Mauritz Kop Speaks on Quantum Ethics, Intellectual Property and Innovation at NASA SWEEEP Event
On October 3, 2022, a interdisciplinary dialogue on the future of quantum technology and its societal implications took place within a consortium focused on some of the most pressing environmental challenges of our time. Mauritz Kop, a visiting quantum and law scholar at Stanford University, was invited to address a workshop for the SouthWest Engine for Environment and Economic Prosperity (SWEEEP), a major initiative led by a consortium including NASA’s Jet Propulsion Laboratory (JPL), CalTech, and California State University, Northridge. The event, part of the National Science Foundation (NSF) Regional Innovation Engines program, provided a platform to discuss the intricate web of ethical, legal, socio-economic, and policy implications—termed "Quantum-ELSPI"—that must be navigated as quantum technologies are harnessed to address grand challenges like water scarcity and agricultural sustainability.
The Institutional Context: NASA and the SWEEEP Mission
The National Aeronautics and Space Administration (NASA), established in 1958, has a storied history of pushing the boundaries of science and technology for the benefit of humanity. While renowned for space exploration, its mission extends deeply into Earth science, utilizing its unique vantage point from space to understand and protect our home planet. From monitoring climate change and weather patterns to managing natural resources, NASA’s work is foundational to global environmental stewardship.
Mauritz Kop Speaks on Quantum Ethics, Intellectual Property and Innovation at NASA SWEEEP Event
This commitment to terrestrial challenges is exemplified by its involvement in the SWEEEP initiative. SWEEEP is a direct response to the NSF Regional Innovation Engines program, a nationwide effort to catalyze and accelerate regional-scale, R&D-based innovation ecosystems. The program is designed to fund "Engines" that advance critical technologies, address societal challenges, promote economic growth, and cultivate regional talent, with potential funding of up to $160 million over ten years per Engine.
The SWEEEP consortium specifically targets the profound environmental and economic crises facing the Southwestern United States. This region is confronting what the initiative terms a "bone dry" reality, with climate change exacerbating water shortages that threaten agriculture, infrastructure, and communities. The statistics presented by the SWEEEP team are stark: 80% of California's water is used for agriculture, yet up to 60% of irrigation water is lost before reaching crops, and 50% of nitrogen applied as fertilizer is wasted, contributing significantly to greenhouse gas emissions.
To combat this, SWEEEP’s strategy is to create a quantum-oriented innovation ecosystem. The vision is to leverage quantum information science (QIS) and artificial intelligence (AI) to pioneer new solutions. This includes the development of advanced quantum sensors for unprecedented accuracy in monitoring water resources, such as underground aquifers, soil moisture, and even plant canopy health. Quantum computing is envisioned to power sophisticated climate models for improved weather forecasting and to optimize resource allocation in agriculture. The project aims to build an "M2verse" (Multi-Metaverse) ecosystem, a digital twin that bridges the physical and digital worlds to enable data-driven, collaborative decision-making for farmers and policymakers.
It was within this context of ambitious technological solution-building that Mauritz Kop was invited to provide a crucial perspective on governance and responsible innovation. The leaders of the initiative, including Edward Chow of NASA JPL and Bingbing Li of California State University Northridge, recognized that developing powerful new technologies carries a responsibility to proactively address their societal impact.
Quantum-ELSPI: A Framework for Responsible Innovation
In his address, Mauritz Kop introduced the comprehensive concept of Quantum-ELSPI, arguing for a multidisciplinary approach that integrates ethical, legal, socio-economic, and policy considerations directly into the R&D lifecycle. He stressed the importance of "building bridges between disciplines," enabling quantum physicists and engineers to communicate effectively with experts in the humanities and social sciences. The goal is not to give premature, all-encompassing answers, but to begin by asking the right questions.
For a project like SWEEEP, this means looking beyond the technical specifications of a quantum sensor to consider the legal frameworks for the data it collects, the ethical implications of its use in agriculture, and the socio-economic impact on farming communities. Kop noted that NSF reviewers would likely value such a forward-thinking awareness of the complex societal dimensions of the proposed technological interventions.
Intellectual Property in the Quantum Age: Fostering or Hindering Innovation?
A significant portion of the discussion was dedicated to the role of intellectual property (IP) in the quantum domain. Quantum computers and related systems are extraordinarily complex, comprising myriad components, each potentially protected by its own IP right. Kop described this as a "rainbow of IP rights," where patents, copyrights, trade secrets, and trademarks can create a dense and overlapping landscape.
While IP is designed to incentivize invention, he cautioned that an over-reliance on exclusive rights could lead to "IP overprotection," potentially stifling the cumulative, follow-on innovation that is essential for a burgeoning field like quantum technology. The challenge is to balance the need to protect inventions with the goal of building an open, thriving global quantum ecosystem.
To address this, Kop advocated for "innovation policy pluralism." This approach suggests that IP is not the only, nor always the best, tool. Policymakers should consider a mix of alternatives, including antitrust law to prevent market distortion by early movers, direct public-private funding, subsidies, prizes, and the strategic use of standardization and certification. In a future where quantum and AI make creation and distribution inexpensive and abundant, the traditional role of IP may need to be fundamentally re-evaluated. This perspective poses a direct and critical question to the SWEEEP consortium as it navigates its collaborative structure: how will the intellectual property generated by its diverse partners—from national labs to universities and startups—be managed to maximize innovation and public benefit rather than creating barriers?
