Columbia Law Publishes 'Towards a European Quantum Act' Study by Mauritz Kop

In a landmark academic contribution, Columbia Law School’s prestigious Columbia Journal of European Law (CJEL) is publishing a comprehensive study by Mauritz Kop, a leading scholar in the field of quantum technology governance. Titled "Towards a European Quantum Act: A Two-Pillar Framework for Regulation and Innovation," the paper, published in Volume 31, Issue 1 (Fall 2025), presents a forward-looking and robust framework for the European Union to navigate the complexities of the quantum age. This timely publication in a top ranked journal guided by the intellectual stewardship of renowned Columbia Law professors Anu Bradford and George Bermann, is set to significantly influence the burgeoning transatlantic dialogue on the future of quantum technology.

The full citation for the paper is: Mauritz Kop – Towards a European Quantum Act: A Two-Pillar Framework for Regulation and Innovation (Sept 9, 2025), Volume 31, Issue No. 1, Columbia Journal of European Law, Columbia Law School (2025), final edition forthcoming. Pre-print versions are available on SSRN, arXiv, ResearchGate, the Website of the European Commission, and AIRecht.

The Columbia Journal of European Law: A Bastion of Transatlantic Legal Scholarship

Founded in 1994, the Columbia Journal of European Law has established itself as a leading academic publication dedicated to the study of European law from a transatlantic perspective. Its mission is to provide a forum for the exchange of ideas between scholars, practitioners, and policymakers on both sides of the Atlantic. The journal’s history is deeply intertwined with the development of the European Union and the evolving relationship between the EU and the United States. It has consistently published groundbreaking scholarship on a wide range of topics, from competition law and trade to human rights and constitutional law.

The journal's ranking among the top international and European law journals is a testament to its quality and influence. CJEL is currently the single most cited European law journal in the world. It is widely recognized for its rigorous academic standards and its commitment to publishing innovative and policy-relevant research. The journal’s association with Columbia Law School, one of the world’s leading law schools, further enhances its prestige. You can find more information about the journal on its official website: https://cjel.law.columbia.edu/ and its Scholastica page: https://columbia-journal-of-european-law.scholasticahq.com/. For more on the journal's history, the Wikipedia page is a useful resource, and updates can be found on their LinkedIn profile.

CJEL Guided by Star Professors Anu Bradford and George Bermann

The intellectual rigor and policy relevance of Kop's study are a reflection of the Journal’s guidance and mentorship of two of Columbia Law School's most distinguished scholars: Anu Bradford and George Bermann.

Professor Bradford, the Henry L. Moses Professor of Law and International Organization, is a world-renowned expert on the "Brussels Effect," a term she coined to describe the European Union's unilateral power to regulate global markets. Her work has profoundly shaped our understanding of the EU's role in the world and its ability to set global standards for technology and other industries. Her insights into the EU’s regulatory power are clearly reflected in Kop’s proposal for a European Quantum Act.

Professor George Bermann is the Walter Gellhorn Professor of Law and the Jean Monnet Professor of European Union Law at Columbia Law School. A leading authority on European law, international arbitration, and comparative law, Professor Bermann has been instrumental in shaping the field of European law studies in the United States. His deep understanding of the intricacies of EU law and governance provides a solid foundation for Kop’s ambitious legislative proposal. The combined expertise of these two scholars has undoubtedly enriched the paper, ensuring its legal and political feasibility.

"Towards a European Quantum Act": A Two-Pillar Framework

Kop's paper argues that the European Union has a unique opportunity to shape the global governance of quantum technologies. He proposes a comprehensive "European Quantum Act" based on a two-pillar framework:

Pillar 1: Agile, NLF-Style Regulation: This pillar focuses on creating a flexible and adaptive regulatory framework, similar to the EU’s New Legislative Framework (NLF) for products. It would establish a risk-based approach to regulating quantum technologies, with stricter rules for high-risk applications and more flexibility for low-risk ones. This approach, Kop argues, would allow for innovation to flourish while ensuring that fundamental rights and safety are protected. A key element of this pillar is the "standards-first" philosophy, which prioritizes the development of technical standards as a primary mechanism for embedding democratic values into the very architecture of quantum technologies.

