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.

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Mauritz Kop gives Quantum Governance Seminar at Think Tank CIGI, the Centre for International Governance Innovation

Honoured to give a Quantum Governance seminar this Monday at the Centre for International Governance Innovation (CIGI), a leading non-partisan think tank based in Waterloo. We’ll address a critical question: Are our governance frameworks ready for Quantum-AI? https://www.cigionline.org/events/responsible-quantum-ai-governance-from-ethical-principles-to-global-frameworks/

We are approaching a metaphorical ‘Quantum Event Horizon’—an inflection point, or quantum governance ‘tipping point’ beyond which our ability to steer advanced quantum technology and AI towards beneficial societal outcomes, may be lost. In a geopolitical context defined by a winner-takes-all race for the keys to the world’s operating system, the stakes could not be higher. This issue is at the heart of CIGI’s project on the guidance of emerging dual-use technologies.

Responsible Quantum AI Governance: From Ethical Principles to Global Frameworks

My lecture, titled ‘Responsible Quantum AI Governance: From Ethical Principles to Global Frameworks’ explores why traditional governance and quantum diplomacy are not enough to address systemic rivalry and human-machine control problems. Instead, it requires planetary-level thinking and a fundamental shift from reactive oversight to novel paradigms of architectural control. The work builds on ideas we first explored in 'Ethics in the Quantum Age' (Physics World) and 'Establishing a Legal-Ethical Framework for Quantum Technology' (Yale Journal of Law & Technology).

Multi-layered governance strategy

I will make the case for a multi-layered governance strategy. In addition to hardwiring universal values into the technology itself via Quantum-Resistant Constitutional AI, we need robust global legal frameworks and oversight bodies ensuring non-proliferation of dual-use quantum-AI technologies via safeguards implementation (inspired by nuclear governance), including the creation of an 'Atomic Agency for Quantum-AI' and a new international treaty to constitute a ‘Quantum Acquis Planétaire’, or 'Global Quantum Acquis'. This dual approach is grounded in the principles of responsible quantum innovation we've outlined in recent publications with Nature, Harvard Law, Stanford Law, and the Institute of Physics.

I will conclude my talk with emphasizing that building a safe and equitable quantum future requires unprecedented international collaboration, drawing inspiration from successful large-scale scientific cooperation models like CERN and ITER. Now is the critical window for the international community to design and build these innovative governance structures, steering the immense power of quantum science towards beneficial outcomes for all of humanity.

We hope you can join what promises to be a vital discussion.

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2nd Annual Stanford Responsible Quantum Technology Conference: Summary of Core Themes and Selected Highlights

The 2nd annual Stanford Responsible Quantum Technology Conference convened by the Stanford Center for Responsible Quantum Technology and expertly orchestrated by its Executive Director Mauritz Kop, provided a broad overview of the latest developments in quantum technology, with a focus on quantum simulation. It brought together a diverse and interdisciplinary group of experts from the US and Europe – united in their interest in responsible development and use of second-generation quantum technologies – to discuss innovations, challenges, and future directions in this emerging space. The conference included both in-depth presentations and far-ranging panel discussions, with artistic and musical performances interspersed as alternative spaces of approximation and exploration.

The following write-up by Constanze Albrecht does not aim to offer a comprehensive overview of the wealth of perspectives and insights shared at the conference. Instead, it introduces some of the conference’s core themes by summarizing some of the anchor presentations and is intended as an invitation to readers to dive deeper into the conference materials and videos posted online.

Technological Advancements and Market Dynamics

One of the standout presentations was “Project Quantum Leap: Quantum Computing Innovation—Patenting Trends Innovation & Policy Implications” by Mateo Aboy. This presentation offered an in-depth empirical study of the intellectual property landscape in quantum computing. He emphasized the necessity of evidence-based IP studies to inform policy and innovation governance in this rapidly evolving field. Aboy revealed significant growth in quantum computing patents over the past two decades, particularly noting an uptick since 2014, with patents mainly focuses on physical realizations, quantum circuits, error correction, and quantum algorithms. This surge reflects the increased involvement of diverse entities, including universities, startups, and established corporations.

The presentation further highlighted the critical role of international harmonization in patent laws and the importance of public disclosures in advancing technology. Mateo Aboy also explored the state-of-the-art applications of quantum computing in healthcare, emphasizing its potential to revolutionize both fundamental and clinical research despite being in its early stages. He concluded with a call for a balanced regulatory approach that promotes technological advancement while safeguarding against potential risks, underscoring the need for proactive policy measures.

