I’ve recently worked on fascinating projects with businesses and research institutes that specialise in quantum computing.

Reinventing the computer

For those who don’t know, quantum computing is reinventing how we do computing. Its abilities give it the potential to change the world in many ways. For instance, research institutes report that it will revolutionise fields such as materials science (the study of the properties and behaviour of materials and how they can be used to create new things), pharmaceuticals, and finance. It could also lead to new algorithms (step-by-step instructions that help a computer solve a problem or accomplish a task) and technologies we can’t even begin to think of.

New technology means new risks

Of course, being a new technology, no one really understands the risks of quantum computing, especially from a legal perspective.

What you get out of this post

This post explores new territory by identifying some of quantum computing’s legal risks. First, I introduce the technology and its real-world applications. Then, I reveal the legal risks. The post ends with final thoughts and how we can help you.

What is quantum computing?

To understand this concept, we need to know the meaning of the words that inform it.

  1. “Quantum” comes from quantum mechanics, a branch of physics that explains how tiny things, like atoms and particles, behave.
  2. Whereas “computing” means using a computer to perform tasks.

Putting these words together, quantum computing is a type of computing that uses the principles of quantum mechanics to perform tasks much faster and more powerfully than a regular computer.

How does it work?

Regular computing

A regular computer uses bits, which are like tiny switches that can be off or on. Let’s say the off switch is “0” and the on switch is “1”. Every computer you use, website you visit, or photo you capture comprises millions of bits in some combination of ones and zeroes. Like this: 100011100101.

Regular computing works well for most tasks, but it doesn’t reflect the way the universe actually works. In nature, things aren’t just on or off. They’re uncertain. And even our best computers aren’t adept at navigating uncertainty.

Quantum mechanics

Over the last century, when analysing atoms and sub-atomic particles, physicists discovered they behave unusually. In response, physicists like Niels Bohr and Max Planck developed a whole new field to try and explain them: quantum mechanics.

Quantum computing

For physicists to simulate the behaviour of the tiny particles, they needed a better way of performing calculations that could handle uncertainty. This is where quantum computing comes in.

A quantum computer uses quantum bits, or qubits, which can be off and on at the same time.

Superimposition

This feature of being on and off simultaneously is called “superimposition”. It empowers a quantum computer to explore many different answers to a problem simultaneously, making it much faster and more intelligent than a regular computer. The result is computing that can handle uncertainty.

Entanglement

The other thing that qubits can do is called “entanglement”. If you flip two coins, the result of one coin toss doesn’t affect the result of the other one. They’re independent. But in entanglement, two particles are linked together, even if they’re physically separate. If one comes up heads, the other one will also be heads.

Quantum supremacy

Further, researchers refer to the event where a quantum computer solves a problem that no regular computer can solve in a feasible amount of time as “quantum supremacy”. Currently, Google, IBM, Microsoft and Intel are battling to achieve quantum supremacy, with Google taking the lead.

Real-world applications

Materials science

Scientists could use quantum computers to design new materials with improved properties, such as increased strength or conductivity. For example, they could use the technology to figure out how to make strong, light materials that can help make:

  • cars and aeroplanes go faster,
  • buildings that keep people safe in earthquakes, and
  • solar panels and batteries work better.

Pharmaceuticals

Researchers could use quantum computers in pharmaceuticals to design and test new drugs more quickly and efficiently.

For instance, the technology could help researchers create drugs to prevent or kill diseases (like Alzheimer’s or cancer) or help our cells grow and work better. We can also use it to help figure out how to make medicine to help us heal faster and stay healthy for longer.

Finance

In finance, we could use quantum computers to increase optimisation, allowing financial institutions to make more informed decisions about investments and risk management; for example, to:

  • develop more sophisticated trading algorithms,
  • optimise portfolios, or
  • model the behaviour of financial markets.

Cryptography

Cryptography is a way of hiding information so that only the people who are supposed to see it can read it. It’s a bit like a secret code that only certain people know how to unlock.

For instance, if you want to send a secret message to your friend, you can use cryptography to encrypt the message so that only your friend can read it. The technology helps keep your information safe and private and makes it harder for others to read your messages without your permission.

