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.

Mauritz Kop Guest Professor at US Air Force Academy

Colorado Springs, April 25, 2024. We are pleased to highlight Professor Mauritz Kop's recent engagement as a guest professor at the prestigious United States Air Force Academy on April 25, 2024. Professor Kop, Founding Director of the Stanford Center for Responsible Quantum Technology (RQT), addressed talented cadets on "Models for Responsible Regulation of Quantum Information Sciences." The class was an integral part of the Law and Emerging Tech program, led by Professor Aubrey Davis.

Professor Kop's lecture provided a comprehensive overview of the rapidly evolving landscape of quantum technologies and the critical need for proactive, responsible governance, particularly in the context of global geopolitical dynamics.

The Quantum Frontier: Opportunities and Geostrategic Challenges

The session commenced by acknowledging the significant global interest and investment in quantum technologies, noting China's relentless advances in AI and quantum, particularly in quantum networking, which has spurred anxieties about America’s technological supremacy. This technological race brings forth a deeper, existential concern: the potential effects of authoritarian regimes exporting their values into democratic societies through their technology.

Responsible Quantum Technology (RQT) and Its Operationalization

The discussion delved into the critical concept of Quantum-ELSPI (Ethical, Legal, Socio-economic, and Policy Implications), which must be proactively considered for any emerging technology. Quantum-ELSPI, he argued, should inspire the practice of Responsible Quantum Technology (RQT). The Stanford-led RQT framework integrates ELSPI perspectives into quantum R&D, deployment, and adoption, responding to the Responsible Research and Innovation (RRI) dimensions of anticipation, inclusion, reflection, and responsiveness (AIRR).

To make RQT actionable, Professor Kop introduced the 10 Principles for Responsible Quantum Innovation, developed by his multidisciplinary research group. These principles are organized under the SEA framework (Safeguarding, Engaging, and Advancing Quantum Technology) and aim to guide regulatory interventions and cultivate responsible practices across precautionary and permissionless innovation systems. Operationalizing these principles requires continuous multi-stakeholder collaboration throughout the lifecycle of quantum systems, involving standard-setting bodies like ISO, NIST, and IEEE, and potentially new oversight mechanisms like an "Atomic Agency for Quantum-AI".

The Role of Interdisciplinary Collaboration and Education

Highlighting the importance of diverse perspectives, Professor Kop, who integrates his background in law, music, and art into his quantum work, emphasized the need to go beyond siloed approaches to solve the hypercomplex matters arising from quantum technology. He referenced the Stanford Center for RQT's work, its multidisciplinary approach to tackling ELSPI, and its mission to foster competitive, values-based, equitable quantum ecosystems. Initiatives like the annual Stanford RQT Conference and the newly launched Stanford Quantum Incubator aim to bring the quantum community together, bridge gaps between academia, government, investors, and industry, and promote quantum literacy.

Professor Kop concluded by underscoring the urgent need for developing robust models for the responsible regulation of quantum information sciences to ensure that these powerful new capabilities benefit humanity and uphold democratic values.

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Hoover Institution Invites Mauritz Kop to Speak on Quantum, Democracy and Authoriarianism

Professor Mauritz Kop Addresses Quantum Technology's Role in the Era of Digital Repression at Hoover Institution Workshop

Palo Alto, CA – April 22, 2024 – Professor Mauritz Kop, Founding Director of the Stanford Center for Responsible Quantum Technology (RQT), delivered insightful opening remarks at a breakout session on Quantum Technology as part of the two-day closed door workshop, "Getting Ahead of Digital Repression: Authoritarian Innovation and Democratic Response." The workshop, held on April 22-23, 2024, at Hoover Institution, Stanford University, was a collaborative effort by the National Endowment for Democracy’s International Forum for Democratic Studies, Stanford University’s Global Digital Policy Incubator, and the Hoover Institution’s China’s Global Sharp Power Project.

The event convened leading researchers and advocates to map how digital authoritarians are innovating globally and to identify new strategies for ongoing knowledge-sharing and cooperation to confront this deepening challenge. The agenda focused on understanding how autocrats leverage emerging technologies—from AI and digital currencies to quantum technology—for social control, censorship, and to export their governance models.

