Innovation, Quantum-AI Technology & Law

Blog over Kunstmatige Intelligentie, Quantum, Deep Learning, Blockchain en Big Data Law

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 Regulation
Towards an Atomic Agency for Quantum-AI

Stanford, CA May 5, 2025 — Today, Mauritz Kop published interdisciplinary research proposing “A Principled Approach to Quantum Technologies”, and the establishment of an “Atomic Agency for Quantum-AI” on the website of the European Commission. The Atomic Agency essay analyzes emerging AI and quantum technology (including their increasing complementarity and interdependence embodied in quantum-AI hybrids) regulation, export controls, and technical standards in the U.S., EU, and China, comparing legislative efforts anno 2025 to strategically balance the benefits and risks of these transformative technologies through the lens of their distinct innovation systems. The Principled Approach paper posits that quantum technology's dual use character brings with it the need to balance maximizing benefits with mitigating risks. In this spirit, the paper argues that quantum technology development should best be guided by a framework for Responsible Quantum Technology, operationalized by a set of tailored principles to optimize risk-benefit curves.

Towards an Atomic Agency for Quantum-AI

The article analyzes emerging regulation, export controls, and technical standards for both quantum and AI (including their increasing complementarity and interdependence embodied in quantum-AI hybrids) in the U.S., EU, and China and offers novel conceptual frameworks to steward these technologies towards shared global benefit.

Key Takeaways:

1. Converging Need for Responsible Governance: Despite distinct innovation philosophies (market-driven in the U.S., values-based in the EU, and state-driven in China), there's a growing international consensus on the necessity for principled and responsible technology governance for both AI and quantum technologies.

2. The 'Washington Effect' vs. 'Beijing Effect': The U.S.'s security-centric policies are creating a de facto "Washington effect," potentially setting global rules for quantum law but risking premature regulation. Conversely, China's push for state-aligned standardization (e.g., via the Digital Silk Road) signals a "Beijing effect," which could export autocratic norms and fragment global interoperability, a trend exacerbated by unilateral export controls.

3. Potential U.S., EU and China Visions on a Quantum Governance Act: Given the distinct innovation ecosystems and strategic priorities of the United States, the European Union, and China, it is instructive to envision how each might hypothetically structure a dedicated legislative framework for quantum technologies. The research outlines hypothetical "Quantum Governance Acts" for each, reflecting their respective governance philosophies and innovation models, while also considering pathways towards greater international alignment based on shared values:

a. United States: Removing Barriers for U.S. Quantum Technology Act (deregulation, industrial standards-centric approach, Safeguarding through Advancing quantum technology, prioritizing market dynamism, national & economic security, and defense).

b. European Union: EU Quantum Act (harmonized regulation rooted in fundamental rights and societal benefit based on New Legislative Framework while incorporating elements from European Chips Act, renewed focus on defense via “European DARPA”).

c. China: Comprehensive Quantum Law (Safeguarding state control while Advancing state goals, blending elements of authoritarian governance with surveillance capitalism, integration of civilian and military sectors, self-reliance, exporting state norms & values through technical standards).

4. Global Challenges & Opportunities for Alignment: Faced with planetary challenges like disease, inequality and climate change, aligning on Responsible Quantum Technology (RQT) norms and standards is a critical global opportunity. The article cautions against a simplistic zero-sum game or Cold-War redux narrative for quantum competition, arguing it hinders vital international cooperation.

5. Quantum-Relativistic Innovation Theory of Everything: Philosophical thought experiment to understand innovation dynamics by drawing analogies from quantum mechanics (uncertainty, superposition at micro-level) and general relativity (context, structure at macro-level), theories about the fundamental nature of reality.

6. Smart Regulation and RQT by Design: Effective governance must move beyond mere restrictions to actively incentivize responsible behaviors, promoting "Responsible Quantum Technology (RQT) by design" through flexible instruments like Quantum Impact Assessments (QIA), RQT by design metrics, adaptive, modular legislation, & regulatory sandboxes.