Quantum Ethics: Learning from AI, Nano, VR, Biosciences and Nuclear
Drawing lessons from the development of artificial intelligence, nano, and nuclear, Kop emphasized that "technology is never neutral." The choices made by designers and engineers embed values and ethical decisions into the architecture of systems. He argued strongly against the notion that ethics is a trade-off or a hindrance to innovation. On the contrary, building in values from the start—a concept known as "Responsible Quantum Technology by Design"—conveys trust, gives a competitive advantage, and leads to more sustainable, long-term success.
The AI boom demonstrated the consequences of failing to address ethical issues like bias in machine learning algorithms early on. For quantum technology, there is an opportunity to prevent these mistakes. This involves developing fair quantum machine learning protocols, establishing FAIR (Findable, Accessible, Interoperable, and Reusable) data principles, and implementing life cycle auditing for quantum applications. Proactively shaping the technology is essential, because as society shapes technology, technology in turn shapes society.
Furthermore, crucial lessons can be drawn from the governance of nanotechnology and nuclear technology. The experience with nanotechnology underscores the importance of early and continuous public engagement, as well as the critical need for developing clear definitions, metrology, and international standards to create a common language for researchers, industry, and regulators. The history of nuclear technology offers a more sobering precedent, providing an essential model for managing the profound dual-use risks inherent in a powerful new technology. It highlights the absolute necessity of establishing robust international governance regimes, verification mechanisms, and stringent export controls to safeguard against misuse and ensure that the technology's development serves peaceful and beneficial ends.
Similarly, the field of biosciences, particularly genetics, offers a powerful precedent for navigating technologies with the potential to alter fundamental aspects of life and the environment. The decades-long development of ethical frameworks around genetic engineering—establishing principles of informed consent, genetic privacy, and institutional review boards—provides a vital roadmap for quantum. It teaches the importance of creating deliberative bodies to weigh profound ethical questions and establishing clear regulatory pathways before a technology becomes widespread. Likewise, the rise of virtual reality (VR) provides lessons in managing the psychological and social impacts of immersive digital worlds, from data privacy concerns with biometric tracking to the potential for manipulation in simulated environments. These diverse historical examples converge on a single, critical insight: the necessity of a deeply interdisciplinary analysis. Effective governance for a technology as complex and consequential as quantum cannot be developed in silos; it requires a sustained dialogue and true integration of expertise from the physical sciences, law, ethics, and the social sciences from the very beginning.
Towards a Holistic Quantum Governance Framework
Ethics alone, Kop argued, are insufficient. They must be embedded within a broader, more robust quantum governance framework. He outlined several key components of such a structure.
First is the development of a Quantum Technology Impact Assessment (QIA). This tool would serve to monitor and validate that a quantum application remains legal, ethical, and technically robust throughout its entire life cycle. For a technology deployed in the field, such as a quantum sensor for water management, a QIA would offer a practical pathway to ensure regulatory conformity and operationalize guiding principles.
Second, the challenge of dual-use applications must be addressed. Quantum technologies, particularly in sensing, computing, and communications, have significant potential for both civilian and military applications. This duality necessitates a carefully balanced regulatory approach. Kop pointed to recent U.S. presidential directives on quantum technology as a move toward targeted export controls and investment screening. While essential for national security, these measures must be carefully calibrated to avoid fracturing fragile global supply chains and chilling international collaboration. He predicted a future of heavily regulated high-risk quantum applications, perhaps overseen by a gatekeeper agency analogous to the FDA for medicine.
Third, standardization is critical. Establishing interoperability standards and common protocols, such as those developed by ISO and IEEE, is essential for creating a cohesive and reliable quantum ecosystem. These standards should not be purely technical; they must also adhere to and reinforce shared democratic and ethical ideals.
Finally, Kop and his colleagues are developing a prototype for a Quantum Governance Act. Drawing inspiration from the risk-based approach of the EU's AI Act, such legislation would create a product safety framework for quantum technologies. It would classify applications based on their level of risk—from unacceptable to high, limited, and minimal—and establish clear rules for market entry and oversight. This proactive, evidence-based legislative approach aims to create legal certainty, foster public trust, and ensure that the development of quantum technology aligns with societal values.
Conclusion: A Call for Utopian Realism
In his concluding remarks, Mauritz Kop painted a vision of what Martin Heidegger termed "utopian realism": a world that fosters a global spirit of cooperation to solve humanity's grand challenges, like climate change, while simultaneously allowing for healthy competition on specific scientific and commercial approaches.
The SWEEEP initiative, with its ambitious goal of harnessing quantum technology to secure a sustainable future for the American Southwest, stands as a prime example of where this vision can be put into practice. The event underscored a fundamental truth: the development of revolutionary technologies cannot be separated from a deep and early consideration of their human and societal context. The work of scientists and engineers at NASA and its partner institutions will be immeasurably strengthened by integrating the legal, ethical, and policy frameworks necessary to guide their innovations responsibly.
The dialogue on October 3, 2022, was a testament to the foresight of the SWEEEP leadership. Sincere thanks are owed to the organizing team, including Edward Chow, who later spoke at the inaugural Stanford Responsible Quantum Technology Conference, and Bingbing Li, for creating a space where these critical, transdisciplinary conversations can occur. Their work ensures that as we build the quantum future, we do so with wisdom, foresight, and a steadfast commitment to the public good.