Innovation, Quantum-AI Technology & Law

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

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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Law, Ethics and Policy of Quantum & AI in Healthcare and Life Sciences published at Harvard, Stanford and European Commission

A collaborative research initiative by scholars from Stanford, Harvard, and MIT, published by the Petrie-Flom Center at Harvard Law School, the Stanford Center for Responsible Quantum Technology, and the European Commission, delves into the complex regulatory and ethical landscape of integrating quantum technologies and artificial intelligence (AI) into the healthcare and life sciences sectors. This series of policy guides and analyses, authored by an interdisciplinary team including Mauritz Kop, Suzan Slijpen, Katie Liu, Jin-Hee Lee, Constanze Albrecht, and I. Glenn Cohen, offers a comprehensive examination of the transformative potential and inherent challenges of this technological convergence.

Regulating Quantum & AI in Healthcare and Medicine: A Brief Policy Guide

This body of research, examining the entangled legal, ethical, and policy dimensions of integrating quantum technologies and AI into healthcare, is articulated across a series of publications in leading academic and policy forums. These works collaboratively build a comprehensive framework for understanding and navigating the future of medicine. A related policy guide was also published on the European Commission's Futurium platform, further disseminating these findings to a key international policymaking audience. The specific publications include:

1. A Brief Quantum Medicine Policy Guidehttps://blog.petrieflom.law.harvard.edu/2024/12/06/a-brief-quantum-medicine-policy-guide/

2. How Quantum Technologies May Be Integrated Into Healthcare, What Regulators Should Considerhttps://law.stanford.edu/publications/how-quantum-technologies-may-be-integrated-into-healthcare-what-regulators-should-consider/

3. EU and US Regulatory Challenges Facing AI Health Care Innovator Firmshttps://blog.petrieflom.law.harvard.edu/2024/04/04/eu-and-us-regulatory-challenges-facing-ai-health-care-innovator-firms/

4. Regulating Quantum & AI in Healthcare: A Brief Policy Guidehttps://futurium.ec.europa.eu/en/european-ai-alliance/document/regulating-quantum-ai-healthcare-brief-policy-guide

by Mauritz Kop, Suzan Slijpen, Katie Liu, Jin-Hee Lee, Constanze Albrecht & I. Glenn Cohen

Forging the Future of Medicine: A Scholarly Perspective on the Law, Ethics, and Policy of Quantum and AI in Healthcare

The research posits that the fusion of AI with second-generation quantum technologies (2G QT)—which harness quantum-mechanical phenomena like superposition and entanglement—is poised to revolutionize precision medicine. This synergy of quantum computing, sensing and simulation with artificial intelligence promises hyper-personalized healthcare solutions, capable of tackling intricate medical problems that lie beyond the grasp of classical computing. The potential applications are vast, spanning from accelerated drug discovery and development workflows and enhanced diagnostic imaging to rapid genome sequencing and real-time health monitoring. For instance, quantum simulations could model molecular interactions to create more effective pharmaceuticals, while quantum dots may offer novel platforms for targeted cancer therapies and treatments for neurodegenerative conditions by overcoming the blood-brain barrier.

However, the authors caution that these groundbreaking advancements are accompanied by significant ethical, legal, socio-economic, and policy (ELSPI) implications. The emergence of Quantum Artificial Intelligence (QAI), Quantum Machine Learning (QML), and Quantum Large Language Models (QLLM) is expected to amplify these ELSPI concerns. The dual-use nature of these technologies, such as their potential application in gain-of-function research, necessitates a principled and human-centric governance approach.

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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 Teaches Stanford Quantum Computing Association Students at Stanford Electrical Engineering

STANFORD, CA, April 16, 2024 – Today, Mauritz Kop, Founding Director of the newly established Stanford Center for Responsible Quantum Technology (RQT), delivered a lecture to the Stanford Quantum Computing Association (SQCA) at Stanford Electrical Engineering, titled "A Call for Responsible Quantum Technology." The interdisciplinary lecture was a featured event in the SQCA's distinguished "Industry Nights" speaker series and concluded with an engaging question-and-answer session with Stanford's outstanding physics, computer science, and electrical engineering students.

