Artificiële Intelligentie & Recht
Innovation, Quantum-AI Technology & Law
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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 Geopolitics
Why Quantum Computing Is Even More Dangerous Than Artificial Intelligence (Foreign Policy)
Why Quantum Computing Is Even More Dangerous Than Artificial Intelligence (Foreign Policy)

Washington DC, August 21, 2022. Foreign Policy just published an article about regulating quantum technology authored by Vivek Wadhwa and Mauritz Kop. https://foreignpolicy.com/2022/08/21/quantum-computing-artificial-intelligence-ai-technology-regulation/

United States and other democratic nations must prepare for tomorrow's quantum era today

To avoid the ethical problems that went so horribly wrong with AI and machine learning, democratic nations need to institute controls that both correspond to the predicted power of the emerging suite of second generation quantum technologies, and respect & reinforce democratic values, human rights, and fundamental freedoms. In fact, the quantum community itself has issued a call for action to immediately address these matters. We argue that governments must urgently begin to think about regulation, standards, and responsible use—and learn from the way countries handled or mishandled other revolutionary technologies, including AI, nanotechnology, biotechnology, semiconductors, and nuclear fission. Benefits and increased quantum driven prosperity should be equitably shared among members of society, and risks equally distributed. The United States and other democratic nations must not make the same mistake they made with AI—and prepare for tomorrow's quantum era today.

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Quantum Computing, Artificial Intelligence, Geopolitics, Foreign Policy, GuardrailsMauritz KopQuantum Governance, AI-Regulation, geopolitics
Mauritz Kop Consults Senator Mark Warner on AI & Quantum Technology Policy
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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Academics, Government, Governance, Geopolitics, American Law, Artificial Intelligence, Data processing, Innovation, Intellectual Property, Quantum Computing, Research, TTLFMauritz KopSenator Mark Warner, AI Policy, Quantum Technology Strategy, EU AI Act, Data Act, Risks, Democracy, National Security, Intellectual Property, Ursula Von Der Leyen, Stanford Law, Harvard, Yale, Mauritz Kop, Bipartisan Tech Policy, Economic Safety, Geopolitics
Integrating Bespoke IP Regimes for Quantum Technology into National Security Policy
Integrating Bespoke IP Regimes for Quantum Technology into National Security Policy

Should countries be able to treat quantum technology the way they treat fissionable materials—suspending patents and trade-secret enforcement when national security demands it? That is the provocative proposal at the center of Integrating Bespoke IP Regimes for Quantum Technology into National Security Policy, a 2021 Stanford working paper by Mauritz Kop and Mark Brongersma, posted as a preprint. The authors argue that quantum needs innovation-policy mechanisms cut to the physics of the very small, then folded into national security law.

A bespoke regime for a dual-use technology

Quantum, the authors observe, is an early-stage family of technologies—comparable to the transistor in the 1960s—whose dual-use character spans civil benefit and military harm. Because appropriable value lives simultaneously in hardware, software, and trade secrets, a legal regime borrowed wholesale from software or biotech will misfire. The paper surveys a toolkit drawn from adjacent fields—AI, biotechnology, nanotechnology, semiconductors, and nuclear—and argues that intellectual property and antitrust law must work in concert so that quantum does not deepen existing inequalities. Their guiding stance is twofold and deliberately paradoxical: treat quantum as genuinely unprecedented, but also learn from the history of adjacent technologies. This work runs alongside the market-power analysis Kop would later develop in intellectual property in quantum computing and market power, carrying the inquiry from competition theory into the harder terrain of national security law.

Pro-quantum antitrust and democratized access

Concretely, the authors weigh pro-quantum antitrust enforcement, the waiving and pledging of IP including compulsory licenses, and the democratization of essential technology. They confront the tension honestly: leading quantum startups have relied on IP protection—especially trade secrets—to raise capital, yet enclosing the foundational concepts of quantum computation and communication risks entrenching winner-takes-all dynamics against a community consensus on the right to equal access. Beyond IP, they catalog prizes, subsidies, state funding, and education as further levers for incentivizing progress.

A new TRIPS security exception

The paper's signature proposal is a new Article 73(b)(iv) security exception to the TRIPS Agreement, giving states the strategic option to exclude quantum technologies from IP protection—mirroring how the existing exception treats fissionable materials, and capable of serving either disclosure or secrecy. Situating quantum within a longer pendulum of open and closed innovation, the authors warn against a convergence of overstretched IP rights and progress made in secret, and close with a call for further multidisciplinary research. The result is a structured agenda for designing quantum innovation policy attuned to both its physics and its geopolitics, complementing the call for a strategic technology alliance among democratic countries.

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Intellectual Property, Quantum Technology, GeopoliticsHenry QuentirMauritz Kop, Intellectual Property, National Security, Quantum Technology, Quantum Governance, Geopolitics, Policy, Innovation, TTLF, TRIPS, Antitrust, Trade Secrets, Compulsory Licenses, Mark Brongersma, Dual Use, Public Domain