Investigator:
Elif Kiesow Cortez

Abstract:
Legal systems and policymakers respond to revolutionary technological innovations by evaluating their potential ramifications and understanding their operating principles in order to offer a framework of principles and rules. Regulatory governance efforts in this new area might expected to be affected by how actors in the politico-legal system in different jurisdictions perceive the risks and benefits of quantum technologies such as quantum information systems and communication technologies. This project will undertake an analysis of the current governance strategies across the Atlantic for the field of quantum technology, targeted at mitigating the risks and enhancing the opportunities brought by this technology.

The project will also aim to map the various roles played by the state, the private sector, and civil society stakeholders as they relate to policy-oriented deliberations regarding the ethical deployment of emerging technologies. In order to enrich this outline, employing economic analysis of law methodology, the project will explore answers to an important research question emphasizing which applications of quantum technologies would be more likely to be prioritized for regulatory action. Furthermore, it will investigate whether providing additional incentives such as regulatory sandboxes would be more suitable to be used as a tool to foster innovation in certain application areas.

A significant aspect in the current scholarly debate constitutes whether and under which conditions state actors’ capabilities enhanced by quantum technology might be likely to be put to use in a manner that infringes on citizens’ rights. This also raises the question of whether imposing limits on the deployment of these novel technologies would be credible and feasible. Current attention by the US and the EU regulators focusing on the importance of post-quantum cryptography are relevant in terms of potential opportunities as well as risks associated with uneven deployment capacity. In light of previous (regulatory) successes and failures regarding emerging technologies, this project will seek to provide recommendations towards a common regulatory governance framework for quantum technologies based on a critical survey of existing governance strategies in the U.S. and in the EU, especially considering various potential negative social impacts.

Some have praised the forward-looking and risk-management approach that is progressively being adopted in the EU and in some respects also in the US regarding the regulation of emerging technologies, while others have criticized it for becoming too stringent and blocking innovation, particularly in areas that are likely to define our economic future and overall welfare. Proposing a transatlantic governance framework for quantum technologies, this project will aim to highlight the need for a balanced strategy that might be achieved with sensible guidelines that can accommodate the challenges and opportunities related to this domain while determining application areas where stricter regulation is most likely to be advised, but also indicating application areas that could benefit from an innovation-oriented regulatory environment, such as implementing regulatory sandboxes, could be the more suitable regulatory governance option.