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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IOP Quantum Science and Technology publishes Ten Principles for Responsible Quantum Innovation

Stanford, April 22, 2024—The leading peer-reviewed journal Quantum Science and Technology has published the open-access article, "Ten Principles for Responsible Quantum Innovation," a significant paper that offers actionable guidance for the ethical development of quantum technologies. The publication is the result of a two-year, deeply interdisciplinary study by a transatlantic group of leading scholars and represents a major step forward in operationalizing a framework for responsible quantum innovation.

This work builds upon the foundational research of the group, including the "Towards Responsible Quantum Technology" paper published by the Harvard Berkman Klein Center, and will be central to the mission of the Stanford Center for Responsible Quantum Technology.

A Global, Interdisciplinary Collaboration

The paper is a testament to the power of global, interdisciplinary collaboration. Authored by a spectacular team of leading lights in law, philosophy & ethics, socioeconomics, data science, quantum physics, materials science & engineering, and innovation policy, the study brings together a wealth of expertise from the world's most prestigious academic institutions.

The author group, led by Mauritz Kop of Stanford University, includes Mateo Aboy (University of Cambridge), Eline De Jong (University of Amsterdam), Urs Gasser (Technical University of Munich), Timo Minssen (University of Copenhagen), I. Glenn Cohen (Harvard University), Mark Brongersma (Stanford University), Teresa Quintel (Maastricht University), Luciano Floridi (University of Oxford and Yale University), and Raymond Laflamme (University of Waterloo). This formidable team provides a holistic and robust foundation for the quantum governance principles outlined in the paper.

A Framework for Responsible Quantum Innovation

The paper's central contribution is a set of ten guiding principles designed to operationalize a framework for Responsible Quantum Technology (RQT). This framework seeks to integrate considerations of the Ethical, Legal, Social, and Policy Implications (ELSPI) of quantum technologies directly into the research and development lifecycle, while also responding to the core dimensions of Responsible Research and Innovation (RRI): anticipation, inclusion, reflection, and responsiveness.

The principles are organized into three functional categories, termed the SEA framework, which provides a methodological guide for the quantum community:

  • Safeguarding: This pillar focuses on the proactive identification and mitigation of risks associated with quantum technologies.

  • Engaging: This principle emphasizes the critical need for inclusive and continuous dialogue among all stakeholders, from researchers and industry to policymakers and the public.

  • Advancing: This pillar is dedicated to ensuring that quantum technology is actively steered towards desirable societal outcomes and contributes to addressing the world's most pressing challenges.

The Ten Principles for Responsible Quantum Innovation

The Ten Principles paper proposes the following ten actionable principles to help address the risks, challenges, and opportunities associated with the entire suite of second-generation quantum technologies:

  1. Information Security: Make information security an integral part of QT, proactively addressing security threats, including the risk quantum computers pose to current encryption standards.

  2. Dual Use: Proactively anticipate the malicious use of quantum applications by addressing the risks of dual-use technologies that can be employed for both beneficial and harmful purposes.

  3. Quantum Race: Seek international collaboration based on shared values to address the winner-takes-all dynamics of a potential quantum arms race.

  4. Quantum Gap: Consider our planet as the sociotechnical environment in which QT should function, engaging states to ensure equitable access and prevent a "quantum divide."

  5. Intellectual Property: Incentivize innovation while being as open as possible and as closed as necessary, engaging institutions to find the right balance between protecting intellectual property and fostering an open research environment.

  6. Inclusion: Pursue diverse R&D communities in terms of disciplines and people, engaging a wide range of voices to ensure a holistic approach to innovation.

  7. Societal Relevance: Link quantum R&D explicitly to desirable societal goals, advancing society by focusing on applications that address pressing needs.

  8. Complementary Innovation: Actively stimulate sustainable, cross-disciplinary innovation, advancing technology by exploring synergies with other fields like AI and biotechnology.

  9. Responsibility: Create an ecosystem to learn about the possible uses and consequences of QT applications, advancing our understanding of Responsible QT through continuous feedback and assessment.

  10. Education and Dialogue: Facilitate dialogues with stakeholders to better envision possible quantum futures, advancing our collective thinking and education about QT and its impact.