Pillar 2: Ambitious, Chips Act-Style Industrial Policy: This pillar calls for a proactive and ambitious industrial policy to support the development of a competitive and resilient European quantum ecosystem. Drawing inspiration from the U.S. and EU Chips Acts, Kop proposes a range of measures, including funding for research and development, support for startups and SMEs, and the creation of a European quantum infrastructure. This pillar aims to ensure that Europe can compete with the United States and China in the global quantum race.

A Standards-First Approach to Secure a Democratic Future

A central tenet of Kop's proposal is the "standards-first" approach. He argues that technical standards are not merely technical tools but are "vessels for values." By proactively shaping the standards for quantum technologies, the EU can embed its democratic values, such as privacy, fairness, and accountability, into the core of the technology. This approach would not only ensure that quantum technologies are developed and used in a responsible manner but would also give the EU a competitive advantage in the global market for trustworthy quantum systems.

This concept builds upon a recent study published in the prestigious journal Science, senior-authored by Kop. The study, titled "Quantum technology governance: A standards-first approach," was first-authored by Mateo Aboy of Cambridge University, with co-authorship from Urs Gasser, a leading scholar at the Technical University of Munich and Harvard University, and I. Glenn Cohen, Vice Dean of Harvard Law School and Faculty Director of the Petrie-Flom Center for Health Law Policy, Biotechnology, and Bioethics. This foundational work, which can be accessed here at Science, provides the rigorous academic underpinnings for leveraging standards as a primary tool for responsible technology governance.

The paper, initiated by the Stanford Center for Responsible Quantum Technology, suggests the creation of a Quantum Technology Quality Management System (QT-QMS), which would be developed in partnership with international bodies like ISO/IEC and IEEE. This system would provide a certifiable CE mark for quantum systems, signaling their compliance with EU standards and values.

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Mauritz Kop Awarded Senior Fellowship at Leading G7 Think Tank CIGI Waterloo

Mauritz Kop, founder of the Stanford Center for Responsible Quantum Technology (RQT) and a guest professor at the US Air Force Academy (USAFA), has been appointed a senior fellow at the Centre for International Governance Innovation (CIGI), a leading Canadian G7 think tank with a global reputation for impactful research and policy advice. This fellowship marks a significant new chapter in Professor Kop's work, allowing for a deeper dive into the intricate and rapidly evolving nexus of quantum technology, artificial intelligence (AI), intellectual property (IP) law, competition policy, and national security. The initial project will focus on developing a comprehensive roadmap for navigating this complex landscape, building on previous engagement with CIGI and long-standing academic and professional connections with Canada.

Mauritz Kop Appointed Senior Fellow at CIGI: A New Chapter in Quantum Governance and Global Security

This CIGI senior fellow appointment is not just a personal honour, but a testament to the growing global recognition of the urgent need for innovative governance models to steer the development of powerful dual-use technologies towards beneficial outcomes for humanity. The challenges are immense, but so are the opportunities. In a world grappling with geopolitical instability and the disruptive potential of emerging technologies, CIGI’s mission to build bridges from knowledge to power has never been more critical. Kop is thrilled to contribute to this mission and to collaborate with CIGI’s distinguished team of experts.

Building on a Foundation: The Dual-Use Project and Previous Engagements

Professor Kop's journey with CIGI began prior to this fellowship, with a seminar delivered on the governance of dual-use quantum technologies. That lecture, titled “Responsible Quantum AI Governance: From Ethical Principles to Global Frameworks,” set the stage for the work he is about to undertake. In that presentation, he argued that we are approaching a “Quantum Event Horizon”—a critical juncture beyond which our ability to shape the trajectory of advanced quantum and AI systems may be irrevocably lost. The core of Kop's argument was that traditional governance models and diplomatic efforts are insufficient to address the systemic challenges posed by a global, high-stakes race for quantum supremacy.