The Stanford Quantum Computing Association (SQCA)

The Stanford Quantum Computing Association (SQCA) serves as a vital hub for the university's burgeoning quantum community, connecting students across disciplines with the forefront of quantum innovation. SQCA’s mission is to establish and support a quantum computing community at Stanford by building bridges between students, researchers, and faculty from various departments interested in the field. Its "Industry Nights" series consistently hosts influential voices from leading companies and research institutions such as Google Quantum AI, D-Wave Quantum, and Quantinuum, providing quantum computing students with direct access to the field's pioneers. The SQCA also acts as a liaison between the Stanford quantum community and academic and industry groups outside the university. Its activities include hosting talks, holding workshops, and organizing projects.

Ethics, Law, Societal Impact, Economics, and Policy

During his talk, Professor Kop outlined a comprehensive vision for navigating the dawn of the quantum age. He introduced the concepts of the Quantum-ELSPI metaparadigm—which addresses the ethical, legal, socio-economic, and policy implications of the technology—and the Responsible Quantum Technology (RQT) framework developed by a transatlantic team of interdisciplinary scholars. The RQT framework, Kop explained, integrates these ELSPI perspectives into the entire lifecycle of quantum research and development, from the lab to the market.

To make this framework actionable, Kop presented the "10 Principles for Responsible Quantum Innovation," a guide designed to operationalize RQT. These principles are organized into three functional categories: Safeguarding, Engaging, and Advancing (SEA). A crucial insight shared was that safeguarding society and humanity can often be best achieved by responsibly advancing quantum technology. This vision was recently detailed in a paper co-authored by Kop and his team, "A Call for Responsible Quantum Technology," which was notably published in the prestigious journal Nature Physics on April 9, 2024, lending significant credibility to the mission of embedding responsible governance within the scientific community.

Stanford Center for RQT and Stanford Quantum Incubator (SQI) Launch

The lecture was also marked by two significant announcements for the Stanford quantum community. Kop officially introduced the Stanford Center for RQT, a new multidisciplinary center under his leadership that aims to influence the emerging quantum technology governance cycle and foster a competitive, values-based quantum ecosystem. He also unveiled the recent launch of the Stanford Quantum Incubator (SQI), a Silicon Valley business catalyst designed to bridge the gap between academia, government, investors, and industry to accelerate quantum development and adoption.

The presentation underscored the massive global implications of quantum technology, which is poised to transform everything from healthcare and energy to defense and materials science. By engaging directly with the next generation of quantum scientists and engineers at the SQCA, Kop emphasized the shared responsibility of the entire community to steer these powerful technologies toward beneficial societal and planetary outcomes while the field is still malleable.

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Stanford University Launches Stanford Center for Responsible Quantum Technology

Stanford, CA – December 6, 2023 – Stanford University today announced the launch of the Stanford Center for Responsible Quantum Technology (RQT), a pioneering initiative dedicated to addressing the profound ethical, legal, social, and policy implications of the rapidly advancing field of quantum technologies, including quantum artificial intelligence (QAI). The Center, part of the Stanford Program in Law, Science & Technology (LST) at Stanford Law School (SLS), is believed to be the first academic center of its kind.

Dutch Network for Academics in the USA Semicon, Geopolitics and Shared Values Event

The announcement was made during a distinguished Dutch Network for Academics in the USA event focused on semicon, geopolitics and shared democratic values, presented by the Stanford Institute for Economic Policy Research (SIEPR). The occasion was graced by the presence of outgoing Netherlands Prime Minister Mark Rutte, Nobel Prize winner and Stanford School of Business Professor Guido Imbens, Stephen Harris Professor of Materials Science and Engineering Mark Brongersma, and William H. Neukom Professor of Law Mark Lemley, who is also the Director of the LST program and serves as the faculty leader of the new Quantum Institute.

Mauritz Kop Founding Director of the Stanford Center for Responsible Quantum Technology

Mauritz Kop, who founded and directs the Center and began his tenure as a Transatlantic Technology Law Forum Fellow at Stanford Law School in 2019, highlighted the critical juncture at which the Center is being established. "Quantum technologies—especially in the areas of encryption, computing, and sensors—were rapidly evolving from hypothetical ideas to commercial realities," Kop observed. "Here, I determined, was where the most interesting–and pressing–questions of law and policy lay. Put simply, quantum technology involves the smallest particles in the universe but has the potential to create some of the world’s biggest technological quandaries and opportunities."