A Catalyst for a Values-Based Quantum Future

The overarching objective of this interdisciplinary effort is to steer the development and use of quantum technology in a direction that is not only consistent with a values-based society but also actively contributes to solving its most significant challenges. The "Ten Principles for Responsible Quantum Innovation" provides a crucial foundation for this work.

The paper is a call to action for the entire quantum community—researchers, industry leaders, policymakers, and the public—to engage in the vital work of building a responsible quantum ecosystem. As the authors conclude, the goal is to develop and operationalize these guiding principles into the best practices and real-world applications that will define the quantum future. The annual Stanford RQT Conference, among other initiatives, will continue to provide a forum for these critical, interdisciplinary discussions.

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Towards Responsible Quantum Technology published by Harvard Berkman Klein Center for Internet & Society

Boston, MA, March 21, 2023—In a landmark contribution to the global dialogue on technology governance, the Harvard Berkman Klein Center for Internet & Society has published the foundational article, "Towards Responsible Quantum Technology." This significant work, the result of a deeply interdisciplinary and transatlantic collaboration, lays out a comprehensive conceptual framework for steering the development of quantum technologies (QT) in a direction that is safe, ethical, and aligned with democratic values.

The manuscript, which was also published in the Hastings Science & Technology Law Journal by the University of California, College of the Law, San Francisco, and in the University of Cambridge repository -with preprints at Stanford Law, ArxiV and the European Commission’s Futurium website- represents a concerted effort to get ahead of the regulatory curve. It argues for a proactive, principled approach to governance while the technology is still malleable, learning from the often-reactive postures taken with previous technological waves like AI and the internet.

A Transatlantic Constellation of Scholars

The paper is authored by a distinguished group of international scholars led by Mauritz Kop, Visiting ‘Quantum & Law’ Scholar at Stanford and the imminent Founding Director of the Stanford Center for Responsible Quantum Technology. The team represents a formidable convergence of expertise from the world's leading academic institutions, including Stanford, Harvard, Oxford, Yale, Cambridge, the University of Waterloo, and the Universities of Munich, Amsterdam, Maastricht, and Copenhagen.

This collaboration brought together leading lights in law, data science, theoretical quantum physics, philosophy and ethics, socioeconomics, materials science and engineering, and innovation policy. The author group includes Mateo Aboy, Eline De Jong, Urs Gasser, I. Glenn Cohen, Timo Minssen, Teresa Quintel, Mark Brongersma, Luciano Floridi, and Raymond Laflamme, whose collective insights provide a holistic and robust foundation for the proposed framework.

The RQT Framework: Integrating Quantum-ELSPI and RRI

At the heart of the paper is the conceptual framework for Responsible Quantum Technology (RQT). This framework is designed to systematically integrate considerations of the Ethical, Legal, Social, and Policy Implications (ELSPI) of quantum technologies directly into the research and development lifecycle.

The RQT framework is built upon the established dimensions of Responsible Research and Innovation (RRI)—anticipation, inclusion, reflection, and responsiveness. By merging these two approaches, Quantum-ELSPI and RRI, the authors have created a powerful tool for ensuring that the development of quantum is not driven solely by technical or commercial imperatives, but by a deep and abiding commitment to societal well-being.

Operationalizing Responsible Quantum Technology: The 10 Principles and Future Regulation

The "Towards Responsible Quantum Technology" paper is the first in a series of studies designed to build a comprehensive governance architecture. It lays the conceptual groundwork that is further operationalized in a subsequent study led by Kop, the "10 Principles for Responsible Quantum Innovation." This second paper translates the high-level SEA framework into concrete, actionable principles for real-world application.

Ultimately, the RQT framework is intended to inform the emergent regulatory landscape for quantum technology. The authors provide an outlook on how regulatory interventions can be designed and contextualized to be effective without stifling innovation. By tailoring governance to the exceptional nature of quantum, the goal is to reduce the risk of unintended, counterproductive policy effects and to foster a thriving, responsible, and values-based quantum ecosystem. The paper concludes with a call to action for the research community and other stakeholders to build upon this foundational work, to further develop the guiding principles, and to translate them into the best practices that will define the quantum future.

