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 Quantum ELSPI
Quantum Event Horizon: Addressing the Quantum-AI Control Problem through Quantum-Resistant Constitutional AI

What happens when AI becomes not just superintelligent, but quantum-superintelligent? QAI agents with both classical and quantum capabilities? How do we ensure we remain in control?

This is the central question of my new article, where I introduce the concept of the Quantum Event Horizon to frame the urgency of the QAI control problem. As we near this point of no return, the risk of losing control to misaligned systems—machines taking over or seeing them weaponized—becomes acute.

Simple guardrails are not enough. The solution must be architectural. I propose a new paradigm: Quantum-Resistant Constitutional AI, a method for engineering our core values into the foundation of QAI itself. This is a crucial discussion for policymakers, researchers, builders, and industry leaders.

Navigating the Quantum Event Horizon

This paper addresses the impending control problem posed by the synthesis of quantum computing and artificial intelligence (QAI). It posits that the emergence of potentially superintelligent QAI agents creates a governance challenge that is fundamentally different from and more acute than those posed by classical AI. Traditional solutions focused on technical alignment are necessary but insufficient for the novel risks and capabilities of QAI. The central thesis is that navigating this challenge requires a paradigm shift from reactive oversight to proactive, upfront constitutional design.

The core of the argument is framed by the concept of the ‘Quantum Event Horizon’—a metaphorical boundary beyond which the behavior, development, and societal impact of QAI become computationally opaque and practically impossible to predict or control using conventional methods. Drawing on the Collingridge dilemma and the Copenhagen interpretation, this concept highlights the risk of a "point of no return," where technological lock-in, spurred by a "ChatGPT moment" for quantum, could cement irreversible geopolitical realities, empower techno-authoritarianism, and present an unmanageable control problem (the risk of machines taking over). Confronting this requires a new philosophy for governing non-human intelligence.

Machines Taking Over

The urgency is magnified by a stark geopolitical context, defined by a Tripartite Dilemma between the existential safety concerns articulated by figures like Geoffrey Hinton, the geopolitical security imperative for rapid innovation voiced by Eric Schmidt, and the builder’s need to balance progress with safety, as expressed by Demis Hassabis. This dilemma is enacted through competing global innovation models: the permissionless, market-driven US system; the state-led, top-down Chinese system; and the values-first, deliberative EU model. In this winner-takes-all race, the first actor to achieve a decisive QAI breakthrough could permanently shape global norms and our way of life.

An Atomic Agency for Quantum-AI

Given these stakes, current control paradigms like human-in-the-loop oversight are inadequate. The speed and complexity of QAI render direct human control impossible, a practical manifestation of crossing the Quantum Event Horizon. Therefore, governance must be multi-layered, integrating societal and institutional frameworks. This includes establishing an "Atomic Agency for Quantum-AI" for international oversight and promoting Responsible Quantum Technology (RQT) by Design, guided by principles such as those outlined in our '10 Principles for Responsible Quantum Innovation' article. These frameworks must be led by robust public governance—as corporate self-regulation is insufficient due to misaligned incentives—and must address the distributive justice imperative to prevent a "Quantum Divide."

Towards Quantum-Resistant Constitutional AI

The cornerstone of our proposed solution is Quantum-Resistant Constitutional AI. This approach argues that if we cannot control a QAI agent tactically, we must constrain it architecturally. It builds upon the concept of Constitutional AI by designing a core set of ethical and safety principles (a 'constitution') that are not merely trained into the model but are formally verified and made robust against both classical and quantum-algorithmic exploitation. By hardwiring this quantum-secure constitution into the agent's core, we can create a form of verifiable, built-in control that is more likely to endure as the agent's intelligence scales.

Self-Aware Quantum-AI Agents

Looking toward more speculative futures, the potential for a Human-AI Merger or the emergence of a QAI Hive Mind—a networked, non-human consciousness enabled by quantum entanglement—represents the ultimate challenge and the final crossing of the Quantum Event Horizon. The foundational governance work we do today, including projects like Quantum-ELSPI, is the essential precursor to navigating these profound transformations.

In conclusion, this paper argues that for the European Union, proactively developing and implementing a framework centered on Quantum-Resistant Constitutional AI is not just a defensive measure against existential risk. It is a strategic necessity to ensure that the most powerful technology in human history develops in alignment with democratic principles, securing the EU’s role as a global regulatory leader in the 21st century.