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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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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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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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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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De Wet op de Artificiële Intelligentie

Een bewerkte versie van deze bijdrage is gepubliceerd op platform VerderDenken.nl van het Centrum voor Postacademisch Juridisch Onderwijs (CPO) van de Radboud Universiteit Nijmegen. https://www.ru.nl/cpo/verderdenken/columns/wet-artificiele-intelligentie-belangrijkste-punten/

Nieuwe regels voor AI gedreven producten, diensten en systemen

Op 21 april 2021 presenteerde de Europese Commissie haar langverwachte Wet op de Artificiële Intelligentie (AI). Deze concept Verordening geeft regels voor de ontwikkeling, commodificatie en gebruik van AI gedreven producten, diensten en systemen binnen het territorium van de Europese Unie. Het was bemoedigend te zien dat het team van President Ursula von der Leyen een belangrijk aantal van onze strategische aanbevelingen op het gebied van de regulering van AI heeft overgenomen, danwel zelfstandig tot dezelfde conclusies is gekomen.

Doelstellingen wettelijk kader voor AI

De concept Verordening biedt horizontale overkoepelende kernregels voor kunstmatige intelligentie die op alle industrieën (verticals) van toepassing zijn. De wet beoogt de hoge maatstaven van het EU Trustworthy AI paradigma te codificeren, dat voorschrijft dat AI wettig, ethisch en technisch robuust dient te zijn en daartoe 7 vereisten hanteert.

De Wet op de Artificiële Intelligentie heeft de volgende 4 doelstellingen:

1. ervoor zorgen dat AI-systemen die in de Unie in de handel worden gebracht en gebruikt, veilig zijn en de bestaande wetgeving inzake grondrechten en waarden van de Unie eerbiedigen;

2. rechtszekerheid garanderen om investeringen en innovatie in AI te vergemakkelijken;

3. het beheer en de doeltreffende handhaving van de bestaande wetgeving inzake grondrechten en veiligheidsvoorschriften die van toepassing zijn op AI-systemen, verbeteren;

4. de ontwikkeling van een eengemaakte markt voor wettige, veilige en betrouwbare AI-toepassingen vergemakkelijken en marktversnippering voorkomen.“

Risico gebaseerde aanpak kunstmatig intelligente applicaties

Om deze doelstellingen te realiseren combineert de concept Artificial Intelligence Act een risk-based approach op basis van de pyramid of criticality, met een modern, gelaagd handhavingsmechanisme. Dit houdt onder meer in dat er voor AI applicaties met een verwaarloosbaar risico een licht wettelijk regime geldt, en onacceptabel risico applicaties verboden worden. Tussen deze 2 uitersten gelden er naarmate het risico toeneemt strengere voorschriften. Deze variëren van vrijblijvende zelfregulerende soft law impact assessments met gedragscodes, tot zwaar, multidisciplinair extern geauditeerde compliance vereisten inzake kwaliteit, veiligheid en transparantie inclusief risicobeheer, monitoring, certificering, benchmarking, validatie, documentatieplicht en markttoezicht gedurende de levenscyclus van de toepassing.

Handhaving en governance

De definitie van hoog risico AI applicaties binnen de diverse industriële sectoren is nog niet in steen gehouwen. Een ondubbelzinnige risicotaxonomie zal bijdragen aan rechtszekerheid en biedt belanghebbenden een adequaat antwoord op vragen over aansprakelijkheid en verzekering. Om ruimte voor innovatie door SME’s waaronder tech-startups te waarborgen, worden er flexibele AI regulatory sandboxes geïntroduceerd en is er IP Action Plan opgesteld voor intellectueel eigendom. De concept Verordening voorziet tenslotte in de installatie van een nieuwe handhavende instantie op Unieniveau: het European Artificial Intelligence Board. De EAIB zal op lidstaatniveau worden geflankeerd door nationale toezichthouders.

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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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