Innovation, Quantum-AI Technology & Law

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Berichten met de tag Yale Law School
Mauritz Kop Advises Yale Law School's Lowenstein Human Rights Project on Quantum Technology and Human Rights

In November 2022, the Lowenstein Project at Yale Law School—the student-led human rights group founded in 1981 under the Schell Center for International Human Rights—reached out to Mauritz Kop for his expertise on quantum technology and human rights. The team was working on a background policy memorandum, in association with the Seoul National University Artificial Intelligence Policy Initiative and the Korean Mission to the United Nations in Geneva, to support a proposed new U.N. Special Rapporteurship on human rights in the development of new technologies. Their question was practical and revealing: how does a layperson "get smart" on quantum?

Lawyers seeking to make a hard field legible

The outreach was, in the project's own words, "primarily focused on the research process, especially from a lay perspective." The questions concerned method, not conclusions—where to begin, how to sequence the material, which kinds of technical understanding human rights applications actually require, and whom else to consult. Kop shared his insights into that process. He did not draft the memorandum and the engagement should not be overstated: it was a scholar helping advocates reach the threshold of understanding from which rights questions can be posed precisely rather than rhetorically.

Why the physics has to come first

Quantum is harder to make legible than artificial intelligence or social media, and easy to discuss in metaphors that mislead. Getting smart on it means grasping superposition, entanglement, and measurement—features with no classical analogue—well enough that rights claims become testable rather than atmospheric. A concrete worry about a future quantum computer breaking today's public-key encryption is a disciplined claim; generalized anxiety about "quantum" doing something powerful and unspecified is not. The difference is exactly what a layperson must cross to draft credible norms.

Quantum literacy as a precondition for rights protection

The episode is small but structural. The U.N. human rights system can only fashion meaningful safeguards for a technology its drafters understand; an instrument written from metaphor risks protecting the wrong things, or nothing. That is why responsible quantum governance has to be interdisciplinary from the start, with lawyers, ethicists, and physicists working together—a case Kop and colleagues have made across the responsible-quantum-technology literature, including the Ten Principles for Responsible Quantum Innovation. The Lowenstein outreach is that argument running in reverse: advocates recognizing that they had to learn the technology before they could protect against it.

A small request, a durable lesson

To be precise about the record: Kop answered the project's research-process questions; he was not an author of the memorandum, and whether a new Special Rapporteurship is ultimately established is a matter for the Human Rights Council. The durable point is narrower and more interesting—that human rights advocates building a case at the United Nations turned to a quantum scholar to make the field legible first. Quantum literacy is becoming a precondition for rights-protective governance, not an optional supplement to it.

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Establishing a Legal-Ethical Framework for Quantum Technology

Yale Law School, Yale Journal of Law & Technology (YJoLT) The Record 2021

New peer reviewed cross-disciplinary Stanford University Quantum & Law research article: “Establishing a Legal-Ethical Framework for Quantum Technology”.

By Mauritz Kop

Citation: Kop, Mauritz, Establishing a Legal-Ethical Framework for Quantum Technology (March 2, 2021). Yale J.L. & Tech. The Record 2021, https://yjolt.org/blog/establishing-legal-ethical-framework-quantum-technology

Download the article here: Kop_Legal-Ethical Framework for Quantum Tech-Yale

Please find a short abstract below:

What is quantum technology?

Quantum technology is founded on general principles of quantum mechanics and combines the counterintuitive physics of the very small with engineering. Particles and energy at the smallest scale do not follow the same rules as the objects we can detect around us in our everyday lives. The general principles, or properties, of quantum mechanics are superposition, entanglement, and tunnelling. Quantum mechanics aims to clarify the relationship between matter and energy, and it describes the building blocks of atoms at the subatomic level.

Raising Quantum Awareness

Quantum technologies are rapidly evolving from hypothetical ideas to commercial realities. As the world prepares for these tangible applications, the quantum community issued an urgent call for action to design solutions that can balance their transformational impact. An important first step to encourage the debate is raising quantum awareness. We have to put controls in place that address identified risks and incentivise sustainable innovation.

Connecting AI and Nanotechnology to Quantum

Establishing a culturally sensitive legal-ethical framework for applied quantum technologies can help to accomplish these goals. This framework can be built on existing rules and requirements for AI. We can enrich this framework further by integrating ethical, legal and social issues (ELSI) associated with nanotechnology. In addition, the unique physical characteristics of quantum mechanics demand universal guiding principles of responsible, human-centered quantum technology. To this end, the article proposes ten guiding principles for the development and application of quantum technology.

Risk-based Quantum Technology Impact Assessment Tools

Lastly, how can we monitor and validate that real world quantum tech-driven implementations remain legal, ethical, social and technically robust during their life cycle? Developing concrete tools that address these challenges might be the answer. Raising quantum awareness can be accomplished by discussing a legal-ethical framework and by utilizing risk-based technology impact assessment tools in the form of best practices and moral guides.

Mauritz Kop is a Stanford Law School TTLF Fellow, Founder of MusicaJuridica and strategic intellectual property lawyer at AIRecht, a leading 4th Industrial Revolution technology consultancy firm based in Amsterdam, The Netherlands. The author is grateful to Mark Brongersma (Department of Materials Science and Engineering at Stanford University), Mark Lemley (Stanford Law School), and Suzan Slijpen (Slijpen Legal) for valuable cross-disciplinary comments on an earlier version of this article. Thank you Ben Rashkovich and the Yale Journal of Law & Technology for excellent suggestions and editorial support. This article benefitted from comments at the World Economic Forum Quantum Computing Ethics Workshop.

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