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Mauritz Kop Visiting Quantum & Law Scholar at Stanford Law School

Mauritz Kop is Visiting Quantum & Law Scholar at Stanford Law School in 2022-2023. Kop was invited by Prof. Mark Lemley, the William H. Neukom Professor of Law at Stanford Law School and the Director of the Stanford Program in Law, Science and Technology.

Advanced legal research on Regulating Quantum technology at Stanford Law School

This Stanford Law School ‘Regulating Quantum Technology’ research project will perform a detailed study of how to sensibly regulate the suite of quantum technologies including computing, sensing and networking, unifying the world of the large with that of the small. It intends to answer questions on how our innovation architecture should be constructed, so that benefits of quantum computing, sensing, simulation, and communication -including quantum-AI hybrids- will be distributed equitably, and risks proportionally addressed. Building upon foundational work done on quantum and AI innovation policy mechanisms, national security strategy, standardization & certification, ethics, responsible quantum R&D, governance principles, technology impact assessments, data ownership and intellectual property in quantum software and hardware structures - published in flagship Journals at Stanford, Harvard, Yale, Berkeley, Physics World, Max Planck, Springer Nature, and Oxford - the transdisciplinary research aims to develop an integrated, holistic vision on smart governance and regulation of quantum & AI infused digital transformation.

Happy to speak at a number of in person events in the nexus of AI, Quantum & Law in the coming weeks:

Scarcity, Regulation and the Abundance Society Roundtable at Stanford

1. April 22, Scarcity, Regulation and the Abundance Society Roundtable at Stanford, where I will present a chapter titled ‘Abundance & Equality’ for the book project co-edited by Mark Lemley and Deven Desai. The chapter connects good governance to the end of scarcity and unifies equality with technology driven abundance, by introducing a novel Post-Rawlsian Equal Relative Abundance (ERA) principle of distributive justice. As befits tradition, we will insert musical interludes for piano, with me performing ‘Stanford Theme & Variations’ à l'improviste in the Stanford Law School Faculty Lounge. https://law.stanford.edu/publications/scarcity-regulation-and-the-abundance-society/

Patenting Quantum Computing Technologies talk at Quantum & Law Conference in Lund

2. April 29, presenting our 'Patenting Quantum Computing Technologies and Market Power: A Quantitative Analysis' research together with my academic friends Profs Mateo Aboy (Cambridge) and Timo Minssen (Copenhagen) at the Quantum & Law Conference in Lund. We wrote 2 papers focusing on IP portfolio strategies, trade & state secrets, and their interface with antitrust regulations, utilizing industry and quantum domain specific mixed theoretical & empirical research methods. http://quantum-law.org/conference/

EU AI Act Presentation at AI World Summit Americas in Montreal

3. May 4, I’ll present an overview of the EU AI Act with its ‘product safety framework’ and market entrance requirements, constructed around a set of 4 risk categories at the AI World Summit Americas in Montreal. We will discuss whether it provides a regulatory framework for AI that should be adopted globally during a Headline panel with Prof. Gillian Hadfield (Toronto) and Dr José-Marie Griffiths (President Dakota State), moderated by Meredith Broadbent (Washington). https://americas.worldsummit.ai/speakers/

Keynote Quantum Computing Ethics at IBM Research

4. May 17, I’ll give a keynote on Quantum Computing Ethics at IBM Research during their Tech for Racial and Social Justice Seminar (internal event), organized by Dr Aminat Adebiyi, moderated by Dr Mira Wolf-Bauwens, with whom I worked together on the WEF Quantum Computing Principles. https://www.weforum.org/publications/quantum-computing-governance-principles/

Quantum Impact Assessment (QIA)

5. We are creating a world’s first application-driven Quantum Impact Assessment (QIA) in The Netherlands -raising ELSA awareness and removing barriers for adoption of QT- with a diverse, multidisciplinary team lead by Prof. Bart Schermer (Leiden) and Daniël Frijters for the Centre for Quantum & Society, made possible by ECP and Quantum Delta NL. https://quantumdelta.nl/centre-for-quantum-and-society

Quantum-ELSPI special for Springer Nature with Luciano Floridi

6. Meanwhile I am editing the Quantum-ELSPI special for Springer Nature on the Ethical, Legal, Social and Policy Implications of Quantum Technology, together with EiC Prof. Luciano Floridi (Oxford). https://law.stanford.edu/publications/quantum-elspi-ethical-legal-social-and-policy-implications-of-quantum-technology/

More exciting projects soon ...