Quantum computing can enhance cryptography by developing new, more secure encryption algorithms resistant to attacks by other computers. The outcomes would be better protected sensitive information that is secure from unauthorised access.

Machine learning

Quantum computers could train AI algorithms faster and more efficiently, allowing researchers to develop more advanced and capable machine-learning models. The results are:

  • more effective natural language processing algorithms,
  • improved image and video recognition models, and
  • better-designed recommendation systems.

Plus, researchers could use quantum computing to study the underlying mathematical principles of machine learning, helping to improve the performance and accuracy of algorithms.

Supply chain optimisation

We could use quantum computers to solve complex optimisation problems, allowing businesses to improve the efficiency and effectiveness of their supply chain operations and governments to improve service delivery. For example, they could:

  • optimise the routing and scheduling of transportation,
  • improve inventory management, or
  • reduce the risk of supply chain disruptions.

Another use is to study the behaviour of complex supply chain networks, helping to improve decision-making and risk management.

Identifying the legal risks

Information security

While quantum computing can improve encryption, it could also make the current methods of encrypting data much less effective. The reason is that quantum computers can solve specific problems much faster than regular computers. So, people could use them to break the encryption algorithms that currently protect sensitive data. What role should the law play in regulating the technology to prevent this from happening?

Data protection

A critical risk is that people can use the sophisticated algorithms of quantum computers to analyse and predict human behaviour in a way that undermines the principles of data protection law. Also, how would data protection authorities interrogate the reasoning models of quantum computers when the regulators already struggle to understand the workings of regular computers that use AI algorithms?

We need specific regulations, like the EU’s AI Act, to remedy this risk. Then, perhaps, the law could prevent this scenario from happening.

Cybercrime

Hackers could use quantum computers to create advanced hacking tools that are more powerful and sophisticated than currently available. They could use these to launch cyberattacks against individuals, companies, or governments. There’s also the risk of cyber espionage, where businesses unlawfully try to steal information from each other.

What’s the role of cybercrime law in preventing these attacks or holding hackers accountable for cybercrime?

National security

We all know nations continuously engage in cyber warfare, attacking others nations’ computers. Whichever nation reaches quantum supremacy first will win the arms race and have virtually unlimited power to attack another nation. So how could the law disincentivise nations from doing so?

Responsibility and liability

Here, the question is, “Who is accountable for the actions of quantum computers?”. Further, who is liable when third parties use quantum computers that they don’t own for unlawful purposes?

Competition

Only a select few organisations have the resources to develop the technology and will have use of it. This reality gives these organisations an unfair advantage. So, it may result in a call for updating competition law.

Intellectual property

The existential intellectual property question is: “Who owns the IP?”. Further, we probably need to consider how to deal with hackers who use quantum computers to steal or misuse intellectual property. Remember, the technology enables people to break encryption algorithms or other protective measures quickly and easily.

Contract

I’m going to introduce a concept you’ve probably never heard of: “quantum-secured contracts”. It’s only spoken of in select circles as it’s new and hypothetical. Yet, the thinking behind the idea is plausible.

An exciting example of a quantum-secured contract is a quantum-secured smart contract. It uses quantum-resistant cryptography called lattice-based cryptography to protect the contract against attacks by quantum computers. This security allows the contract to remain secure even if another quantum computer tries to break the encryption.

The question is how contract law will deal with this new type of contract.

Responding to the legal risks

You’d have noticed the legal risks of quantum computing are significant and under-investigated. So, it makes sense that we need to think more about the risks and figure out how to prevent them from materialising.

However, at the end of the day, governments, policymakers, and legal experts need to collaborate with the industry to ensure that the law keeps pace with the rapid changes brought about by quantum computing. By addressing these risks and challenges now, through agile regulation, we can reap the benefits of the technology while minimising its risks.

How we can help you

  • Know the data protection and information security implications of quantum computing by filling in our impact assessment.
  • Understand the legal implications of using quantum computing in your business or research by asking for our advice.
  • Get governance for quantum computing right by asking us to host a private governance workshop.
  • Manage your commercial relationships by asking us to draft and negotiate contracts related to the development, use, or licensing of quantum computing.
  • Manage intellectual property issues related to quantum computing by asking us for an opinion.