Innovation, Quantum-AI Technology & Law

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

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

Berichten in Governance
Mauritz Kop Speaks at CNAS Quantum Roundtable on Research Security, Technology Theft, and Intellectual Property Rights

Washington, D.C. – On October 11, 2023, the Center for a New American Security (CNAS) convened a timely, off-the-record roundtable discussion to address one of the most pressing national security challenges of our time: safeguarding American leadership in quantum technology. The event, titled "Quantum Roundtable: Research Security, Technology Theft, and Intellectual Property Rights," brought together a select group of leading experts from government, industry, and academia. Among the distinguished speakers was Mauritz Kop, Fellow and Visiting Scholar in Quantum and Law at Stanford University and later the Founding Director of the Stanford Center for Responsible Quantum Technology (RQT), and Chair of the annual Stanford RQT Conference.

The roundtable served as a critical forum for in-depth dialogue on formulating a robust U.S. strategy to protect its quantum ecosystem from intellectual property theft and illicit technology transfer, particularly in the context of strategic competition with nations like China. Quantum technology governance global expert Mauritz Kop was invited to provide his unique perspective, rooted in a holistic framework for responsible innovation, to help navigate the complex interface of intellectual property and national security.

The Center for a New American Security: Shaping the National Security Debate

The Center for a New American Security is a prominent, bipartisan non-profit organization that develops strong, pragmatic, and principled national security and defense policies. CNAS engages policymakers, experts, and the public with innovative, fact-based research, ideas, and analysis to shape and elevate the national security debate. Its Technology and National Security Program, led by Senior Fellow and Director Vivek Chilukuri, focuses on the complex challenges and opportunities presented by emerging technologies, aiming to ensure the United States maintains its technological leadership while upholding democratic values. This roundtable was a key component of the program's project on U.S. quantum strategy and its intersection with U.S.-China economic relations, reflecting CNAS’s commitment to proactive and forward-thinking policy development.

A High-Stakes Convening of Quantum Leaders

The roundtable's agenda was designed to facilitate a candid and substantive discussion among key stakeholders. The session was opened by CNAS Executive Vice President and Director of Studies, Dr. Paul Scharre, and Program Director Vivek Chilukuri, who set the stage by outlining the critical importance of the topic.

The main discussion featured two expert speakers:

Mauritz Kop, who brought a comprehensive legal, ethical, and policy perspective from his work at Stanford. His research focuses on developing governance frameworks for emerging technologies, integrating intellectual property, antitrust law, distributive justice, and national security strategy.

Dr. Elliott Mason, a Registered Patent Agent at Young Basile and a leader within the Quantum Economic Development Consortium (QED-C). Dr. Mason provided deep technical and practical insights from the front lines of quantum patenting and the development of industry standards.

Conclusion: A Principled Approach to Quantum Technology Governance

Mauritz Kop concluded his remarks by emphasizing the profound dilemmas and trade-offs inherent in governing quantum technology. The pendulum swings between open and closed innovation, and between mitigating risks and maximizing benefits, require a sophisticated, evidence-based, and adaptive approach.

His participation in the CNAS roundtable provided a crucial, principled voice, advocating for a strategy that is not merely defensive but forward-looking. By grounding the discussion in the RQT framework, he made a compelling case that true security lies in advancing a thriving, competitive, and responsible quantum ecosystem—one that leads the world in innovation while being firmly anchored in democratic values and a commitment to the planetary good. The event highlighted the essential role of deep, interdisciplinary dialogue in shaping a quantum future that is both secure and beneficial for all humankind.

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Quantum Technology Impact Assessment (EU AI Alliance, European Commission)

Brussels, 20 April 2023—The emergence of powerful new capabilities in large AI models, such as Generative Adversarial Networks (GANs), underscores the critical need to continuously improve and update technology impact assessment tools, ensuring they keep pace with rapid technological development. As defined in recent scholarship, technology impact assessment is the systematic process of monitoring and determining the unintended, indirect, or delayed societal impacts of a future technological innovation. Crucially, it is also about capitalizing on opportunities and enabling responsible innovation from the outset.

An article by Stanford Law’s Mauritz Kop on this topic is also featured on the European Commission's Futurium website.

Shaping the Quantum Innovation Process

Quantum Impact Assessments (QIAs) are emerging as vital practical tools to facilitate the responsible adoption of quantum technologies. There are several related approaches to this assessment: (1) interactive QIA, which seeks to influence and shape the innovation process; (2) constructive QIA, where social issues guide the design of the technology from its earliest stages; and (3) real-time QIA, which connects scientific R&D with social sciences and policy from the start, before a technology becomes locked-in.

Often taking the form of codes of conduct, best practices, roadmaps, and physics de-risking tools, QIA instruments can be used by governments, industry, and academia. These soft law toolsallow stakeholders to explore how current technological developments affect the world we live in and to proactively shape the innovation process toward beneficial, societally robust outcomes.

Exploratory Quantum Technology Assessment

Implementing interdisciplinary, expert-based QIAs can help raise awareness about the ethical, legal, socio-economic, and policy (ELSPI) dimensions of quantum technology, including quantum-classical hybrid systems. For instance, QIAs cultivate a deeper understanding of the potential dual-use character of quantum technology, where beneficial applications (such as quantum sensing for medical diagnostics) can exist alongside potentially harmful ones (such as the same sensors being used for autocratic surveillance).

