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 in Artificial Intelligence
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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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 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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EU Artificial Intelligence Act: The European Approach to AI

Stanford - Vienna Transatlantic Technology Law Forum, Transatlantic Antitrust and IPR Developments, Stanford University, Issue No. 2/2021

New Stanford tech policy research: “EU Artificial Intelligence Act: The European Approach to AI”.

Download the article here: Kop_EU AI Act: The European Approach to AI

EU regulatory framework for AI

On 21 April 2021, the European Commission presented the Artificial Intelligence Act. This Stanford Law School contribution lists the main points of the proposed regulatory framework for AI.

The Act seeks to codify the high standards of the EU trustworthy AI paradigm, which requires AI to be legally, ethically and technically robust, while respecting democratic values, human rights and the rule of law. The draft regulation sets out core horizontal rules for the development, commodification and use of AI-driven products, services and systems within the territory of the EU, that apply to all industries.

Legal sandboxes fostering innovation

The EC aims to prevent the rules from stifling innovation and hindering the creation of a flourishing AI ecosystem in Europe. This is ensured by introducing various flexibilities, including the application of legal sandboxes that afford breathing room to AI developers.

Sophisticated ‘product safety regime’

The EU AI Act introduces a sophisticated ‘product safety framework’ constructed around a set of 4 risk categories. It imposes requirements for market entrance and certification of High-Risk AI Systems through a mandatory CE-marking procedure. To ensure equitable outcomes, this pre-market conformity regime also applies to machine learning training, testing and validation datasets.

Pyramid of criticality

The AI Act draft combines a risk-based approach based on the pyramid of criticality, with a modern, layered enforcement mechanism. This means, among other things, that a lighter legal regime applies to AI applications with a negligible risk, and that applications with an unacceptable risk are banned. Stricter regulations apply as risk increases.

Enforcement at both Union and Member State level

The draft regulation provides for the installation of a new enforcement body at Union level: the European Artificial Intelligence Board (EAIB). At Member State level, the EAIB will be flanked by national supervisors, similar to the GDPR’s oversight mechanism. Fines for violation of the rules can be up to 6% of global turnover, or 30 million euros for private entities.

CE-marking for High-Risk AI Systems

In line with my recommendations, Article 49 of the Act requires high-risk AI and data-driven systems, products and services to comply with EU benchmarks, including safety and compliance assessments. This is crucial because it requires AI infused products and services to meet the high technical, legal and ethical standards that reflect the core values of trustworthy AI. Only then will they receive a CE marking that allows them to enter the European markets. This pre-market conformity mechanism works in the same manner as the existing CE marking: as safety certification for products traded in the European Economic Area (EEA).

Trustworthy AI by Design: ex ante and life-cycle auditing

Responsible, trustworthy AI by design requires awareness from all parties involved, from the first line of code. Indispensable tools to facilitate this awareness process are AI impact and conformity assessments, best practices, technology roadmaps and codes of conduct. These tools are executed by inclusive, multidisciplinary teams, that use them to monitor, validate and benchmark AI systems. It will all come down to ex ante and life-cycle auditing.

The new European rules will forever change the way AI is formed. Pursuing trustworthy AI by design seems like a sensible strategy, wherever you are in the world.

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Cyber Week 2021 Tel Aviv University Israel

AIRecht Director Mauritz Kop will speak at Cyber Week 2021 Tel Aviv University Israel, and participate in the Panel 'Debating Collective Cyber Defense for Democracies'. He will present his Stanford essay ‘Democratic Countries Should Form a Strategic Tech Alliance’ on July 22nd at 20:00 Israel time, see: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3814409

Cyber Week 2021 hosts a range of distinguished speakers from across the globe, including the Prime Minister of Israel Naftali Bennett, see: https://cw2021.b2b-wizard.com/expo/speakers

Debating Collective Cyber Defense for Democracies

Line-up and speakers of the ‘Debating Collective Cyber Defense for Democracies’ panel (notice the strong Dutch@Stanford representation):

Keynote: Ambassador Heli Tiirmaa-Klaar, Ambassador-at-Large for Cyber Diplomacy at the Estonian Ministry of Foreign Affairs

Lectures by:

Prof. Chris Demchak, Strategic and Operational Research Department, U.S. Naval War College

Dr. Lior Tabansky, Ph.D., (Moderator), Head of Research Development, Blavatnik Interdisciplinary Cyber Research Center, Tel Aviv University

Mauritz Kop, Stanford Law School TTLF Fellow, Founder of MusicaJuridica, and Strategic Intellectual Property Lawyer at AIRecht

Marietje Schaake, International Policy Director at the Cyber Policy Center; International Policy Fellow at the Institute for Human-Centered Artificial Intelligence, Stanford University

See the complete agenda at: https://cw2021.b2b-wizard.com/expo/agenda

Democratic Countries Should Form a Strategic Tech Alliance

Kop’s essay titled ‘Democratic Countries Should Form a Strategic Tech Alliance’ concludes that to prevent authoritarianism from gaining ground, democratic governments should do four things: (1) inaugurate a Strategic Tech Alliance, (2) set worldwide core rules, interoperability & conformity standards for key 4IR technologies such as AI, quantum, 6G and Virtual Reality (VR), (3) win the race for 4IR technology supremacy, and (4) actively embed our common democratic norms, principles and values into the architecture and infrastructure of our technology.

REGISTER for the conference following the link: https://cw2021.b2b-wizard.com/expo/home

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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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Mauritz Kop keynote speaker at Quantum Delta | ECP event: Quantum unravelled

On April 22, 2021, ECP Platform for the Information Society and the Quantum Delta NL Living Lab Quantum and Society are hosting a webinar on quantum technology. You can sign up here: https://ecp.nl/agenda/ecp-deelnemersspecial-quantumtechnologie-ontrafeld-hoe-nu-verder/

ECP and Living Lab Quantum and Society are organizing the second webinar on quantum technology. Whereas last time it was about what exactly quantum technology is, on April 22 we glance into the future. For what concrete applications is quantum suitable? How is the technology interwoven with other technologies? And what about the ethical, legal and social aspects of quantum technology? This is what speakers from ECP, Living Lab Quantum and Society, IBM, TNO and Stanford Law School will discuss.

Mauritz Kop will discuss Ethical and Legal issues of Quantum Technology

Mauritz Kop is a Stanford Law School TTLF Fellow, Director of MusicaJuridica and strategic intellectual property lawyer at AIRecht, a leading 4th Industrial Revolution technology consulting firm based in Amsterdam. His work on the regulation of AI, machine learning training data and quantum technology has been published at both Stanford, Harvard and Yale. Mauritz is a member of the European AI Alliance (European Commission), the Copyright Association (VvA), CLAIRE, the Dutch AI Coalition (NL AIC) and ECP.

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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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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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