The Russian Federation in 2023 adopted the concept of regulation of the quantum communication industry until 2030. The authors of this article took part in its development. The document substantiates the need to improve the legislation in optical communication. The study reveals that there is no global reference system for legally regulating optical communication, which will pose challenges in effectively overseeing atmospheric optical quantum communication lines. The article presents priority measures aimed at regulating atmospheric optical quantum communication lines, which will expand the commercial potential of quantum communication. The authors propose measures to protect the rights of users of quantum communication services, as well as the rights of owners of atmospheric optical quantum communication lines. In order to facilitate the operation of atmospheric optical quantum communication lines, it is essential to adopt measures beforehand, as legal uncertainties pose limitations on infrastructure project development.
The Russian Federation in 2023 adopted the concept of regulation of the quantum communication industry until 2030. The authors of this article took part in its development. The document substantiates the need to improve the legislation in optical communication. The study reveals that there is no global reference system for legally regulating optical communication, which will pose challenges in effectively overseeing atmospheric optical quantum communication lines. The article presents priority measures aimed at regulating atmospheric optical quantum communication lines, which will expand the commercial potential of quantum communication. The authors propose measures to protect the rights of users of quantum communication services, as well as the rights of owners of atmospheric optical quantum communication lines. In order to facilitate the operation of atmospheric optical quantum communication lines, it is essential to adopt measures beforehand, as legal uncertainties pose limitations on infrastructure project development.
In 2023, the Russian Federation adopted the Concept for the Regulation of the Quantum Communications Industry until 2030. The authors of this article participated in its development. The document emphasizes the necessity of improving both legal and normative-technical regulatory frameworks for activities in this field. The development of an effective legal regulatory system for the quantum communications industry should be preceded by the establishment of a coherent system of technical regulation specific to the quantum sector. From a legal standpoint, key directions for the potential development of the quantum communications industry have been identified. To a large extent, further progress in this area will depend on the determination of a number of technological development trajectories within the sector. The study shows that the system of domestic standards in quantum communications is contradictory and mutually exclusive. Although several standards have been adopted in recent years, their coverage demonstrates the lack of a coordinated standardization plan to meet the priority needs of the industry. The standards for the quantum internet of things adopted in 2023 have not yet found their end users, and the backbone quantum communication lines created and functioning in our country remain without relevant standards. The analysis of foreign experience shows similar problems in other countries and a lack of unambiguous recommendations from international standardization bodies. This has made it possible to justify the need to adopt a roadmap for the standardization of quantum communications and additional domestic standards for quantum communication trunk lines. The article highlights the importance of the participation of domestic experts in the work of international standardization bodies on developing technical documents in the quantum communications field.
The article analyzes the current state of legal regulation of quantum communications as one of the key varieties of quantum technologies. The analysis of the definitions of “quantum communications” available in the current legislation is carried out, their legal nature as a variety of information and digital technologies is determined. The legal concept of “quantum communications” is formulated. The current legislation in the field of quantum communications is analyzed. The main directions of legal regulation of quantum communications in Russia, the key problems that arise in this case are identified. The development of the Concept of regulatory legal regulation of the quantum communications industry in the Russian Federation is proposed. The analysis of the legal regulation of relations arising in connection with the use of quantum communications indicates a clear lack of methodological support for these processes, the absence of a unified approach to understanding what constitutes “quantum communications”, how it is necessary to develop Russian legislation to ensure the breakthrough introduction of quantum communications. An analysis of the regulation of the quantum communications industry in the world indicates that regulation at the level of strategies, concepts, road-maps and development programs is predominant in this process. An important mechanism of state regulation of the development of quantum communications is the state financing of support for projects in the field of quantum communications. The authors have identified several approaches that have developed abroad to the regulation of quantum technologies, including quantum communications, at the level of strategic regulation. The key promising issues in the field of quantum communications that have found legal regulation in foreign countries, which can be applied in Russia, are identified. The key measures of state support for the quantum communications industry, which should find regulatory reflection in the near future, are identified and systematized.