Quantum Use Cases in Healthcare and Life Sciences

In this context, a fascinating panel discussion moderated by Hank Greely offered a deep dive into the applications and use cases of quantum technology in the health and life sciences. Mateo Aboy, Glenn Cohen, Timo Minssen and Victoria Ward examined the transformative potential of quantum computing, sensing, and simulation in enhancing diagnostic tools, personalizing treatment plans, and accelerating drug discovery processes. The discussions also addressed market dynamics, highlighting the competitive landscape and the strategic positioning of key players in the quantum technology market. The panelists underscored the importance of fostering a robust innovation ecosystem that supports the growth of startups and encourages collaboration between academia, industry, and government bodies.

Providing insight into the technical aspects of quantum technology innovation, Mark Brongersma, Professor in the Department of Materials Science and Engineering at Stanford University, presented cutting-edge research at the intersection of materials science and quantum technology. His presentation focused on developing and analyzing nanostructured materials for nanoscale electronic and photonic devices. Key research topics included nanophotonics, which enhances light manipulation at the subwavelength scale, and microcavity resonators, which confine light to boost light-matter interactions. This pioneering work paves the way for future innovations that could revolutionize current sensing and simulation technologies.

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Mauritz Kop Keynote Speaker at Quantum Governance Workshop at Arizona State University's Sandra Day O'Connor College of Law

Phoenix, Arizona—On May 15, 2024, the Center for Law, Science & Innovation at Arizona State University's Sandra Day O'Connor College of Law hosted a timely Workshop on Quantum Governance, bringing together a diverse group of experts to chart a course for the responsible development of quantum technologies. Mauritz Kop, Founding Director of the Stanford Center for Responsible Quantum Technology, delivered the keynote address, setting the tone for a day of critical and forward-looking discussions.

Hosted at ASU's Beus Center for Law and Society in beautiful Phoenix, the workshop provided an ideal academic setting for this crucial conversation. ASU's Sandra Day O'Connor College of Law is renowned for its focus on the intersection of law, science, and innovation, making it a natural hub for exploring thecomplex governance challenges presented by quantum's second revolution.

Kop's Keynote: Towards Responsible Quantum Technology Governance

In his keynote address, Mauritz Kop presented a comprehensive vision for establishing robust governance frameworks before quantum technology becomes widely integrated into society. He argued that the world must proactively prevent the missteps seen in the governance of previous transformative technologies like artificial intelligence, genetics, and nuclear power.

Kop's talk, "Towards Responsible Quantum Technology Governance," articulated the profound dual-use nature of the field. He detailed the immense potential benefits, from enhancing medical imaging and accelerating drug discovery to mitigating climate change and improving macroeconomic policy-making. Simultaneously, he outlined the significant risks, including the "Q-Day" threat to global cybersecurity, the potential for a new quantum arms race, and the dangers of misuse by authoritarian regimes for mass surveillance.

Learning from AI, Biosciences, and Nanotech

A core theme of the workshop, championed by host Professor Gary Marchant, was the importance of drawing lessons from the governance of prior technological waves. Professor Marchant, a leading scholar in the governance of emerging technologies, and other speakers presented valuable analyses of the successes and failures in regulating fields like biotechnology, nanotechnology, and AI.

A Synergy of Interdisciplinary Expertise

The workshop's strength lay in its rich diversity of speakers. The agenda featured experts from law, computer science, government, and industry, ensuring a holistic and multifaceted discussion. Presentations from Kaniah Konkoly-Thege of Quantinuum on regulatory developments, Jeffery Atik of Loyola Law School on antitrust implications, Royal "Aubrey" Davis of the United States Air Force Academy on historical approaches to transformative technologies, and Megan Wagner & Sarah Wastek from Sandra Day O’Connor College of Law on Governance Lessons from Nanotechnology, among others, created a vibrant intellectual exchange. This collaborative environment is essential for developing governance solutions that are not only technically sound but also legally robust and ethically grounded.

A Lasting Contribution: The Workshop Paper

A significant outcome of this collaborative event is the group-authored paper, "Learning From Emerging Technology Governance for Guiding Quantum Technology," which is available on SSRN here: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4923230. The paper synthesizes the insights and discussions from the workshop, providing a comprehensive roadmap for policymakers, industry leaders, and researchers. It serves as a durable and influential contribution to the global dialogue on quantum governance, outlining actionable strategies for fostering innovation while ensuring safety, equity, and accountability.

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Mauritz Kop Judge at 6th Annual Junior Faculty Forum for Law and STEM at Stanford

On October 27, 2023, Stanford Law School hosted the 6th Annual Junior Faculty Forum for Law and STEM, a premier event organized and hosted by Professor Mark Lemley that convenes the next generation of leading legal scholars to present and refine their cutting-edge research. The forum, which rotates between Stanford, the University of Pennsylvania, and Northwestern University, provides a vital platform for interdisciplinary dialogue on the complex legal challenges posed by rapid scientific and technological advancement. Mauritz Kop, a recognized expert in technology law and governance, had the honor of serving as a judge and commentator, contributing to the rigorous intellectual exchange that defines the event.