The seminar explored the necessity of a multi-layered governance strategy. This includes not only the development of robust international legal frameworks and oversight bodies, drawing inspiration from nuclear non-proliferation treaties, but also the integration of “Quantum-Resistant Constitutional AI” to hardwire universal values into the technology itself. This dual approach, grounded in the principles of responsible innovation, is essential to mitigate the risks of misuse by state and non-state actors, and to ensure that these technologies serve to enhance, rather than undermine, democratic societies.

The positive reception to these ideas and the stimulating discussions that followed with the CIGI community laid the groundwork for this senior fellowship. It became clear that there was a shared understanding of the stakes involved and a common commitment to forging a path towards a safe and equitable quantum future. This fellowship provides the ideal platform to transition from articulating these principles to developing concrete, actionable policy recommendations.

A New Frontier: IP, Competition Law, Quantum, Dual-Use, and National Security

Professor Kop's first project as a CIGI Senior Fellow will be an in-depth analysis of the critical nexus between quantum technology, AI, IP policy, and national security strategy. The convergence of quantum and AI capabilities presents unprecedented challenges for global innovation and strategic stability, most notably the looming threat of “Q-Day,” when a sufficiently powerful quantum computer could break most of the public-key cryptography that underpins our digital world.

This project will draw lessons from historical precedents, particularly the governance of nuclear technology, to inform the development of novel frameworks for quantum governance. A key component of the research will be a comparative analysis of quantum IP strategies across the dominant tech blocs, examining how different approaches to patents, trade secrets, and state secrets are shaping the global quantum race.

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Towards an Atomic Agency for Quantum-AI

Stanford, CA May 5, 2025 — Today, Mauritz Kop published interdisciplinary research proposing “A Principled Approach to Quantum Technologies”, and the establishment of an “Atomic Agency for Quantum-AI” on the website of the European Commission. The Atomic Agency essay analyzes emerging AI and quantum technology (including their increasing complementarity and interdependence embodied in quantum-AI hybrids) regulation, export controls, and technical standards in the U.S., EU, and China, comparing legislative efforts anno 2025 to strategically balance the benefits and risks of these transformative technologies through the lens of their distinct innovation systems. The Principled Approach paper posits that quantum technology's dual use character brings with it the need to balance maximizing benefits with mitigating risks. In this spirit, the paper argues that quantum technology development should best be guided by a framework for Responsible Quantum Technology, operationalized by a set of tailored principles to optimize risk-benefit curves. Download the paper here.

Towards an Atomic Agency for Quantum-AI

The article analyzes emerging regulation, export controls, and technical standards for both quantum and AI (including their increasing complementarity and interdependence embodied in quantum-AI hybrids) in the U.S., EU, and China and offers novel conceptual frameworks to steward these technologies towards shared global benefit.

Key Takeaways:

1. Converging Need for Responsible Governance: Despite distinct innovation philosophies (market-driven in the U.S., values-based in the EU, and state-driven in China), there's a growing international consensus on the necessity for principled and responsible technology governance for both AI and quantum technologies.

2. The 'Washington Effect' vs. 'Beijing Effect': The U.S.'s security-centric policies are creating a de facto "Washington effect," potentially setting global rules for quantum law but risking premature regulation. Conversely, China's push for state-aligned standardization (e.g., via the Digital Silk Road) signals a "Beijing effect," which could export autocratic norms and fragment global interoperability, a trend exacerbated by unilateral export controls.