Guardrails Against Digital Authoritarianism

Professor Kop's address served as a crucial discussion starter for the breakout session, which aimed to brainstorm how advances in quantum technology might alter the dynamics of the struggle against digital authoritarianism and to explore potential guardrails. His remarks underscored the profound societal impact of quantum technologies and the imperative for proactive, principles-based governance to ensure they are developed and deployed responsibly, safeguarding human rights and democratic values on a global scale.

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Stanford University Launches Stanford Center for Responsible Quantum Technology

Stanford, CA – December 6, 2023 – Stanford University today announced the launch of the Stanford Center for Responsible Quantum Technology (RQT), a pioneering initiative dedicated to addressing the profound ethical, legal, social, and policy implications of the rapidly advancing field of quantum technologies, including quantum artificial intelligence (QAI). The Center, part of the Stanford Program in Law, Science & Technology (LST) at Stanford Law School (SLS), is believed to be the first academic center of its kind.

Dutch Network for Academics in the USA Semicon, Geopolitics and Shared Values Event

The announcement was made during a distinguished Dutch Network for Academics in the USA event focused on semicon, geopolitics and shared democratic values, presented by the Stanford Institute for Economic Policy Research (SIEPR). The occasion was graced by the presence of outgoing Netherlands Prime Minister Mark Rutte, Nobel Prize winner and Stanford School of Business Professor Guido Imbens, Stephen Harris Professor of Materials Science and Engineering Mark Brongersma, and William H. Neukom Professor of Law Mark Lemley, who is also the Director of the LST program and serves as the faculty leader of the new Quantum Institute.

Mauritz Kop Founding Director of the Stanford Center for Responsible Quantum Technology

Mauritz Kop, who founded and directs the Center and began his tenure as a Transatlantic Technology Law Forum Fellow at Stanford Law School in 2019, highlighted the critical juncture at which the Center is being established. "Quantum technologies—especially in the areas of encryption, computing, and sensors—were rapidly evolving from hypothetical ideas to commercial realities," Kop observed. "Here, I determined, was where the most interesting–and pressing–questions of law and policy lay. Put simply, quantum technology involves the smallest particles in the universe but has the potential to create some of the world’s biggest technological quandaries and opportunities."

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Stanford Responsible Quantum Technology Conference 2023

Stanford, CA – May 22, 2023 – The 21st century is undeniably the Quantum Age, and on May 22, 2023, Stanford University hosted the inaugural Stanford Responsible Quantum Technology Conference at the iconic Paul Brest Hall, Stanford Law School. This landmark annual event, themed "Quantum-ELSPI" for its first iteration, brought together the global quantum community to explore the multifaceted ethical, legal, socio-economic, and policy implications (ELSPI) of this transformative field.

The conference was designed as a unique confluence of quantum physics, law, and art, aiming to discuss informed suggestions on how to balance maximizing the benefits and mitigating the risks of applied quantum technology. It covered state-of-the-art quantum computing, sensing, simulation, communication, materials, and quantum-classical hybrids, all within diverse multidisciplinary settings and taking a pro-innovation stance.

A Day of Interdisciplinary Exploration and Artistic Inspiration

The day was marked by deeply interdisciplinary presentations and an elegant intellectual atmosphere, uniquely punctuated by live musical interludes featuring works by Mozart, Schönberg, and Chopin, and opera arias by Handel, Liszt, and Gounod. Attendees also witnessed interactive quantum physics experiments, including demonstrations of quantum sensing and interferometry, designed to make the counter-intuitive quantum world more accessible.

The program began with Opening Remarks by Mauritz Kop of Stanford University, AIRecht.nl, and Daiki. This set the stage for a day of profound discussions.

What Responsible Quantum Technology & Innovation Entails

As attendees experienced, the conference provided an illuminating platform for discussing the state-of-the-art in quantum science, governance tipping points, risk-benefit analyses, intellectual property, societal impact assessments, and the myriad exciting novel use cases being developed. The discussions on what Responsible Quantum Technology & Innovation truly entails in diverse, multidisciplinary, and intergenerational settings were a highlight for all participants.

