Innovation, Quantum-AI Technology & Law

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

Blog over juridische, sociale, ethische en policy aspecten van Kunstmatige Intelligentie, Quantum Computing, Sensing & Communication, Augmented Reality en Robotica, Big Data Wetgeving en Machine Learning Regelgeving. Kennisartikelen inzake de EU AI Act, de Data Governance Act, cloud computing, algoritmes, privacy, virtual reality, blockchain, robotlaw, smart contracts, informatierecht, ICT contracten, online platforms, apps en tools. Europese regels, auteursrecht, chipsrecht, databankrechten en juridische diensten AI recht.

Berichten met de tag United States
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.

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 and Mark Lemley Host High-Level EU Cybersecurity Delegation at Stanford Law

Stanford, CA – On February 26, 2024, the Stanford Center for Responsible Quantum Technology (RQT), a leading interdisciplinary hub operating under the aegis of the Stanford Program in Law, Science & Technology, had the distinct honor of hosting a high-level cybersecurity delegation from the European Commission. The meeting, led by the Center’s Founding Director, Mauritz Kop, and Professor Mark A. Lemley, Director of the Stanford Program in Law, Science & Technology, underscored the growing importance of transatlantic dialogue in shaping the future of digital security and responsible innovation in the quantum age.

The Stanford Center for RQT is dedicated to steering the development and application of quantum technologies toward outcomes that are not only innovative but also equitable, transparent, and beneficial for society at large. Its mission is to proactively address the complex ethical, legal, societal, policy and interoperability implications of quantum advancements, fostering a global ecosystem grounded in democratic values and human rights. The Center was officially inaugurated on December 6, 2023, by His Excellency Mark Rutte, then Prime Minister of the Netherlands and the current Secretary General of NATO, a testament to the geopolitical significance of its work. This recent meeting with the EU delegation builds on that foundation, reinforcing the Center’s role as a crucial bridge between Silicon Valley’s technological frontier and the world’s leading policymakers.

The dialogue centered on some of the most pressing challenges and opportunities at the intersection of quantum technology and cybersecurity, including building global capacity for responsible innovation and aligning EU and US national security strategies.

The EU Cybersecurity Delegation at Stanford RQT

The European Commission’s Cybersecurity Delegation was led by Gerard de Graaf, the Senior Envoy for Digital to the U.S. and Head of the European Union Office in San Francisco. A veteran of the European Commission with a distinguished career spanning several key digital policy areas, Mr. de Graaf is at the forefront of the EU’s efforts to promote a human-centric, ethical, and secure digital transition. His role involves strengthening transatlantic cooperation on digital regulation, from data governance and AI to cybersecurity and platform accountability. Mr. de Graaf, who was also present at the Center’s inauguration, has been a pivotal figure in shaping the EU’s landmark digital policies, including the General Data Protection Regulation (GDPR) and the Digital Services Act (DSA). His leadership in the San Francisco office is instrumental in fostering dialogue between European regulators and the heart of the global tech industry.

Accompanying Mr. de Graaf were Joanna Smolinska, Deputy Head of the EU Office in San Francisco and a key figure in transatlantic tech diplomacy, and Ilse Rooze, a Seconded National Expert at the EU Office who brings deep expertise in digital policy and international relations.

Representing Stanford were Mauritz Kop and Professor Mark A. Lemley. Mr. Kop is a pioneering scholar in the governance of emerging technologies, with a focus on quantum, AI, and intellectual property. As the Founding Director of the RQT Center, his work is dedicated to creating robust legal and ethical frameworks to ensure that transformative technologies are developed and deployed responsibly. Professor Lemley is the William H. Neukom Professor of Law at Stanford Law School and one of the world's most cited scholars in intellectual property and technology law. His extensive work on innovation, competition, and the digital economy provides a critical legal and economic lens through which to view the challenges of the quantum era.

The Quantum Cybersecurity Challenge: Preparing for Q-Day

A central theme of the discussion was the looming threat that fault-tolerant quantum computers pose to global cybersecurity. The immense processing power of these future machines will render much of the world’s current cryptographic infrastructure obsolete. This critical juncture, often referred to as “Q-Day” or the “Quantum Apocalypse,” is the moment when a quantum computer will be capable of breaking widely used encryption standards like RSA and ECC, which protect everything from financial transactions and government communications to personal data and critical infrastructure.

The implications of Q-Day are profound. Malicious actors could potentially decrypt vast archives of stolen encrypted data—a scenario known as "harvest now, decrypt later." This retroactive decryption capability poses a severe threat to long-term data security, national security, and economic stability.

In his opening remarks, Mauritz Kop emphasized the urgency of a proactive, coordinated global response. The conversation explored the transition to Post-Quantum Cryptography (PQC), a new generation of cryptographic algorithms designed to be resistant to attacks from both classical and quantum computers. The U.S. National Institute of Standards and Technology (NIST) is in the final stages of standardizing a suite of PQC algorithms, a process closely watched by governments and industries worldwide. The delegation discussed the immense logistical, technical, and financial challenges of migrating global IT systems to these new technical standards—a process that is expected to take more than a decade and require unprecedented public-private collaboration.

The discussion also touched upon other quantum security technologies, such as Quantum Key Distribution (QKD), which uses the principles of quantum mechanics to create secure communication channels. While PQC focuses on developing new mathematical problems that are hard for quantum computers to solve, QKD offers a physics-based approach to security. The participants explored how these different technologies could complement each other in a future-proof security architecture.

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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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European Parliament votes in favour of the new EU Copyright Directive

Today, the European Parliament voted in favour of the new EU Copyright Directive. This controversial IP legislation passed with 348 in favour, 274 against and 36 abstentions. Within 2 years (medio 2021), the Directive has to be implemented in the copyright legislations of the member States. However, articles 11 (now 15) and 13 (now 17) will do the EU internal market more harm than good.

Copyright expertise

Artificiële Intelligentie & Recht managing partner and IP lawyer Mauritz Kop delivered copyright expertise to the European Parliament during the legislative process.

Intellectual property law has become the new battleground for ideas on how the Digital Single Market strategy should deal with transformative innovation such as online platforms, big data, quantum computing and artificial intelligence. This potentially hinders rapid innovation and undermines the competitive position of Europe vis-à-vis China and the United States.

Consumer rights and competition/ antitrust law

Consumer welfare can be protected more effectively by consumer rights and competition/ antitrust law than by IP law. The introduction of additional rights (art. 15) results in an even more overcrowded and overgrown legal landscape, which could result in stagnation and legal uncertainty.

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