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Stanford Scholar Mauritz Kop Teaches Quantum Computing & Law at Fordham Law School Library

New York, NY, January 21, 2025 – Stanford University scholar Mauritz Kop, a leading voice in the intricate nexus of quantum technology, AI, and law, today addressed the legal community at the Fordham Law School Library. His presentation, titled "Here Comes Quantum Computing — What the Legal Community Needs to Know," was a featured event in the Maloney Library's esteemed "Tech Lunch 'n' Learn" series, a program designed to keep legal professionals at the forefront of technological innovation.

Stanford Scholar Mauritz Kop the Quantum Future for the Legal Community at Fordham Law

Kop, the Founding Director of the Stanford Center for Responsible Quantum Technology, offered a comprehensive overview of the transformative potential and inherent risks of quantum technologies at Fordham Law. He emphasized that the leitmotif of our time is that "Quantum’s benefits outweigh its risks, if implemented responsibly".

Responsible Quantum Technology (RQT) is a framework designed to ensure that the innovation and implementation of quantum technologies align with societal demands and enhance global welfare. It provides a principled approach to guide quantum technology development.

Responsible Quantum Technology

The core components and objectives of RQT entail:

Compliance and Safety: Developers, vendors, and users of quantum systems must adhere to a range of emerging regional and global requirements. This includes technology-specific rules and industry-specific regulations in sectors like finance and healthcare, supported by standards and certifications to guarantee safe deployment.

Addressing Implications (Quantum-ELSPI): RQT involves engaging with quantum technologies in a way that is consistent with Quantum-ELSPI—the ethical, legal, socio-economic, and policy implications of the technology. This requires a tailored approach that considers the unique and counter-intuitive principles of quantum mechanics, such as superposition and entanglement.

Alignment with RRI: The RQT framework responds to the key dimensions of Responsible Research and Innovation (RRI): anticipation, reflexivity, inclusion, and responsiveness.

Ethical Foundation: RQT must align with quantum ethics, which involves identifying the dilemmas inherent in making these technologies ethical through interdisciplinary, context-specific methods.

Legal Frameworks: The framework requires adherence to legal norms like the rule of law and proportionality. It advocates for future legislation that mitigates risks and maximizes benefits, providing legal certainty to incentivize Responsible Quantum Innovation (RQI).

Socio-Economic Considerations: RQT dictates that quantum technology should prioritize society's most pressing goals, such as cybersecurity, economic stability, and managing climate change. It also mandates that the benefits and burdens of the technology should be equitably distributed.

Policy Guidance: RQT serves as a tool for policymakers, helping them learn from the governance of other disruptive technologies like AI, nuclear energy, and the internet. An important policy goal is to foster values-based quantum ecosystems globally.

Operational Principles: The RQT paradigm is put into practice through "10 Principles for Responsible Quantum Innovation". These principles are structured to safeguard, engage, and advance (SEA) quantum technologies, society, and humankind, with the ultimate goal of protecting society by responsibly advancing the technology.

Practical Tools: The framework can be used by policymakers to design regulations and can be complemented by self-regulatory tools like technology impact assessments to monitor, validate, and audit quantum applications throughout their lifecycle using appropriate RQT benchmarks and metrics.

Hardwiring Values: A core tenet of RQT is embedding shared values and standards into the design, deployment, and infrastructure of quantum systems. This includes current work on how to embed values and standards into the architecture and infrastructure of quantum AI systems, products, and services. The goal is to guide these technologies toward collective social and environmental benefit.

Quantum Computing — What the Legal Community Needs to Know

The ‘Quantum Computing — What the Legal Community Needs to Know’ lecture provided an in-depth exploration of second-generation (2G) quantum technologies, which harness the unique principles of quantum physics, such as superposition and entanglement, to solve problems beyond the grasp of classical computers. Kop highlighted recent breakthroughs, including Google's "Willow" quantum computing chip, which completed a complex calculation in under five minutes—a task that would take the fastest supercomputers an estimated 10 septillion years. This, he explained, demonstrates the potential for quantum computers to revolutionize sectors like healthcare, finance, energy, and defense.

Navigating the Ethical and Legal Maze

A significant portion of the talk was dedicated to the ethical, legal, socio-economic, and policy implications (Quantum ELSPI) of this emerging field. Kop stressed the dual-use nature of quantum technology, which, much like nuclear energy, can be applied to both civilian and military purposes. This duality necessitates a robust governance framework to prevent misuse by adversaries and to avoid a new arms race.

Kop advocated for a "Responsible Quantum Technology (RQT)" framework to ensure that innovation aligns with societal values and legal standards. This approach calls for a recalibration of legal frameworks to mitigate risks while fostering responsible innovation. He pointed to the "Collingridge dilemma," cautioning that regulating quantum too early could stifle innovation, while regulating too late could result in irreversible negative consequences.