Mauritz Kop offered closing remarks, and the day concluded with a reception, further fostering the sense of community and shared purpose.

Deep gratitude was extended to all the speakers, moderators, musicians (Ireh Kim, Jin-Hee Catherine Lee, Zoe Logan Schramm, Katie Liu, Daniel Changxiao Sun, and Mauritz Kop), and physicists (Franz Inthisone Pfanner, Daniel Changxiao Sun) who contributed to the success of this inaugural event. Special thanks were also conveyed to Professor Mark Lemley and the team at Stanford Law School for making this memorable conference a reality.

The Stanford Responsible Quantum Technology Conference has set a high bar for future discussions, and the quantum community eagerly anticipates Stanford RQT 2.0.

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Why Quantum Computing Is Even More Dangerous Than Artificial Intelligence (Foreign Policy)

Washington DC, August 21, 2022. Foreign Policy just published an article about regulating quantum technology authored by Vivek Wadhwa and Mauritz Kop. https://foreignpolicy.com/2022/08/21/quantum-computing-artificial-intelligence-ai-technology-regulation/

United States and other democratic nations must prepare for tomorrow's quantum era today

To avoid the ethical problems that went so horribly wrong with AI and machine learning, democratic nations need to institute controls that both correspond to the predicted power of the emerging suite of second generation quantum technologies, and respect & reinforce democratic values, human rights, and fundamental freedoms. In fact, the quantum community itself has issued a call for action to immediately address these matters. We argue that governments must urgently begin to think about regulation, standards, and responsible use—and learn from the way countries handled or mishandled other revolutionary technologies, including AI, nanotechnology, biotechnology, semiconductors, and nuclear fission. Benefits and increased quantum driven prosperity should be equitably shared among members of society, and risks equally distributed. The United States and other democratic nations must not make the same mistake they made with AI—and prepare for tomorrow's quantum era today.

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Intellectual Property in Quantum Computing and Market Power: A Theoretical Discussion and Empirical Analysis (Oxford University Press)

Delighted to see our article ‘Intellectual Property in Quantum Computing and Market Power: A Theoretical Discussion and Empirical Analysis’ -co-authored with my talented friends Prof. Mateo Aboy, PhD, SJD, FIT and Prof. Timo Minssen- published in the Journal of Intellectual Property Law & Practice (Oxford University Press), the flagship IP peer-reviewed OUP Journal, edited by Prof. Eleonora Rosati. Thanks to the JIPLP team for excellent editorial support! Our article: https://academic.oup.com/jiplp/article/17/8/613/6646536

This piece is the sisterpaper of our Max Planck @ Springer Nature published article titled ‘Mapping the Patent Landscape of Quantum Technologies: Patenting Trends, Innovation and Policy Implications’, which we wrote in parallel. The IIC quantum-patent study can be found here: https://link.springer.com/article/10.1007/s40319-022-01209-3. Our teamwork was absolutely gratifying and we hope it will inform strategic, evidence based transatlantic policy making.

IP and Antitrust Law

Please find a short synopsis of our work below:

We are on the verge of a technological revolution associated with quantum technologies, including quantum computing and quantum/artificial intelligence hybrids. Its complexity and global significance are creating potential innovation distortions, which could not have been foreseen when current IP and antitrust systems where developed.

Potential IP Overprotection

Using quantitative methods, we investigated our hypothesis that IP overprotection requires a reform of existing IP regimes for quantum tech, to avoid or repair IP thickets, fragmented exclusionary rights and anticommons concerns, lost opportunity costs, and an unwanted concentration of market power.

Perhaps counter-intuitively, we found that there appear to be (at least so far) no such overprotection problems in the real-world quantum computing field to the extent that their consequences would hinder exponential innovation in this specific branch of applied quantum technology, as more and more quantum patent information enters the public domain.

