Mauritz Kop Speaks at CNAS Quantum Roundtable on Research Security, Technology Theft, and Intellectual Property Rights
Washington, D.C. – On October 11, 2023, the Center for a New American Security (CNAS) convened a timely, off-the-record roundtable discussion to address one of the most pressing national security challenges of our time: safeguarding American leadership in quantum technology. The event, titled "Quantum Roundtable: Research Security, Technology Theft, and Intellectual Property Rights," brought together a select group of leading experts from government, industry, and academia. Among the distinguished speakers was Mauritz Kop, Fellow and Visiting Scholar in Quantum and Law at Stanford University and later the Founding Director of the Stanford Center for Responsible Quantum Technology (RQT), and Chair of the annual Stanford RQT Conference.
The roundtable served as a critical forum for in-depth dialogue on formulating a robust U.S. strategy to protect its quantum ecosystem from intellectual property theft and illicit technology transfer, particularly in the context of strategic competition with nations like China. Quantum technology governance global expert Mauritz Kop was invited to provide his unique perspective, rooted in a holistic framework for responsible innovation, to help navigate the complex interface of intellectual property and national security.
Mauritz Kop Speaks at CNAS Quantum Roundtable on Research Security,Technology Theft, and Intellectual Property Rights.
The Center for a New American Security: Shaping the National Security Debate
The Center for a New American Security is a prominent, bipartisan non-profit organization that develops strong, pragmatic, and principled national security and defense policies. CNAS engages policymakers, experts, and the public with innovative, fact-based research, ideas, and analysis to shape and elevate the national security debate. Its Technology and National Security Program, led by Senior Fellow and Director Vivek Chilukuri, focuses on the complex challenges and opportunities presented by emerging technologies, aiming to ensure the United States maintains its technological leadership while upholding democratic values. This roundtable was a key component of the program's project on U.S. quantum strategy and its intersection with U.S.-China economic relations, reflecting CNAS’s commitment to proactive and forward-thinking policy development.
A High-Stakes Convening of Quantum Leaders
The roundtable's agenda was designed to facilitate a candid and substantive discussion among key stakeholders. The session was opened by CNAS Executive Vice President and Director of Studies, Dr. Paul Scharre, and Program Director Vivek Chilukuri, who set the stage by outlining the critical importance of the topic.
The main discussion featured two expert speakers:
Mauritz Kop, who brought a comprehensive legal, ethical, and policy perspective from his work at Stanford. His research focuses on developing governance frameworks for emerging technologies, integrating intellectual property, antitrust law, distributive justice, and national security strategy.
Dr. Elliott Mason, a Registered Patent Agent at Young Basile and a leader within the Quantum Economic Development Consortium (QED-C). Dr. Mason provided deep technical and practical insights from the front lines of quantum patenting and the development of industry standards.
The caliber of the participants underscored the event's significance. The room included senior representatives from the pillars of the U.S. quantum ecosystem:
Industry Leaders: Executives and legal counsel from pioneering quantum companies such as IBM, Atom Computing, Quantinuum, Xanadu, Q-CTRL, Strangeworks, and ColdQuanta (now Infleqtion), as well as tech giants like Google Quantum AI, Deloitte, and Cisco.
Government and National Labs: Officials from the U.S. Department of State, Air Force Research Laboratory, National Institute of Standards and Technology (NIST), National Institutes of Health (NIH), and Lawrence Livermore National Laboratory, alongside professional staff from the House Permanent Select Committee on Intelligence and the House Select Committee on the CCP.
Academia and Think Tanks: Esteemed professors and researchers from Stanford University, the University of Waterloo, and the University of California, Santa Barbara, as well as fellows from the Hudson Institute and the Center for Strategic and International Studies (CSIS).
International Partners: Representatives from the Royal Netherlands Embassy, highlighting the importance of collaboration with strategic allies.
This diverse assembly of expertise created a unique environment for a multi-faceted exploration of the challenges at hand, blending policy imperatives with technical realities and commercial considerations.
Mauritz Kop’s Contribution: A Responsible Framework for Quantum Security and Innovation
Invited to provide a keynote presentation and answer a series of deep, specialized questions, Mauritz Kop framed his contribution within a broader, principled approach to technology governance. He argued that narrow, reactive measures are insufficient for a technology as transformative as quantum. Instead, he proposed a holistic strategy grounded in two core concepts: Quantum-ELSPI and the Responsible Quantum Technology (RQT) framework.
1. The Quantum-ELSPI Metaparadigm:
Kop began by introducing the concept of Quantum-ELSPI, which stands for the interconnected Ethical, Legal, Socio-economic, and Policy Implications of quantum technologies. He emphasized that any effective strategy for research security and IP protection must be situated within this larger context. This means proactively considering which use cases of quantum technology should be encouraged (e.g., those aligned with the United Nations Sustainable Development Goals (UN SDGs)) and which should be restricted (e.g., high-risk military applications), rather than treating IP and security as purely technical or legal problems.
2. The Responsible Quantum Technology (RQT) Framework:
Building on this, Kop detailed the RQT framework developed by his interdisciplinary team at Stanford. This framework integrates ELSPI considerations directly into the R&D, deployment, and adoption lifecycle of quantum technologies. It is operationalized through 10 Principles for Responsible Quantum Innovation, which are organized into three functional categories: Safeguarding, Engaging, and Advancing (SEA).
A crucial insight from this framework, as Kop explained, is that safeguarding the quantum ecosystem is often best achieved by advancing it responsibly. Overly restrictive controls can stifle the very innovation needed for the U.S. to maintain its competitive edge. The goal, therefore, is to strike a delicate balance: to innovate "as open as possible, and as closed as necessary."