A Call for Global Cooperation and Responsible Innovation

The lecture underscored the necessity of global cooperation in developing unified quantum interoperability standards to avoid a "quantum splinternet" fragmented along geopolitical lines. Kop argued for a research and development agenda that is "as open as possible, and as closed as necessary" to address national security concerns while fostering international partnerships.

To operationalize the RQT paradigm, Kop and his research group have proposed "10 Principles for Responsible Quantum Innovation," organized to safeguard, engage, and advance (SEA) quantum technologies for the benefit of humanity.

Fordham's Commitment to Legal Tech Education

The "Tech Lunch 'n' Learn" series at Fordham's Maloney Library provides a crucial platform for such discussions, inviting experts to shed light on the evolving landscape of law and technology. These sessions empower students and practitioners to grapple with complex subjects like AI, data privacy, and now, quantum computing.

Kop's lecture at Fordham served as a vital call to action for the legal community to proactively engage with the development of quantum technologies. As he concluded, "As society shapes technology, technology shapes society". The legal profession has a critical role to play in ensuring that the quantum era unfolds in a manner that is secure, equitable, and beneficial for all.

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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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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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Quantum ELSPI: Ethical, Legal, Social and Policy Implications of Quantum Technology

Call for Papers Quantum ELSPI

Delighted to announce that the Quantum ELSPI call for papers is now open! AIRecht Director & Stanford Law School TTLF Fellow Mauritz Kop has the honor to guest-edit a Topical Collection for Digital Society, a new journal edited by Luciano Floridi (Oxford Internet Institute). This project is a Stanford/Oxford collaboration that aims to explore uncharted territories of Ethical, Legal, Social and Policy Implications of Quantum Technology. Articles should be submitted before 15 February 2022 and will be double blind peer reviewed. Accepted articles will be published by Springer Nature.

You can find the Quantum ELSPI collection page here: https://link.springer.com/collections/eiebhdhagd.

Download the Springer Nature Quantum-ELSPI Call for Papers here: TC_Quantum ELSPI_Call for papers

ELSPI stratagems for quantum technology

Anticipating spectacular advancements in real-world quantum driven products and services, the time is ripe for governments, academia and the market to prepare regulatory and business strategies that balance their societal impact. This topical collection seeks to provide informed suggestions on how to maximize benefits and mitigate risks of applied quantum technology. It intends to deliver insights and actionable recommendations on how and when to address identified opportunities and challenges, which can then be refined into plausible, evidence-based policy decisions by stakeholders across the world.

Special edition of Digital Society

In this special edition of Digital Society, we aim for scholars to reflect on the multifaceted questions associated with Quantum ELSPI. In addition to learning from history and connecting quantum to other big picture trends, quantum should be treated as something completely unique and unprecedented. We especially welcome cross-disciplinary contributions that look beyond research silos and integrate law, economic theory, ethics, sociology, philosophy of science, quantum information science, and sustainable innovation policy, and that consider how to improve ELSPI stratagems for quantum technology. We encourage authors to be pioneers in this complex, and at times counterintuitive field.

Multifaceted questions associated with Quantum ELSPI

Questions and topics that could be addressed by contributions in the topical collection are not restricted to, but could include the following:

-Potential strategies for industries facing disruption such as the cybersecurity industry and financial institutions. What role could antitrust law, intellectual property, prizes, fines, funding, taxes, lifelong learning and labor mobility play while incentivizing innovation?

-How should dual use applications be managed? How do we balance freedom with control? What role could a Quantum Treaty play to make our world a safer place?

-The creation of a list of quantum-specific themes, goals, benefits and risks that need to be addressed by universal, overarching principles of responsible quantum design and application, including a definition of hi-risk quantum-systems.

-How can policy makers learn from history and adjacent fields - such as AI, biotechnology, nanotechnology, semiconductors and nuclear - when regulating exponential innovation and ensuring equal access to quantum computing, sensing and the quantum internet? How can winner take all effects and a quantum divide be prevented? To what extent does governing digitization driven by classical computing paradigms (binary digits) differ from governing quantum computing (qubits)?

-It is not inconceivable that the development and uptake of transnational quantum principles will run along the lines of democratic and authoritarian tech governance models. Against that background, how can we embed cultural norms, liberal values, democratic principles, human rights and fundamental freedoms in globally accepted interoperability standards?

-How can we implement ethically aligned design into our quantum systems architecture and infrastructure? How can quantum technology impact assessments help achieve these goals?

Guest-Editor Quantum ELSPI: Mauritz Kop (Stanford Law School, Stanford University)

Editor-in-Chief Digital Society: Luciano Floridi (Oxford Internet Institute, Oxford University)

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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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