Patents versus Trade Secrets and State Secrets

However, developments taking place in secrecy, either by trade secrets or state secrets, remains the Achilles heel of our empirical approach, as information about these innovations is not represented by our dataset, and thus cannot be observed, replicated or generalized.

Interplay between IP and Antitrust Law: Open or Closed Innovation Systems

Policy makers should urgently answer questions regarding pushing for open or closed innovation systems including the interplay between IP and antitrust law, taking into account dilemma’s pertaining to equal/equitable access to benefits, risk control, ethics, and overall societal impact. Crucially, intellectual property in quantum technology has a national safety and (cyber)security dimension, often beyond the IP toolkit.

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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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Mauritz Kop joins Expert Panel on Quantum Technologies of the Council of Canadian Academies (CCA)

Mauritz Kop joins the multidisciplinary Expert Panel on Quantum Technologies of the Council of Canadian Academies (CCA) over 2022-2023, chaired by Professor Raymond Laflamme. In November 2023, The Expert Panel on the Responsible Adoption of Quantum Technologies published their final report titled Quantum Potential. https://cca-reports.ca/reports/quantum-technologies/

The Council of Canadian Academies (CCA) Investigates Future Impact of Quantum Technologies

As Chair, Dr. Raymond Laflamme will lead a multidisciplinary group with expertise in quantum technologies, economics, innovation, ethics, and legal and regulatory frameworks. The Panel will answer the following question:

In light of current trends affecting the evolution of quantum technologies, what opportunities and challenges do these present in Canada?

The Quantum Potential Report

Quantum technologies are poised to play a major role in Canada’s future, from its national security to its economic standing. While Canada is among the global leaders in quantum research, it nevertheless faces challenges in the adoption of these technologies as they approach market readiness. Quantum Potential, a new expert panel report from the Council of Canadian Academies (CCA), outlines a responsible approach to quantum-technology adoption — a critical step toward ensuring Canada’s global competitiveness in the decades ahead.

Quantum Computing, Sensing, and Communications

Quantum Potential considers quantum computing, sensing, and communications, three categories of quantum technology at varying levels of maturity. While these technologies may strengthen digital infrastructure, improve data security, and optimize processes across a range of economic sectors, they also pose significant risks, such as misuse by malicious actors. Risks associated with quantum technologies span ethical, legal, social, and policy realms; without sufficient consideration, they may compromise public trust in quantum technologies, limit research funding, and stifle innovation.

The Commercialization Potential of Quantum Technologies in Canada

Quantum Potential explores the commercialization potential of quantum technologies, articulates Canada’s position within the global quantum value chain, and examines those conditions and policy levers that might promote their responsible adoption. https://cca-reports.ca/reports/quantum-technologies/

Quantum technologies offer opportunities to harness the properties of quantum mechanics for a breadth of applications, many of them novel. Though many quantum technologies are several years away from reaching market, it is believed that they have the potential to revolutionize many industries as they reach widespread commercial availability. Domestic industries will need to adopt these technologies if they wish to remain globally competitive, as will governments hoping to ensure national and economic security, public safety, and the integrity of critical infrastructure. To date, Canada has made noteworthy investments in the research and development of quantum technologies but has focused less on mechanisms to stimulate their diffusion and adoption.

Ethical, Legal, Social, and Policy Implications (Quantum-ELSPI)

The adoption of quantum technologies also carries significant ethical, legal, social, and policy implications. These include potential threats to data security and digital infrastructure, anticompetitive pressures by market-dominant firms, mass surveillance and privacy loss, regulatory uncertainty, inequitable access to technology, and social challenges related to employment and public trust in science. However, there are many strategies that could help address these challenges and stimulate the responsible adoption of quantum technologies. These include public-private co-operation, pro-competition oversight and policies, industry-led initiatives, and the creation of a diverse quantum workforce. In order to maximize the benefits of quantum technologies while mitigating potential risks, responsible approaches to adoption should use state-sanctioned and self-regulating measures – including quantum impact assessments, soft-law mechanisms, and consultations with stakeholders – to anticipate the effects of technological change.

Thanks to the sponsors National Research Council Canada and Innovation; Science and Economic Development Canada for facilitating this Report.