7. Harmonized "Quantum Acquis Planétaire": The article advocates for a global body of Quantum Law ("Quantum Acquis Planétaire"), complemented by sector-specific practices. Such a quantum acquis would be anchored in universal ethical values and translated into foundational standards and agile legal guardrails. This requires inter-continental policymaking and strategic "recoupling" between major players like the U.S. and China, based on incentives and shared values (“what connects us” – e.g. human dignity, security, well-being).

8. An "Atomic Agency for Quantum-AI": A central proposal is the establishment of an international agency modeled after the International Atomic Energy Agency (IAEA). This body would aim to enforce a global acquis, deter a quantum arms race, ensure non-proliferation of dual-use quantum-AI technologies via safeguards implementation (inspired by nuclear governance), and potentially oversee a global UN Quantum Treaty.

9. Need for International Collaboration & Research Platforms: Realizing ambitious goals like fault-tolerant quantum centric supercomputing, and scalable topological qudits unlocking higher-dimensional quantum systems leveraging multi-level logic, requires collective global expertise and collaborative research platforms akin to CERN or ITER, challenging protectionist measures that stifle necessary cooperation. Immediate global actions should focus on leveraging quantum for the UN Sustainable Development Goals (SDGs), mitigating a 'Quantum Divide,' promoting quantum literacy, and building a skilled quantum workforce.

The research underscores the urgent need for robust global quantum-AI governance structures and calls for a shift from purely competitive dynamics towards pragmatic cooperation and the codification of a harmonized global framework.

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Nature Physics publishes A Call for Responsible Quantum Technology by Urs Gasser, Eline De Jong and Mauritz Kop

The leading journal Nature Physics has published "A Call for Responsible Quantum Technology," a significant Comment piece authored by a transatlantic team of scholars: Urs Gasser, Eline De Jong, and Mauritz Kop. Published on April 9, 2024, the article serves as a manifesto of the Stanford Center for Responsible Quantum Technology (RQT). It presents a compelling argument for proactively establishing ethical and societal guardrails for quantum technology (QT) while the field is still in its formative stages.

Citation: Gasser, U., De Jong, E. & Kop, M. A call for responsible quantum technology. Nat. Phys. 20, 525–527 (2024). https://doi.org/10.1038/s41567-024-02462-8

This foundational work builds upon the Stanford Center for RQT's prior scholarship, including the foundational paper "Towards Responsible Quantum Technology" published at Harvard and the University of California, and the "10 Principles for Responsible Quantum Innovation" published at IOP Science & Technology. All three authors are members of the Stanford RQT Center, which is founded and directed by Kop, who also served as the senior and corresponding author on the Nature publication. The article crystallizes the Center's crucial mission: to guide the development of quantum technologies in a direction that is safe, ethical, and beneficial for humanity and the planet.

Watch Urs Gasser and Eline De Jong present their Nature publication at the Stanford Responsible Quantum Technology Conference here: https://youtu.be/2vA9fID-7SA?si=MV67C9jN34UlsmuW&t=1279

The Core Argument: A Proactive Stance on Quantum Governance

The central thesis of "A Call for Responsible Quantum Technology" is both clear and urgent: the time to consider and implement governance frameworks for QT is now. The authors draw a crucial lesson from the history of other powerful innovations, such as nuclear fission and artificial intelligence (AI), where ethical, legal, and social considerations were often addressed reactively, "once the genie is already out of the bottle." Given the potentially transformative and disruptive power of quantum, the article argues that repeating this mistake is not an option.

A Framework for Responsible Quantum Innovation

To navigate this complex landscape, the authors propose a comprehensive framework for Responsible Quantum Technology. This is not a call for premature, heavy-handed legislation but for a systematic approach to anticipate and manage the ethical, legal, social, and policy implications (ELSPI) throughout the entire QT lifecycle.