Building on the foundational work of the 2018 AI Impact Assessment developed by ECP | Platform voor de InformatieSamenleving chaired by Prof. Kees Stuurman, this work presents a prototype of a QIA instrument: the Exploratory Quantum Technology Assessment (EQTA). This pioneering initiative was made possible through a collaboration between the Dutch Ministry of Economic Affairs & Climate Policy, Quantum Delta NL (QDNL), and ECP. The EQTA will be presented by Eline de Jong and Mauritz Kop at the inaugural Stanford Responsible Quantum Technology Conference in May 2023.

Guidance for Responsible Quantum Technology Implementation

The EQTA provides a comprehensive, practical step-by-step plan that encourages stakeholders to initiate a dialogue to clarify which ethical, legal, and social aspects are important in the creation and application of quantum systems and their interaction with classical technologies. This structured approach helps make the use of quantum technology—as well as the data and algorithms that power it—more transparent and accountable from an early stage.

Looking forward, establishing a risk-based legal-ethical framework in combination with standardization, certification, technology impact assessment, and life-cycle auditing of quantum-driven systems is crucial to stewarding society towards responsible quantum innovation. Mauritz Kop’s research group has written more on this framework in their seminal article Towards Responsible Quantum Technology (Harvard).

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

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

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

A Transatlantic Constellation of Scholars

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

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

The RQT Framework: Integrating Quantum-ELSPI and RRI

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

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

Operationalizing Responsible Quantum Technology: The 10 Principles and Future Regulation

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

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

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IBM Invites Mauritz Kop for Lecture on Quantum Ethics

New York, May 17, 2022—The development of quantum technology represents a significant advance in computational capability, with the potential to reshape industries, accelerate scientific discovery, and address complex problems. As with other transformative technologies, its power introduces a range of responsibilities. The relevant questions are not only about the technical capabilities of quantum mechanics, but also about the appropriate uses of the technology.

Reflecting this, IBM, a leading company in the quantum field, convened a seminar on May 17, 2022, for its New York and San Francisco teams to focus on the legal and ethical dimensions of this emerging field. The invited speaker for the event was Mauritz Kop, a visiting scholar at Stanford Law School, who presented his work on establishing a governance framework for quantum technologies to an audience of researchers, engineers, and policymakers.

The event was part of IBM's Tech for Justice initiative, a cross-divisional program dedicated to using technology to address systemic biases and advance social equity. Situating the conversation about quantum ethics within this framework indicates an understanding that principles of fairness, accountability, and transparency should be integrated into new technologies from an early stage.

The session was hosted by Dr. Aminat Adebiyi, a Research Staff Member, Experimentalist, and Maker at IBM, and moderated by Dr. Mira Wolf-Bauwens. Kop's collaboration with Wolf-Bauwens includes their shared work on the World Economic Forum's foundational principles for quantum computing, a project that highlights the role of multi-stakeholder cooperation in this area.

The Quantum Vanguard: IBM's Technological Position

To understand the context of the ethical discussion, it is useful to consider the technological landscape. IBM Quantum is one of the leading organizations in quantum computing and has achieved notable milestones in the field. Central to its strategy is the development of universal fault-tolerant quantum computers based on superconducting transmon qubits. This approach, which involves creating and manipulating quantum states in circuits cooled to cryogenic temperatures, has enabled IBM to build increasingly powerful and stable quantum processors.

Charting a Course for Responsible Quantum Development: A Summary of the Lecture

The material presented in the lecture builds upon a body of foundational research by Kop. His work in the Yale Journal of Law & Technology first proposed a comprehensive legal-ethical framework and a set of ten guiding principles for quantum technology. In the Stanford Law School Transatlantic Technology Law Forum, he explored the crucial roles of intellectual property and standardization in fostering sustainable innovation. Furthermore, in Physics World, published by the Institute of Physics, he articulated the necessity of a dedicated field of "quantum ethics," urging the physics community to engage directly with the social and moral implications of their work. Lastly, together with Luciano Floridi at Oxford, Kop conceptualized the Quantum-ELSPI framework as the ethical, legal, social, and policy implications of the suite of quantum technologies. The lecture for IBM synthesized and advanced these core themes.

Kop's lecture, "Legal and Ethical Guidelines for Quantum Technologies," was structured around the thesis that there is a timely opportunity to establish governance for quantum technology. In contrast to the development of the internet or artificial intelligence, where regulation often followed widespread adoption, it is possible to proactively embed democratic values and human rights principles into the architecture of quantum systems.

Interactive Discussion and Call to Action

The lecture was followed by an engaging Q&A session that highlighted the deep commitment of the IBM technical community to responsible innovation. The questions posed by participants explored the practical challenges and nuances of implementing ethical frameworks. Key themes of the discussion included the tangible impact of tech regulation to date, the specific processes needed to assess quantum's potential societal effects, and the distinct yet complementary roles of government and private enterprise in setting and adhering to standards.

Participants were keen to understand how a framework could effectively infuse 'humanism' into every aspect of technology development and how regulation could be used proactively to shape an emerging field for the better. The dialogue also addressed the most significant challenges facing quantum regulation specifically and the strategies required to overcome them.

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

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

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

Senator Mark Warner: A Leader on Technology and National Security

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

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

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

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

Quantum Governance: Establishing a Legal-Ethical Framework

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

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

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