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Research Directions Quantum Technologies

Probing the production of quantum technologies to imagine its legal framework

Anushka Mittal

Published Jan 1, 2025• 1 citation
Publisher

Abstract

Abstract Quantum technologies (QT) are being awaited with excitement. They are supported by many governments, the corporate sector, international bodies and technology forecasters. There is discursive investment as well in terms of creating expectations and laying down a vision for the ‘Second Quantum Revolution’. Science and technology studies are also playing their part to think of the quantum future along with philosophical discussions around it. These visions and expectations perform an implicit and latent function of steering policy proposals and governance. At the current stage of development of quantum technologies, a comprehensive and cogent legal framework is hard to envisage. As it is difficult to foresee the final shape of these technologies, a way to proceed can be to focus on the legal enquiry related to economic, political and policy factors which contribute to its material emergence. This can broaden the focus from thinking about its impact to contextualizing its production and development. Further, it allows a way of determining the extent to which social science and ethical frames can apply to the governance of QT, given the legal and practical realities of technology production and use. This article maps the myriad governance frameworks being envisaged to think about the future of QT. It zooms onto the discussion related to the access divide being framed for QT to understand the points of legal intervention. It uses the case of quantum computing to understand the way legal and practical policy solutions have been ideated. It highlights the way these solutions entrench power of digital infrastructure providers further. This seeks to motivate further work to expand the scope of a legal framework for QT.

