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MOSCOW UNIVERSITY BULLETIN ON STATE AUDIT

Approaches to regulating quantum communications

Aleksey Minbaleev, К. С. Евсиков

Published Jan 1, 2025• 1 citation
Publisher

Abstract

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.

DOI
10.55959/msu2413-631x-27-16-2-08

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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.
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 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.
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 discusses the issues of information security in the aspect of developing a model of legal regulation of quantum communications. It is proved that quantum communications are a new method of information protection capable of ensuring information security in the context of a quantum threat. The development of quantum communications in Russia should be carried out on the basis of comprehensive regulation, including both the legal regulation of quantum communications and the legal regulation of quantum information security. Within the framework of this legal model, the necessity of implementing a system of legal measures that contribute to achieving a high level of information security is shown.
The article discusses legal issues related to quantum communications. Special attention is paid to the principles on which the work of quantum communications is based. The necessity of observing the uniformity of the conceptual apparatus in the system of Russian law is pointed out. The review and comparison of the main strategic planning acts of the European Union, the Russian Federation and other countries in the field of quantum technologies and quantum communications is given. The main foreign and international standards are analyzed. Considerable attention is paid to the attempt to give the concept of quantum communications as an information technology, which can be fixed in the adopted acts. The main legal problems associated with the introduction of quantum communications are identified. The conclusion is made about the negative consequences of excessive regulation of this area.