3. Potential U.S., EU and China Visions on a Quantum Governance Act: Given the distinct innovation ecosystems and strategic priorities of the United States, the European Union, and China, it is instructive to envision how each might hypothetically structure a dedicated legislative framework for quantum technologies. The research outlines hypothetical "Quantum Governance Acts" for each, reflecting their respective governance philosophies and innovation models, while also considering pathways towards greater international alignment based on shared values:

a. United States: Removing Barriers for U.S. Quantum Technology Act (deregulation, industrial standards-centric approach, Safeguarding through Advancing quantum technology, prioritizing market dynamism, national & economic security, and defense).

b. European Union: EU Quantum Act (harmonized regulation rooted in fundamental rights and societal benefit based on New Legislative Framework while incorporating elements from European Chips Act, renewed focus on defense via “European DARPA”).

c. China: Comprehensive Quantum Law (Safeguarding state control while Advancing state goals, blending elements of authoritarian governance with surveillance capitalism, integration of civilian and military sectors, self-reliance, exporting state norms & values through technical standards).

4. Global Challenges & Opportunities for Alignment: Faced with planetary challenges like disease, inequality and climate change, aligning on Responsible Quantum Technology (RQT) norms and standards is a critical global opportunity. The article cautions against a simplistic zero-sum game or Cold-War redux narrative for quantum competition, arguing it hinders vital international cooperation.

5. Quantum-Relativistic Innovation Theory of Everything: Philosophical thought experiment to understand innovation dynamics by drawing analogies from quantum mechanics (uncertainty, superposition at micro-level) and general relativity (context, structure at macro-level), theories about the fundamental nature of reality.

6. Smart Regulation and RQT by Design: Effective governance must move beyond mere restrictions to actively incentivize responsible behaviors, promoting "Responsible Quantum Technology (RQT) by design" through flexible instruments like Quantum Impact Assessments (QIA), RQT by design metrics, adaptive, modular legislation, & regulatory sandboxes.

7. Harmonized "Quantum Acquis Planétaire": The article advocates for a global body of Quantum Law ("Quantum Acquis Planétaire"), complemented by sector-specific practices. Such a quantum acquis would be anchored in universal ethical values and translated into foundational standards and agile legal guardrails. This requires inter-continental policymaking and strategic "recoupling" between major players like the U.S. and China, based on incentives and shared values (“what connects us” – e.g. human dignity, security, well-being).

8. An "Atomic Agency for Quantum-AI": A central proposal is the establishment of an international agency modeled after the International Atomic Energy Agency (IAEA). This body would aim to enforce a global acquis, deter a quantum arms race, ensure non-proliferation of dual-use quantum-AI technologies via safeguards implementation (inspired by nuclear governance), and potentially oversee a global UN Quantum Treaty.

9. Need for International Collaboration & Research Platforms: Realizing ambitious goals like fault-tolerant quantum centric supercomputing, and scalable topological qudits unlocking higher-dimensional quantum systems leveraging multi-level logic, requires collective global expertise and collaborative research platforms akin to CERN or ITER, challenging protectionist measures that stifle necessary cooperation. Immediate global actions should focus on leveraging quantum for the UN Sustainable Development Goals (SDGs), mitigating a 'Quantum Divide,' promoting quantum literacy, and building a skilled quantum workforce.

The research underscores the urgent need for robust global quantum-AI governance structures and calls for a shift from purely competitive dynamics towards pragmatic cooperation and the codification of a harmonized global framework.

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Mauritz Kop Consults U.S. Department of State on Quantum Technology and Foreign Policy Strategy

Washington D.C. – On December 12, 2024, Mauritz Kop, Founding Director of the Stanford Center for Responsible Quantum Technology (RQT) and the Stanford Quantum Incubator, was invited to consult with the U.S. Department of State on the pressing challenges and strategic opportunities presented by the quantum era. The analytic outreach event, hosted by the Bureau of Intelligence and Research’s Office of Analytic Outreach (INR/AO), provided a critical forum to discuss the integration of quantum technology considerations into U.S. foreign policy and national security strategy.