DOI
10.1017/qut.2024.6

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Abstract Quantum technologies (QT) are being awaited with excitement. They are supported by many governments, the corporate sector, international bodies and technology forecasters. There is discursive investment as well in terms of creating expectations and laying down a vision for the ‘Second Quantum Revolution’. Science and technology studies are also playing their part to think of the quantum future along with philosophical discussions around it. These visions and expectations perform an implicit and latent function of steering policy proposals and governance. At the current stage of development of quantum technologies, a comprehensive and cogent legal framework is hard to envisage. As it is difficult to foresee the final shape of these technologies, a way to proceed can be to focus on the legal enquiry related to economic, political and policy factors which contribute to its material emergence. This can broaden the focus from thinking about its impact to contextualizing its production and development. Further, it allows a way of determining the extent to which social science and ethical frames can apply to the governance of QT, given the legal and practical realities of technology production and use. This article maps the myriad governance frameworks being envisaged to think about the future of QT. It zooms onto the discussion related to the access divide being framed for QT to understand the points of legal intervention. It uses the case of quantum computing to understand the way legal and practical policy solutions have been ideated. It highlights the way these solutions entrench power of digital infrastructure providers further. This seeks to motivate further work to expand the scope of a legal framework for QT.
Abstract The burgeoning field of quantum technologies presents a transformative landscape with profound implications for law and development. This abstract outlines some of the rising key issues at this critical intersection, highlighting the urgent need for interdisciplinary engagement and proactive policymaking. The unique characteristics of quantum technologies and related advancements are challenging the existing legal frameworks, particularly in intellectual property. Questions surrounding the patentability of quantum algorithms and hardware, the delicate balance between protecting innovation and fostering open access, and the potential for future patent disputes demand novel legal solutions. Ensuring equitable quantum disparities between developed and developing countries is paramount. Furthermore, the advent of quantum technologies poses a significant threat to current data security protocols. The potential to break existing encryption methods necessitates the rapid development and global adoption of postquantum cryptography. In addition, the societal and ethical implications of enhanced surveillance capabilities of quantum technologies require proactive and careful legal consideration within the privacy and civil liberties framework. Beyond security, there are fundamental ethical and societal considerations with emerging technologies. The dual-use nature of many quantum technologies raises concerns about their potential misuse. Addressing the law and development disparities inherent in this technological revolution is critical. Unequal access to research, funding, and infrastructure risks concentrating the benefits of quantum technologies in a select few nations. International collaborations, flourishing quantum ecosystem, and thoughtful technology transfer policies are essential to ensure that developing countries can participate in and benefit from this progress and enjoy these technologies to the fullest. Finally, the fast pace of innovation necessitates a reevaluation of existing regulatory challenges and innovation bottlenecks. Innovation and development should be fostered, not hindered by regulation. Adapting current legal frameworks and developing new regulations that balance fostering innovation with mitigating potential risks is crucial. There is a pressing need to create international legal standards and shared regulatory framework in the globally interconnected field of quantum technologies. In conclusion, the rise of quantum technologies presents a complex web of ethical, societal, economic, political, legal, and developmental challenges. Addressing these issues effectively requires proactive, collaborative efforts from legal scholars, policymakers, scientists, industry leaders, and the international community to ensure a future where quantum innovation contributes to equitable global development and operates within a robust and ethical legal framework.
Quantum Computing (QC) represents a class of technologies that harness fundamental principles of quantum mechanics, particularly superposition and entanglement, to process, transmit, and secure information in ways unattainable by classical systems [1]. Positioned at the core of Quantum Information and Communication Technologies (QICT) [2], QC is central to the ongoing Second Quantum Revolution, driving innovation infrastructures and redefining capabilities in computation, networking, and secure information exchange at fundamental levels [3]. Unlike the first quantum revolution, which focused on physics and laboratory experiments, today's Quantum technology (QT) applications are inherently digital, dependent on and deeply integrated within the digital stack, relying on cloud platforms, high-performance computing, advanced telecommunications, and potentially converging with other emerging digital technologies (EDT) such as artificial intelligence (AI), blockchain, big data, the Internet of Things (IoT) [4], [5], offering new paradigms for the digital economy and society [6]. While there remains considerable uncertainty regarding their practical, scalable applications, the disruptive potential of QC is increasingly recognized [7] with profound ethical, legal, social, and policy implications [8] and a need for practical approaches to their governance [9]. QC is not a standalone technology, but operates as a complex innovation ecosystem where research, policy, markets, and ethics co-evolve [10].
Quantum technologies are increasingly moving from specialist laboratories into the strategic agenda of governments, industries, and international organisations. Quantum computing, quantum communication, and quantum sensing are expected to reshape cybersecurity, scientific discovery, industrial productivity, public infrastructure, and national competitiveness. Yet the same technologies also raise complex governance challenges, including cryptographic vulnerability, dual-use risks, technological inequality, workforce shortages, procurement uncertainty, and the concentration of innovation capacity in a small number of advanced economies. This article develops an adaptive public administration framework for responsible quantum technology governance. Using qualitative document-based policy analysis, the study examines international policy documents, responsible innovation literature, quantum technology roadmaps, post-quantum cryptography guidance, and emerging governance principles. The article argues that quantum technologies should not be governed only as technical artefacts or national security assets, but also as public policy objects whose societal consequences require anticipatory, inclusive, and institutionally coordinated governance. The proposed Quantum Public Administration Governance Framework consists of five interrelated dimensions: foresight and anticipatory intelligence, cybersecurity and cryptographic readiness, institutional coordination, responsible innovation and public value, and equity-oriented capacity building. The findings suggest that public administrations need to build quantum literacy, establish cross-sector coordination mechanisms, prepare digital infrastructure for post-quantum risks, support ethical and socially beneficial innovation, and prevent the emergence of a global and domestic quantum divide. The article contributes to public administration scholarship by translating the technical uncertainty of quantum technologies into a governance agenda that is relevant for policy makers, public managers, and emerging economies seeking to participate responsibly in the second quantum revolution.
Recently, there has been increasing awareness of the tremendous opportunities inherent in quantum computing (QC). Specifically, the speed and efficiency of QC will significantly impact the Internet of Things, cryptography, finance, and marketing. Accordingly, there has been increased QC research funding from national and regional governments and private firms. However, critical concerns regarding legal, political, and business-related policies germane to QC adoption exist. A few relevant studies are currently available, and those few focus heavily on the technical side of QC. Thus, this study offers a multidisciplinary review of QC, drawing on the expertise of scholars from a wide range of disciplines whose insights coalesce into a framework that simplifies the understanding of QC. This study offers a timely contribution to both practitioners and academia, as it explores use cases in business, addresses fundamental legal and political issues undermining QC’s adoption, and highlights several research gaps critical to advancing knowledge within the field.
"The rapid advancement of quantum computing poses a significant threat to the cybersecurity of our increasingly digitized world. As quantum computers become more powerful and accessible, they have the potential to break many of the cryptographic algorithms that currently secure our sensitive data, financial transactions, and critical infrastructure. This looming “quantum threat” has far-reaching implications for individuals, organizations, and nation-states, as it could lead to widespread data breaches, economic disruption, and compromised national security. Despite the growing recognition of this risk, existing legal and regulatory frameworks are largely unprepared to address the unique challenges of quantum-enabled cyber threats. Moreover, the geopolitical implications of the quantum revolution are complex and multifaceted, with the potential to reshape the global balance of power and exacerbate technological inequalities. To mitigate these risks and promote quantum readiness, there is an urgent need for the international community to develop new legal frameworks and cooperative mechanisms that span technical, economic, legal, and political domains. This article provides an interdisciplinary analysis of the quantum threat to cybersecurity, examines its potential impacts across various sectors and international relations, and offers policy recommendations for developing a comprehensive global governance framework. By proactively addressing this challenge through multi-stakeholder collaboration and quantum-resistant solutions, we can work towards a more secure and resilient digital future in the face of this transformative technology. "
Quantum information technology (QIT) encompasses a collection of emerging innovations-quantum computing, quantum communication, and quantum sensing-that leverage unique properties of quantum systems, such as entanglement, superposition, and quantization, in order to process information in ways that are either classically impossible or infeasible. While QIT remains in relative infancy, its potential for unprecedented computational speedups, security of communication, and ultra-precise measurement foreshadows its impacts and risks across economic, strategic, and societal domains. We situate QIT within both its historical and technological context, focusing on the question of what is sui generis or unique about QIT with respect to both technical detail and governance imperatives. We identify how the unique ontological properties of quantum systems may raise novel legal conceptual dilemmas and propose a governance-stack model that aligns potential regulatory instruments with specific layers of the QIT technical stack, enabling precise risk assessment and stakeholder-focused regulation. By adopting an information-theoretic lens, we analyze how QIT's novel affordances-ranging from decryption of classical encryption to ultra-precise sensing-may potentially impact legal domains. Our contribution aims to lay a foundation for understanding QIT's legal implications, offering a framework to navigate its opportunities and risks.