The forum's mission is to foster the development of early-career academics by providing a supportive yet critical environment for them to receive feedback from senior scholars in their fields. Over two days, junior faculty presented works-in-progress on a diverse array of topics, from the metaverse and quantum computing to medical device regulation and genome governance, showcasing the breadth and depth of contemporary law and STEM scholarship.

The Call for Papers: Fostering Interdisciplinary Law & Technology Scholarship

The selection of presenters for the forum is a rigorous process, initiated by a formal Call for Papers issued by the organizing universities: Northwestern, the University of Pennsylvania, and Stanford Law School. The call invites junior faculty from any discipline to submit papers on any topic related to the intersection of law and STEM. The goal is to promote interdisciplinary research that explores how developments in STEM are affecting law and vice versa, with a preference for papers that strongly integrate these two fields.

A Rich Tapestry of Emerging Legal Questions

The agenda for the 2023 forum was a testament to the pressing legal and ethical questions emerging from the frontiers of science and technology. The papers presented offered a glimpse into the future of legal scholarship and the complex societal issues that lawmakers, judges, and regulators will face in the coming years.

Among the thought-provoking works discussed were:

  1. "Taxing the Metaverse" by Christine Kim (Cardozo School of Law): This paper tackles the novel challenge of how to apply principles of taxation to the burgeoning virtual economy. Kim argues that economic activity within the metaverse satisfies traditional definitions of income and that failing to tax it would create a new kind of tax haven. The paper explores how the metaverse could serve as a laboratory for modernizing the tax system, potentially overcoming the traditional realization requirement.

  2. "Regulating Medical Device Innovation" by George Horvath (University of Akron School of Law): Horvath reframes the debate around medical device safety, moving beyond the narrow concept of "predicate creep" in the 510(k) clearance process to a broader analysis of "device creep." He makes the counterintuitive argument that properly structured safety regulations can stimulate, rather than stifle, innovation by building a more robust clinical knowledge base.

  3. "Who Owns Children's DNA?" by Nila Bala (UC Davis School of Law): This article addresses the critical and underexplored issue of parental control over children's genetic information. Bala argues that parental consent is an insufficient safeguard against the collection and use of a child's DNA by law enforcement, particularly in the context of direct-to-consumer genetic testing. She proposes moving from a framework of parents-as-owners to parents-as-fiduciaries, drawing on property law principles to protect the child's long-term interests.

  4. "Gene Stewards: Rethinking Genome Governance" by Shelly Simana (Stanford Law School): Simana confronts the exploitative practices of entities that collect and use human genetic material. She proposes a new statutory category of "Gene Stewards," which would impose quasi-fiduciary duties of loyalty and care on these powerful public and private entities, ensuring they act as responsible stewards of this sensitive information.

Reviewing "Privacy in the Quantum Age"

As part of his role, Mauritz Kop, alongside Professor Christopher Yoo of the University of Pennsylvania, served as a commentator for the paper "Privacy in the Quantum Age" by Anat Lior (Yale Law School). Lior's paper addresses the profound privacy implications of quantum computing, particularly its potential to break current encryption standards.

In his review, Kop commended Lior for her courage in tackling such a complex and deeply interdisciplinary subject. He emphasized the need for legal scholars entering this domain to achieve a high level of "quantum literacy" to engage credibly with both the technology's promise and its perils. He offered several pieces of constructive feedback aimed at strengthening the paper's impact and scholarly contribution.

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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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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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Scarcity, Regulation, and the Abundance Society Roundtable at Stanford Law

In 2022, Mauritz Kop had the honor of contributing a chapter to the book project "Scarcity, Regulation, and the Abundance Society," a special volume of Frontiers in Research edited by two leading minds in technology law, Professor Mark Lemley of Stanford Law School and Professor Deven Desai of Georgia Institute of Technology. The project culminates years of research and dialogue, including a memorable and insightful roundtable held at Stanford Law School.

The central inquiry of the project is to explore how our legal and economic institutions, which are fundamentally built on scarcity, should respond as "technologies of abundance" make scarcity a thing of the past in many industries. As new technologies like AI, 3D printing, and synthetic biology democratize and disrupt production, the book examines whether we will try to legally replicate scarcity or reorder our society to focus on things other than scarcity.

The "Abundance and Equality" Chapter Edited by Mark Lemley

His chapter, titled "Abundance and Equality," was edited by Mark Lemley and connects the concepts of good governance and the end of scarcity by unifying equality with technology-driven abundance. The piece introduces the Equal Relative Abundance (ERA) principle—a post-Rawlsian framework for distributive justice designed for an age of abundance.