The article analyzes possible approaches to the legal regulation of quantum communications in the Russian Federation. The necessity of applying an integrated approach to the regulation of quantum communications is substantiated. Today, it is possible to implement the possibility of comprehensive regulation of the institute of quantum communications law and the harmonious development of communications legislation in terms of separating quantum communications as a separate communication (in the long term) or telecommunication (in the medium term), as well as the development of information security legislation in terms of providing greater autonomy to participants in the quantum communications market, including the development of the commercial manufacturing sector production of quantum communications and the provision of quantum communication services.
In the rapidly evolving field of quantum communication, the regulatory framework plays a crucial role in ensuring security, standardization, and international cooperation. This article examines various approaches employed by countries to regulate quantum communication. The purpose of this research is to comprehensively analyze and compare different international approaches to the regulation of quantum communication to identify key features characteristic of the current stage of development and regulation of quantum communication, as well as to develop recommendations for optimizing and improving regulatory governance in this area. The methodological basis of the study consisted of general scientific and special methods. A detailed study of various legal documents, strategies, and standards related to quantum communication was conducted using the following general scientific methods: analysis, synthesis, induction, and system analysis. Among the special legal methods used was the comparative legal method, which made it possible to identify general trends, differences, and unique approaches in the regulation of quantum communication, as well as the formal-legal method for studying legal categories and legislative techniques used in various acts in the studied area. The study systematically examines legislative measures, government policies, and industry standards to determine the relationship between technological innovation and regulatory governance in the field of quantum communication. The research revealed that the regulation of quantum communication is primarily carried out at the level of strategic documents, such as national roadmaps, which contain recommendations and guidelines for regulating quantum communication. It was found that technical standards play a vital role in the development of quantum communication, with this development occurring at both national and international levels. Special groups and centers have been established for the effective implementation, development, and regulation of quantum communication, which allows for the identification of social, legal, political, and ethical issues. The main conclusions include the need to monitor administrative barriers, identify priority sectors for the implementation of quantum communication, and recognize quantum communication as a dual-use technology. It is recommended that an international certification and tracking system be created for quantum communication devices for export and import control purposes.
Quantum communication is among the key segments of the data economy in Russia and of the digital economy in China. Both countries are developing legal frameworks for the quantum communication. In Russia, this process takes place predominantly at the federal level, whereas China has an integrated regulatory system in which provinces with advancing quantum technologies also play an active role in adopting legal instruments for their regulation. The article analyses the specific features of provincial-level regulation of quantum communication in China. Particular emphasis is placed on the Beijing Economic-Technological Development Area, and specifically on measures to support and develop quantum technologies that have been approved by its Administrative Committee—the “Measures for Promoting the Development of Quantum Science and Industry in the Beijing Economic-Technological Development Area.” The article further examines regulation in Zhejiang Province and Hangzhou, in Anhui Province and the Hefei High-Tech Zone, as well as in other provinces (Shanghai, Nanjing, Guangdong). These jurisdictions focus predominantly working out specific measures to stimulate and advance technologies, aimed at achieving their world-class level, which in turn presupposes a systematic approach. Recently, the Russian economy has seen the implementation of several projects involving the creation and use of quantum communication and related equipment, some of them have been introduced at the level of Russia’s regions. Under the Russian Constitution, matters concerning communications and information technology fall within federal jurisdiction. Since regions have not been vested with the corresponding powers, they may regulate only supportive activities for innovative projects in this field. By comparing China’s integrated, province-level regulation with Russia’s primarily federal-level framework, the article provides an understanding of how both countries legally support the development of quantum communication. While adopting a comparative perspective, the analysis places particular emphasis on China’s regulatory architecture and province-level practices. This analysis reveals common challenges and distinct pathways in designing legal mechanisms for quantum technologies in different constitutional settings.
The article considers theories, methods and approaches to legal regulation of relations concerning the usage of quantum communications, as well as methods and approaches. The most probable vector of development of legal regulation concerning these legal relations was identified. During the study, the author used methods of analysis and synthesis, as well as systematization. Attention is drawn to the need to systematize regulatory legal acts in the field of regulation of quantum communications. The article considers the principles that should be taken into account when forming a quantum communication agreement. The conducted study allowed us to come to the conclusion about the need to form a comprehensive regulation, the gradual introduction of technology and the use of preliminary national standards together with legislative norms in the field of regulation of communication relations will help to identify the necessary prerequisites for the formation of a specialized federal law.