Framing the IP, Quantum Technology Theft and Regulatory Challenge:
Before addressing the specific policy questions, Kop set the stage by illustrating the immense complexity of the issue. The "extravagant suite, our Addams family of Quantum technologies," as he colorfully described it, encompasses hundreds of thousands of software and hardware components. These can be protected by a "rainbow of IP rights," where each right, or each color of the rainbow, protects a different aspect of an invention. Innovators can and do use sophisticated IP portfolio strategies to maximize the value and protection of their work.
This complex landscape is further shaped by several dynamic tensions. Kop highlighted the historic pendulum swing between IP overprotection and underprotection, as well as the cycles of open and secret development that characterize transformative technologies. For quantum, he stressed, the central challenge is finding the right balance between mitigating risks and maximizing benefits. Regulating quantum is therefore a delicate balancing act between underregulation and overregulation, where policymakers must strive to minimize the risk of unintended, counterproductive results from any intervention. "Everything you do will have trade-offs," he reminded the audience, setting a pragmatic tone for the discussion that followed.
Answering the Key Roundtable Questions Posed by CNAS:
With this framework as a foundation, Kop addressed the nine pressing questions posed by CNAS, offering nuanced and actionable perspectives:
On International Collaboration: He advocated for open collaboration on beneficial use cases, such as those tackling climate change or disease in line with the UN SDGs, while restricting collaboration on high-risk and military applications.
On U.S. Policy Sufficiency (NSPM-33): Kop began by explaining that National Security Presidential Memorandum 33 (NSPM-33) is a key U.S. government directive aimed at protecting federally funded R&D from foreign interference and theft by standardizing disclosure requirements for researchers. He noted that while NSPM-33 and regulations like the ITAR (International Traffic in Arms Regulations) rightly connect IP to national security, there is a significant risk of counterproductive outcomes from overly broad export controls that could disrupt fragile supply chains for critical materials like Helium-3. He floated the idea of amending the WTO’s TRIPS Agreement to include a national security exception for quantum technology, similar to that for fissionable materials, but stressed the need to quantum-simulate the potential macroeconomic impacts of such a policy before implementation.
On Access to Talent: He cautioned that overly stringent research security measures could have an adverse effect on attracting top global talent. He argued for progressive STEM immigration policies, reinforcing the RQT principle of "safeguarding through advancing" to prevent a "Sputnik moment" in the quantum race.
On Assessing Technology Theft Risk: Kop proposed the creation of dynamic databases to track quantum applications including patents across different domains and market verticals, mentioning the Quantum Technology Anticipator project at the Stanford RQT Center as a model.
On Evaluating Collaboration Risks: He recommended the implementation of quantum dual-use impact assessments, guided by multidisciplinary teams, to rigorously evaluate the risks of specific scientific and commercial partnerships over time.
On China's Efforts: Acknowledging the difficulty of penetrating state and trade secrecy, Kop reiterated that the most robust strategy is to stay ahead of the competition by fostering democratic tech alliances and embedding democratic values into foundational technical standards.
On Current IP Concerns: He explained that IP challenges are not monolithic; they differ significantly across quantum domains (e.g., computing, sensing, networking) and their varying Technology Readiness Levels (TRLs). He also highlighted that the convergence of quantum and AI exacerbates existing risks (just as quantum-AI synergies propel benefits).
On Future IP Challenges: As quantum technologies commercialize, Kop predicted the rise of "winner-takes-all" dynamics, potential monopolies (especially in the capital-intensive hardware sector), and increased IP theft. He distinguished the high barriers to entry for hardware from the more accessible software side, where innovation can still emerge from a "garage."
On an Effective IP Strategy: Kop’s multifaceted recommendation included:
Proactive Encryption: Using quantum-safe cryptography to protect all sensitive information, from state secrets to pre-patent ideas.
Strategic Use of IP Tools: Considering a ban on patenting existential-risk technologies (akin to the atomic bomb) and using patent secrecy orders strategically.
A Pluralistic Innovation Policy: Moving beyond a sole reliance on patents to embrace a mix of IP alternatives, including direct funding, prizes, taxes, and fines, to incentivize sustainable innovation and fair competition.
A Dynamic Discussion Among the CNAS Quantum Roundtable Participants
The formal presentations were followed by a vibrant and engaging discussion, moderated by Dr. Scharre. The expert audience posed a series of great questions and comments, drilling down on the nuances of policy implementation and the geopolitical realities of the quantum race. One particularly insightful comment came from Professor Raymond Laflamme of the University of Waterloo, a renowned quantum pioneer and a co-author and collaborator with Kop on the RQT framework. Professor Laflamme underscored the strategic importance of specific quantum domains by noting that, based on his observations, the Chinese are very interested in Quantum Key Distribution (QKD). This remark highlighted the practical, real-world implications of the roundtable's themes, grounding the high-level policy discussion in concrete grand strategic interests and technological focal points, such as the race for quantum dominance between leading tech-blocks.
Conclusion: A Principled Approach to Quantum Technology Governance
Mauritz Kop concluded his remarks by emphasizing the profound dilemmas and trade-offs inherent in governing quantum technology. The pendulum swings between open and closed innovation, and between mitigating risks and maximizing benefits, require a sophisticated, evidence-based, and adaptive approach.
His participation in the CNAS roundtable provided a crucial, principled voice, advocating for a strategy that is not merely defensive but forward-looking. By grounding the discussion in the RQT framework, he made a compelling case that true security lies in advancing a thriving, competitive, and responsible quantum ecosystem—one that leads the world in innovation while being firmly anchored in democratic values and a commitment to the planetary good. The event highlighted the essential role of deep, interdisciplinary dialogue in shaping a quantum future that is both secure and beneficial for all humankind.