The ERA principle builds on John Rawls's "difference principle" but integrates desert-based critique, arguing that unequal rewards for contributions (due to hard work, talent, or entrepreneurial spirit) are justified only to the extent that they also improve the position of the least advantaged members of society. The chapter examines how ten key exponential technologies of the Fourth Industrial Revolution—including AI, quantum technology, and biotechnology—are the primary drivers of this shift from scarcity to abundance. It critically analyzes our existing scarcity-based institutions, particularly property and intellectual property law, and posits that we must begin experimenting with hybrid systems that mix the best of forward-thinking socialist and ethical post-capitalist paradigms, built on a foundation of participatory democracy.

Mauritz Kop Presents Book Chapter at 2022 Stanford Law’s Abundance Roundtable

On April 22, 2022, the project's contributors gathered for a roundtable workshop at Stanford Law School. The event provided a forum for a deeply interdisciplinary group of scholars to present their work and engage in a robust dialogue about the future of our society. The format consisted of short 8-10 minute presentations followed by 20 minutes of discussion, fostering a rich exchange of ideas.

A Convergence of Post-Scarcity Presentations and Discussions

During his session, Kop presented the core arguments from his "Abundance and Equality" chapter, outlining the tension between technology-driven abundance and the persistent reality of inequality for many across the globe. He introduced the ERA principle as a moral and political guide for distributing the benefits and burdens of our increasingly abundant future.

The roundtable featured a breadth of perspectives. Vivek Wadhwa discussed solving humanity's grand challenges, while Funmi Arewa explored the scarcity of opportunity within the digital economy. Zahr Said and Joshua Fairfield tackled the creation of artificial scarcity through intellectual property and the legal status of virtual property in the age of NFTs, respectively. Shane Greenstein of Harvard Business School offered insights on supply chains and the platformization of clothing personalization. This convergence of ideas underscored the complexity of the transition ahead and the need for holistic solutions.

Musical Interlude: A Spontaneous Translation of Ideas

The roundtable was a stimulating intellectual affair, filled with rigorous debate. During lunch break, celebrating the occasion, Mauritz Kop sat down at the piano in the Stanford Faculty Lounge and performed a brief impromptu musical interlude. It was a personal endeavour to translate the abstract and often-dense themes of our discussion—the post-scarcity economy, abundance, equality, and the human condition—into the universal language of music. It was an opportunity for him to share that moment with his colleagues, connecting the analytical with the artistic.

The "Scarcity, Regulation, and the Abundance Society" project is a vital and timely undertaking. The discussions at the Stanford roundtable and the resulting publications provide a critical foundation for reimagining our legal, economic, and social institutions for a new era. These forward-looking conversations are essential for ensuring that the future of technological abundance is one that fosters not new forms of inequality, but greater justice and human flourishing for all.

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Suzan Slijpen Conference Speaker at the National University of Ireland

Legal Aspects of AI in Healthcare

On 16 August 2019, Suzan Slijpen LL.M. had the honour to speak about the legal aspects of the development and use of artificial intelligence (a disruptive technology) in healthcare, at the AI in Medicine Conference organized by the Irish Association of Physicists in Medicine (IAPM). The conference took place in Galway, at the National University of Ireland (School of Physics, NUI Galway/ OÉ Gaillimh). Suzan is a senior legal consultant at AIRecht.nl, and specializes in eHealth & medical devices, pharmaceutical law, European food law and contract law, from an AI helicopterview. She is also founder and lawyer at boutique law office Slijpen Legal.

Key topics of the Artificial Intelligence in Medicine lecture

Key legal topics that Suzan addressed in her Artificial Intelligence in Medicine lecture:

1. AI & Robotics: Disruptive Technologies: Synergetic effects of 4th Industrial Revolution technologies like robotics, big data, quantum computing, Blockchain, Virtual Reality (VR) and Internet of Things (IoT).

2. eHealth and medical devices: legal classification.

3. Fundamental Rights: Safeguarding of Fundamental Rights in AI applications, Rights of Patients.

4. Ethics and responsible AI: 1791 French Revolution Values, HLEG Concept of Trustworthy AI.

5. Intellectual Property on AI and Health Apps: Licensing your IP.

6. Liability for damages caused by smart robots: who is liable for misdiagnosis by an AI algorithm?

7. Legislation and Jurisprudence.

8. AI Impact Assessment: remove roadblocks for AI.

Legislation and regulations regarding AI in Healthcare

Do you want to know more about legislation and regulations regarding AI in Healthcare, or Legal aspects of disruptive tech in Medicine? Or do you want to organize a workshop or conference yourself and invite us as a speaker or teacher? Then please contact us about the possibilities!

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