The framework is designed to be operationalized through a set of quantum-specific guiding principles, which the authors organize into three functional categories, known as the SEA principles:

  • Safeguarding: Principles focused on mitigating downside risks, requiring that issues like information security and malicious dual-use scenarios are considered from the outset of research and development.

  • Engaging: Principles designed to foster robust interaction between innovators and diverse stakeholders to address complex issues like intellectual property, market competition, and equitable access.

  • Advancing: Principles that prioritize and incentivize the development of QT applications that serve desirable societal goals and the common good.

This layered approach, spanning technical, ethical, and socio-legal considerations, provides a navigational aid for researchers, funders, policymakers, and industry leaders, offering both an "issue spotter" to identify potential challenges and a "compass" to guide the technology's trajectory.

The Authors of the Nature Publication on Responsible Quantum Technology

The Nature article is a product of deep interdisciplinary expertise, authored by three leading figures at the Stanford Center for Responsible Quantum Technology:

Urs Gasser is a distinguished Professor at the Technical University of Munich (TUM), where he is Dean of the TUM School of Social Sciences and Technology. A Fellow at the Stanford RQT Center, he was previously the Executive Director of the Berkman Klein Center for Internet & Society at Harvard University. His research focuses on the societal and regulatory implications of emerging technologies, bringing a wealth of experience in technology law and policy.

Eline De Jong is a Dutch philosopher and ethicist serving as a Fellow at the Stanford RQT Center. She is currently a PhD candidate at the University of Amsterdam, specializing in the philosophy and ethics of quantum technology. Her background includes advising the Netherlands Scientific Council for Government Policy on the societal impact of AI, providing a deep understanding of the co-evolution of technology and society.

Mauritz Kop, the Founding Director of the Stanford RQT Center and the article's senior and corresponding author, is a tech lawyer, policy advisor, and academic whose work focuses on creating sui generis governance frameworks for exponential technologies like AI and quantum. His scholarship, published by leading institutions globally, aims to integrate risk management, regulatory compliance, and safety standards directly into the innovation process.

This collaboration between legal, policy, and ethics scholars underscores the article's central message: ensuring a responsible quantum future requires a concerted, interdisciplinary, and international effort. As the manifesto for the Stanford Center for RQT, Nature’s "A Call for Responsible Quantum Technology" is a foundational text, setting a clear and principled agenda for the global quantum community.

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Mauritz Kop Fellow at Inter-CeBIL Harvard Cambridge Copenhagen

Harvard-Cambridge-Copenhagen, Sept 15, 2023 — Mauritz Kop has accepted a position as an Inter-CeBIL Fellow at the prestigious Novo Nordisk Foundation Copenhagen-Cambridge-Harvard Inter-CeBIL Programme for International Collaborative Bioscience Innovation & Law. In this role, Kop will focus his research on Advanced Medical Computing, Artificial Intelligence (AI) and Quantum Technologies within the life sciences ecosystem.

About the Inter-CeBIL Programme

The Inter-CeBIL Programme is a world-leading research hub dedicated to identifying and tackling the most significant legal and regulatory barriers to health and life science innovation. The initiative fosters robust knowledge networks to provide tailored legal and regulatory support to patients, researchers, businesses, and incubators, with the ultimate goal of ensuring that health and life science innovations can safely and effectively reach patients and markets.

This international collaboration brings together top-tier academic institutions to drive progress in healthcare and biotechnology. The program is a joint effort between the Centre for Advanced Studies in Bioscience Innovation Law (CeBIL) at the University of Copenhagen, the Petrie-Flom Center for Health Law Policy, Biotechnology, and Bioethics at Harvard Law School, and the University of Cambridge, among other key partners. The program is led by a distinguished team, including Professor Timo Minssen as the Founding Director of CeBIL at the University of Copenhagen, Professor I. Glenn Cohen who leads Harvard Law School’s contribution, and Professor Mateo Aboy who leads the Cambridge part.

