating spectacular advancements in quantum technology, the time is now ripe for governments, research institutions and the markets to prepare regulatory and IP strategies that strike the right balance between safeguarding our fundamental rights & freedoms, our democratic norms & standards, and pursued policy goals that include rapid technology transfer, the free flow of information and the creation of a thriving global quantum ecosystem, whilst encouraging healthy competition and incentivizing sustainable innovation.

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Establishing a Legal-Ethical Framework for Quantum Technology

Yale Law School, Yale Journal of Law & Technology (YJoLT) The Record 2021

New peer reviewed cross-disciplinary Stanford University Quantum & Law research article: “Establishing a Legal-Ethical Framework for Quantum Technology”.

By Mauritz Kop

Citation: Kop, Mauritz, Establishing a Legal-Ethical Framework for Quantum Technology (March 2, 2021). Yale J.L. & Tech. The Record 2021, https://yjolt.org/blog/establishing-legal-ethical-framework-quantum-technology

Download the article here: Kop_Legal-Ethical Framework for Quantum Tech-Yale

Please find a short abstract below:

What is quantum technology?

Quantum technology is founded on general principles of quantum mechanics and combines the counterintuitive physics of the very small with engineering. Particles and energy at the smallest scale do not follow the same rules as the objects we can detect around us in our everyday lives. The general principles, or properties, of quantum mechanics are superposition, entanglement, and tunnelling. Quantum mechanics aims to clarify the relationship between matter and energy, and it describes the building blocks of atoms at the subatomic level.

Raising Quantum Awareness

Quantum technologies are rapidly evolving from hypothetical ideas to commercial realities. As the world prepares for these tangible applications, the quantum community issued an urgent call for action to design solutions that can balance their transformational impact. An important first step to encourage the debate is raising quantum awareness. We have to put controls in place that address identified risks and incentivise sustainable innovation.

Connecting AI and Nanotechnology to Quantum

Establishing a culturally sensitive legal-ethical framework for applied quantum technologies can help to accomplish these goals. This framework can be built on existing rules and requirements for AI. We can enrich this framework further by integrating ethical, legal and social issues (ELSI) associated with nanotechnology. In addition, the unique physical characteristics of quantum mechanics demand universal guiding principles of responsible, human-centered quantum technology. To this end, the article proposes ten guiding principles for the development and application of quantum technology.

Risk-based Quantum Technology Impact Assessment Tools

Lastly, how can we monitor and validate that real world quantum tech-driven implementations remain legal, ethical, social and technically robust during their life cycle? Developing concrete tools that address these challenges might be the answer. Raising quantum awareness can be accomplished by discussing a legal-ethical framework and by utilizing risk-based technology impact assessment tools in the form of best practices and moral guides.

Mauritz Kop is a Stanford Law School TTLF Fellow, Founder of MusicaJuridica and strategic intellectual property lawyer at AIRecht, a leading 4th Industrial Revolution technology consultancy firm based in Amsterdam, The Netherlands. The author is grateful to Mark Brongersma (Department of Materials Science and Engineering at Stanford University), Mark Lemley (Stanford Law School), and Suzan Slijpen (Slijpen Legal) for valuable cross-disciplinary comments on an earlier version of this article. Thank you Ben Rashkovich and the Yale Journal of Law & Technology for excellent suggestions and editorial support. This article benefitted from comments at the World Economic Forum Quantum Computing Ethics Workshop.

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Democratic Countries Should Form a Strategic Tech Alliance

Stanford - Vienna Transatlantic Technology Law Forum, Transatlantic Antitrust and IPR Developments, Stanford University, Issue No. 1/2021

New Stanford innovation policy research: “Democratic Countries Should Form a Strategic Tech Alliance”.

Download the article here: Kop_Democratic Countries-Strategic Tech Alliance-Stanford Law

Exporting values into society through technology

China’s relentless advance in Artificial Intelligence (AI) and quantum computing has engendered a significant amount of anxiety about the future of America’s technological supremacy. The resulting debate centres around the impact of China’s digital rise on the economy, security, employment and the profitability of American companies. Absent in these predominantly economic disquiets is what should be a deeper, existential concern: What are the effects of authoritarian regimes exporting their values into our society through their technology? This essay will address this question by examining how democratic countries can, or should respond, and what you can do about it to influence the outcome.

Towards a global responsible technology governance framework

The essay argues that democratic countries should form a global, broadly scoped Strategic Tech Alliance, built on mutual economic interests and common moral, social and legal norms, technological interoperability standards, legal principles and constitutional values. An Alliance committed to safeguarding democratic norms, as enshrined in the Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR). The US, the EU and its democratic allies should join forces with countries that share our digital DNA, institute fair reciprocal trading conditions, and establish a global responsible technology governance framework that actively pursues democratic freedoms, human rights and the rule of law.

Two dominant tech blocks with incompatible political systems

Currently, two dominant tech blocks exist that have incompatible political systems: the US and China. The competition for AI and quantum ascendancy is a battle between ideologies: liberal democracy mixed with free market capitalism versus authoritarianism blended with surveillance capitalism. Europe stands in the middle, championing a legal-ethical approach to tech governance.

Democratic, value-based Strategic Tech Alliance

The essay discusses political feasibility of cooperation along transatlantic lines, and examines arguments against the formation of a democratic, value-based Strategic Tech Alliance that will set global technology standards. Then, it weighs the described advantages of the establishment of an Alliance that aims to win the race for democratic technological supremacy against disadvantages, unintended consequences and the harms of doing nothing.

Democracy versus authoritarianism: sociocritical perspectives

Further, the essay attempts to approach the identified challenges in light of the ‘democracy versus authoritarianism’ discussion from other, sociocritical perspectives, and inquires whether we are democratic enough ourselves.

How Fourth Industrial Revolution (4IR) technology is shaping our lives

The essay maintains that technology is shaping our everyday lives, and that the way in which we design and utilize our technology is influencing nearly every aspect of the society we live in. Technology is never neutral. The essay describes that regulating emerging technology is an unending endeavour that follows the lifespan of the technology and its implementation. In addition, it debates how democratic countries should construct regulatory solutions that are tailored to the exponential pace of sustainable innovation in the Fourth Industrial Revolution (4IR).

Preventing authoritarianism from gaining ground

The essay concludes that to prevent authoritarianism from gaining ground, governments should do three things: (1) inaugurate a Strategic Tech Alliance, (2) set worldwide core rules, interoperability & conformity standards for key 4IR technologies such as AI, quantum and Virtual Reality (VR), and (3) actively embed our common democratic norms, principles and values into the architecture and infrastructure of our technology.

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