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Mauritz Kop Consults Senator Mark Warner on AI & Quantum Technology Policy

Washington D.C., January 4, 2022—As the United States Congress grapples with the complex challenges of regulating artificial intelligence and quantum technology, leading policymakers are seeking expert guidance to inform a robust and forward-thinking national strategy. On January 4, 2022, Mauritz Kop, a distinguished scholar in the field of technology law and governance, was consulted by the legal team of U.S. Senator Mark Warner (D-VA) to provide strategic insights on both AI and quantum technology policy.

This consultation highlights the growing recognition in Washington of the need for deep, interdisciplinary expertise to navigate the geopolitical, economic, and security dimensions of these transformative technologies. Senator Warner's team reached out to Kop based on his influential scholarship, including his extensive work at Stanford on the EU AI Act and the need for a strategic democratic tech alliance, his advisory role for the European Commission led by Ursula von der Leyen on the AI Act and Data Act, and his foundational article in the Yale Journal of Law & Technology proposing a comprehensive legal-ethical framework for quantum technology.

Senator Mark Warner: A Leader on Technology and National Security

Senator Mark Warner's engagement on these issues is both significant and timely. As the Chairman of the Senate Select Committee on Intelligence, he is at the forefront of addressing the national security implications of emerging technologies. His work involves overseeing the U.S. Intelligence Community and ensuring it is equipped to handle the threats and opportunities of the 21st century, where technological competition with nations like China is a central concern.

The Senate Select Committee on Intelligence has a broad mandate that includes analyzing intelligence on the technological capabilities of foreign powers and assessing the vulnerabilities of U.S. critical infrastructure. Senator Warner has been a vocal proponent of developing a national strategy for AI and quantum to maintain the United States' competitive edge and to ensure that these technologies are developed and deployed in a manner consistent with democratic values. This consultation with Mauritz Kop reflects the Senator's commitment to drawing on leading academic research to shape sound, bipartisan policy.

AI Policy: A Transatlantic, Risk-Based Approach that Lets Innovation Breathe

A key focus of the consultation was Kop's analysis of the European Union's AI Act. His Stanford publications argue for a balanced, pro-innovation regulatory model that can serve as a blueprint for international cooperation. Good governance and sensible legislation should incentivize desired behavior and simultaneously create breathing room for sustainable, beneficial innovation to flourish.

Quantum Governance: Establishing a Legal-Ethical Framework

The discussion also delved into the governance of quantum technology, drawing on Kop's seminal work in the Yale Journal of Law & Technology. Recognizing that quantum is rapidly moving from the theoretical to the practical, he stressed the urgency of establishing a legal-ethical framework before the technology is widely deployed and locked-in.

The consultation with Senator Warner's office represents a critical intersection of academic scholarship and high-level policymaking. As the United States charts its course in the era of AI and quantum, the insights provided by experts like Mauritz Kop are invaluable in ensuring that the nation's strategy is not only competitive but also responsible, ethical, and firmly rooted in democratic principles.

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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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Mauritz Kop becomes TTLF Fellow at Stanford University

AIRecht Partner joins Stanford Law School’s Transatlantic Thinktank

Honoured and thrilled to join Stanford Law School’s Transatlantic Thinktank and become TTLF Fellow at Stanford University. It is the Silicon Valley, California based Transatlantic Technology Law Forum’s objective to raise professional understanding and public awareness of transatlantic challenges in the field of law, science and technology, as well as to support policy-oriented research on transatlantic issues in the field.

Human Centred AI & IPR policy

My comparative, interdisciplinary research project focuses on Human Centred AI & IPR policy. How to realize an impactful transformative tech related IP (intellectual property) policy that facilitates an innovation optimum and protects our common Humanist moral values at the same time?

Focus beyond Intellectual Property Law

With an additional focus beyond IP, the research shall present ideas on how Europe and The United States could apply sustainable disruptive innovation policy pluralism (i.e. mix, match and layer IP alternatives such as competition law and government-market hybrids) to enable fair-trading conditions and balance the effects of exponential innovation within the Transatlantic markets. The research envisages that the presented ideas and viewpoints will be refined towards more actual policies in Brussels and Washington.

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