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 Geopolitics
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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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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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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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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