This engagement highlights the growing recognition within the U.S. government that understanding quantum technology is no longer the exclusive domain of physicists and engineers, but a crucial imperative for diplomats, intelligence analysts, and foreign policy architects.

Informing Diplomacy with Strategic Insight

The U.S. Department of State is the nation’s lead foreign affairs agency, responsible for advancing the interests and security of the American people. Within the Department, the Bureau of Intelligence and Research (INR) holds a unique mandate to provide independent, all-source intelligence and analysis to the Secretary of State and other senior policymakers. INR’s primary mission is to deliver timely, objective, and insightful assessments that inform decision-making on the full spectrum of diplomatic and foreign policy challenges. It is within this context of providing deep, substantive expertise that the Office of Analytic Outreach convenes leading external experts like Mauritz Kop to engage directly with government analysts and officials.

A Bird's-Eye View of Quantum's Strategic Landscape

While the specific details of the consultation remain confidential, the discussion drew upon Mr. Kop’s extensive research on quantum governance, which offers a strategic framework for policymakers. His analysis emphasizes several key themes crucial for navigating the complexities of the quantum age.

A central theme is the inherently dual-use character of quantum technology. This paradigm holds both immense promise and profound risk. On one hand, quantum advancements are poised to revolutionize sectors vital to human progress; quantum sensors could dramatically improve medical imaging and seismic prediction, while quantum simulation could enhance drug discovery and macroeconomic modeling. On the other hand, this same power presents formidable threats. The advent of a fault-tolerant quantum computer, or "Q-Day," could catastrophically break the classical encryption that underpins global finance, data security, and critical infrastructure, with a potential timeframe of just two to three years.

This governance model is set against a backdrop of intense geopolitical competition. Kop’s research posits the risk of a "Quantum Event Horizon"—a governance tipping point at which one technological bloc could achieve quantum supremacy and with that the keys to the world’s operating system, creating an irreversible, "winner-takes-all" advantage that could destabilize the global order. This makes it a strategic imperative for the United States and its allies to lead in building a "globally leading, values-laden Made in America quantum ecosystem."

Embedding Democratic Values into the Quantum Future

A core pillar of the responsible governance framework presented is the imperative to embed democratic values and human rights principles into the very architecture of quantum systems. Technology is never neutral; it inherently carries the values of its creators. Therefore, the U.S. and its like-minded partners have a generational opportunity to set the "rules of the road" for quantum technology through international standard-setting that prioritizes privacy, fairness, and fundamental freedoms. This involves fostering diverse, interdisciplinary research and development teams to combat inherent biases and ensure outcomes align with the principles of a free society.

Stanford RQT and the Department of State’s Bureau of Intelligence and Research

The engagement with the Department of State’s Bureau of Intelligence and Research represents a vital step in bridging the gap between the academic frontier of quantum research and the pragmatic realities of foreign policy. The work of the Stanford Center for Responsible Quantum Technology remains committed to fostering these essential conversations, ensuring that as humanity prepares to take its next great technological leap, it does so with foresight, responsibility, and a steadfast commitment to democratic values.

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Blog over Kunstmatige Intelligentie, Quantum, Deep Learning, Blockchain en Big Data Law

The Columbia Journal of European Law: A Bastion of Transatlantic Legal Scholarship

CJEL Guided by Star Professors Anu Bradford and George Bermann

"Towards a European Quantum Act": A Two-Pillar Framework

A Standards-First Approach to Secure a Democratic Future

Mauritz Kop Appointed Senior Fellow at CIGI: A New Chapter in Quantum Governance and Global Security

Building on a Foundation: The Dual-Use Project and Previous Engagements

A New Frontier: IP, Competition Law, Quantum, Dual-Use, and National Security

Towards an Atomic Agency for Quantum-AI

Informing Diplomacy with Strategic Insight

A Bird's-Eye View of Quantum's Strategic Landscape

Embedding Democratic Values into the Quantum Future

Stanford RQT and the Department of State’s Bureau of Intelligence and Research

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