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Montreal World Summit AI 2022 Features Mauritz Kop Keynote on EU AI Act

Montreal, Canada – May 4, 2022 – Today, at the prestigious World Summit AI Americas held at the Palais des congrès, Mauritz Kop, TTLF Fellow at Stanford Law School and Director of AIRecht, provided a concise overview of the proposed EU Artificial Intelligence Act. He was a featured panellist in a critical discussion titled, "Does the proposed EU Artificial Intelligence Act provide a regulatory framework for AI that should be adopted globally?". The summit, themed "AI with impact: for crisis response and business continuity and recovery," brings together leading AI brains and enterprise leaders.

Mr. Kop joined fellow distinguished panellists Professor Gillian Hadfield from the University of Toronto and Dr. José-Marie Griffiths, President of Dakota State University and former NSCAI Commissioner. The session was moderated by Meredith Broadbent, Former Chairman of the U.S. International Trade Commission and Senior Adviser at CSIS.

Novel Legal Framework for AI

During the panel, Mr. Kop outlined the main points of the novel legal framework for AI presented by the European Commission on April 21, 2021. He explained that the EU AI Act sets out horizontal rules applicable to all industries for the development, commodification, and use of AI-driven products, services, and systems within the EU's territory.

A core component of the Act is its sophisticated ‘product safety framework’, which is constructed around four distinct risk categories in a "pyramid of criticality". This risk-based approach dictates that AI applications with unacceptable risks are banned, while lighter legal regimes apply to low-risk applications. As the risk level increases, so do the stringency of the rules, ranging from non-binding self-regulation and impact assessments for lower-risk systems to potentially heavy, externally audited compliance requirements throughout the lifecycle of high-risk AI systems.

EU "Trustworthy AI" Paradigm

Mr. Kop emphasized that the Act aims to codify the high standards of the EU’s "trustworthy AI" paradigm, which mandates that AI systems must be legal, ethical, and technically robust, all while respecting democratic values, human rights, and the rule of law. A crucial aspect highlighted was the requirement for market entrance and certification of High-Risk AI Systems through a mandatory CE-marking procedure. This pre-market conformity regime also extends to the machine learning training, testing, and validation datasets used by these systems. Only after a declaration of conformity is signed and the CE marking is affixed can these high-risk systems enter and be traded on the European markets.

Enforcement will be managed by a new Union-level body, the European Artificial Intelligence Board (EAIB), supported by national supervisors in each Member State, similar to the GDPR's oversight structure. Mr. Kop noted the seriousness of non-compliance, with potential fines reaching up to 6% of a company's global turnover.

Balancing regulation with innovation, the EU AI Act also introduces legal sandboxes. These are designed to provide AI developers with "breathing room" to test new inventions and foster a flourishing AI ecosystem in Europe.

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Mauritz Kop Lecturer AI Regulation and Intellectual Property Law at CEIPI, University of Strasbourg

Strasbourg, France – We are pleased to feature insights from a lecture on "Intellectual Property and Ownership of AI Input and Output Data" delivered by Professor Mauritz Kop at the Centre for International Intellectual Property Studies (CEIPI), University of Strasbourg. This session was part of the University Diploma in Artificial Intelligence and Intellectual Property.

Rights and responsibilities pertaining to AI and data

Professor Kop, a Fellow at Stanford University and a strategic IP lawyer, shared his expertise on the rights and responsibilities pertaining to AI and data, offering both theoretical perspectives and practical tips at the current state of technological and legal development. The lecture aimed to equip attendees with a bird's-eye view of the intertwined key elements of this multidimensional topic.

AI, data governance, and intellectual property law

Professor Kop's session underscored the dynamic interplay between AI advancement, data governance, and intellectual property law. It highlighted the necessity for legal professionals to be "double or triple educated" to navigate this complex field and for ongoing efforts to create legal frameworks that foster responsible innovation while addressing societal and ethical considerations.

The lecture concluded by stressing that AI literacy and awareness, continuous learning, and proactive legal strategies are essential for all stakeholders in the AI ecosystem.

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