Key Research Areas

The Inter-CeBIL Programme centers its research on three key "grand challenges":

1. Advanced Medical Computing: Focusing on Artificial Intelligence (AI) and Quantum Technologies (QT).

2. Pandemic Preparedness & Anti-Microbial Resistance (AMR).

3. Sustainable Innovation & Biosolutions: Encompassing eco-systems, drug R&D, drug regulation, and data infrastructures.

Focus on Key Area 1: Advanced Medical Computing, AI & Quantum Technology

This key research area addresses the increasingly critical role of advanced computing in the life sciences and medical sectors. Algorithms are becoming fundamental building blocks in a wide range of medical devices, digital health technologies (DHTs), and drug discovery tools (DDTs). The use of advanced computing, including AI/ML and quantum computing (QC), holds immense potential benefits for the life sciences, drug discovery, and medical sectors. These advancements also raise significant legal, ethical, governance, and regulatory issues that the program aims to address.

In his capacity as an Inter-CeBIL Fellow, Mauritz Kop will contribute his deep expertise in quantum-AI, its governance, and its legal-ethical implications to this key research area, helping to navigate the complex challenges and opportunities presented by these cutting-edge technologies.

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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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Een Juridisch-Ethisch Kader voor Quantum Technologie

Een bewerkte versie van deze bijdrage is gepubliceerd op platform VerderDenken.nl van het Centrum voor Postacademisch Juridisch Onderwijs (CPO) van de Radboud Universiteit Nijmegen. https://www.ru.nl/cpo/verderdenken/columns/we-nederland-voorbereiden-kwantumtoekomst/

Nederland moet zich voorbereiden op de toepassing van kwantumtechnologie, zegt jurist en Stanford Law School Fellow Mauritz Kop. Op het gebied van regulering, intellectueel eigendom en ethiek is er nog veel werk aan de winkel.

De Quantum Age roept veel juridische vragen op

Het gedrag van de natuur op de kleinste schaal kan vreemd en contra-intuïtief zijn. Hoe kunnen beleidsmakers de toepassingsgebieden van kwantumtechnologie, zoals quantum computing, quantum sensing en het quantum internet op een maatschappelijk verantwoorde manier reguleren? Dienen ethische kwesties een rol te spelen in regulering? De Quantum Age roept veel juridische vragen op.

Hoe kunnen we kwantumtechnologie reguleren?

Regulering van transformatieve technologie is een dynamisch, cyclisch proces dat de levensduur van de technologie en de toepassing volgt. Het vraagt om een flexibel wetgevend systeem dat zich snel kan aanpassen aan veranderende omstandigheden en maatschappelijke behoeften.

De eerste regelgevende stap om te komen tot een bruikbaar juridisch-ethisch kader is het koppelen van de Trustworthy AI-principes aan kwantumtechnologie. Die vullen we vervolgens aan met horizontale, overkoepelende regels die recht doen aan de unieke natuurkundige eigenschappen van quantum. Aan deze horizontale kernregels voegt de wetgever tenslotte verticale, industrie- of sectorspecifieke voorschriften toe. Die verticale voorschriften en gedragscodes zijn risk-based en houden rekening met de uiteenlopende behoeftes van economische sectoren waar het duurzame innovatiestimuli betreft. Zo ontstaat een gedifferentieerde, sectorspecifieke benadering aangaande incentives en risks.

Bewustwording van ethische, juridische en sociale aspecten

Een belangrijk onderdeel van het synchroniseren van onze normen, waarden, standaarden en principes met kwantumtechnologie is het creëren van bewustwording van de ethische, juridische en sociale aspecten ervan. De architectuur van systemen die zijn uitgerust met kwantumtechnologie moet waarden vertegenwoordigen die wij als samenleving belangrijk vinden.

Vooruitlopend op spectaculaire doorbraken in de toepassing van kwantumtechnologie is de tijd nu rijp voor regeringen, onderzoeksinstellingen en de markt om regulatoire en intellectuele eigendomsstrategieën voor te bereiden die passen bij de power van de technologie.

Nederland moet zich voorbereiden op een kwantumtoekomst, want die komt eraan.

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Regulating Transformative Technology in The Quantum Age: Intellectual Property, Standardization & Sustainable Innovation

Stanford - Vienna Transatlantic Technology Law Forum, Transatlantic Antitrust and IPR Developments, Stanford University, Issue No. 2/2020

New Stanford cutting edge tech law research: “Regulating Transformative Technology in The Quantum Age: Intellectual Property, Standardization & Sustainable Innovation”.

Download the article here: Kop_Regulation Standardization Innovation Quantum Age-Stanford Law

Quantum technology has many legal aspects

The behavior of nature at the smallest scale can be strange and counterintuitive. In addition to unique physical characteristics, quantum technology has many legal aspects. In this article, we first explain what quantum technology entails. Next, we discuss implementation and areas of application, including quantum computing, quantum sensing and the quantum internet. Through an interdisciplinary lens, we then focus on intellectual property (IP), standardization, ethical, legal & social aspects (ELSA) as well as horizontal & industry-specific regulation of this transformative technology.

The Quantum Age raises many legal questions

The Quantum Age raises many legal questions. For example, which existing legislation applies to quantum technology? What types of 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? Should we create global quantum safety, security and interoperability standards and make them mandatory in each area of application? In what way can quantum technology enhance artificial intelligence (AI) that is legal, ethical and technically robust?

Regulating quantum computing, quantum sensing & the quantum internet

How can policy makers realize these objectives and regulate quantum computing, quantum sensing and the quantum internet in a socially responsible manner? Regulation that addresses risks in a proportional manner, whilst optimizing the benefits of this cutting edge technology? Without hindering sustainable innovation, including the apportionment of rights, responsibilities and duties of care? What are the effects of standardization and certification on innovation, intellectual property, competition and market-entrance of quantum-startups?

The article explores possible answers to these tantalizing questions.

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Shaping the Law of AI: Transatlantic Perspectives

Stanford-Vienna Transatlantic Technology Law Forum, TTLF Working Papers No. 65, Stanford University (2020).

New Stanford innovation policy research: “Shaping the Law of AI: Transatlantic Perspectives”.

Download the article here: Kop_Shaping the Law of AI-Stanford Law

The race for AI dominance

The race for AI dominance is a competition in values, as much as a competition in technology. In light of global power shifts and altering geopolitical relations, it is indispensable for the EU and the U.S to build a transatlantic sustainable innovation ecosystem together, based on both strategic autonomy, mutual economic interests and shared democratic & constitutional values. Discussing available informed policy variations to achieve this ecosystem, will contribute to the establishment of an underlying unified innovation friendly regulatory framework for AI & data. In such a unified framework, the rights and freedoms we cherish, play a central role. Designing joint, flexible governance solutions that can deal with rapidly changing exponential innovation challenges, can assist in bringing back harmony, confidence, competitiveness and resilience to the various areas of the transatlantic markets.

25 AI & data regulatory recommendations

Currently, the European Commission (EC) is drafting its Law of AI. This article gives 25 AI & data regulatory recommendations to the EC, in response to its Inception Impact Assessment on the “Artificial intelligence – ethical and legal requirements” legislative proposal. In addition to a set of fundamental, overarching core AI rules, the article suggests a differentiated industry-specific approach regarding incentives and risks.

European AI legal-ethical framework

Lastly, the article explores how the upcoming European AI legal-ethical framework’s norms, standards, principles and values can be connected to the United States, from a transatlantic, comparative law perspective. When shaping the Law of AI, we should have a clear vision in our minds of the type of society we want, and the things we care so deeply about in the Information Age, at both sides of the Ocean.

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