chevron-down Created with Sketch Beta.

The SciTech Lawyer

Magazine Archives

The Legal Implications of Quantum Computing

Kaniah W Konkoly-Thege and Mark Jackson

Summary

  • No longer science fiction, quantum computers are anticipated to have commercial applications by 2025, with several quantum computing companies having already gone public.
  • Previously impossible problems in areas such as drug discovery, machine learning, natural language processing, financial analysis, and cybersecurity are expected to be solved by quantum computing.
  • Current abstractions about the ethics of quantum computing and its “Governing Principles" need to be made concrete and distilled into legal standards.
The Legal Implications of Quantum Computing
CasarsaGuru via Getty Images

Jump to:

Quantum computing is a new, interdisciplinary field combining physics, computer science, and engineering. Quantum computers will be able to solve several problems that classical computers find difficult. Working in tandem, they will therefore have an impact across many, if not all, parts of the economy, society, and life in general. The reason for using the future tense here is because most of what will be possible with quantum computers requires further research. As we will see, though, they are no longer the preserve of science fiction—they are here.

Quantum computers utilize quantum mechanics to provide extraordinary speedup for some algorithms compared to their traditional counterparts. As the development in algorithms progresses hand in hand with progress in the quantum computing hardware, the areas that may benefit from this speed-up expands. Already speed-up has been demonstrated in fields as wide-ranging as chemistry, artificial intelligence, and financial modeling. This has all been done using today’s so-called noisy, intermediate-scale quantum (NISQ) devices. Researchers are making progress towards what are known as “fault-tolerant” machines. These will be more capable of handling bigger algorithms and more data. This is where the real breakthroughs will start to happen. Yet, even with NISQ computers, breakthroughs are happening at an accelerating pace.

What began as purely academic research over five decades ago has matured into the hottest field in science and tech. There are now billions of dollars being invested in quantum technologies. An array of corporations is working on their own quantum projects. There are several hundred pure-quantum startups developing their own products. Over 50,000 quantum-related patents were filed in just the past five years. Quantum computers harness the unique physical properties of quantum particles—think atoms, electrons, or photons. These are used as the “quantum bits” in the computer, representing the 0s and 1s used for computing. However, unlike classical bits, which always represent either a 0 or a 1, qubits can be in a quantum state called “superposition,” where they may represent 0 and 1 and everything in between at the same time. Superpositions are described in terms of “quantum amplitudes,” which can interfere analogously to how waves do, constructively or destructively. Furthermore, the principle of superposition enables a uniquely quantum property, “entanglement.” Entanglement is the collective phenomenon stating that, in general, the description of the state of multiple qubits cannot, in general, be reduced to the description of the individual qubits. Finally, quantum computing is a fundamentally different model than classical computing because quantum computers are inherently probabilistic; the quantum amplitudes dictate the probabilities according to which outputs are sampled. Therefore, quantum computers take advantage of these purely quantum phenomena to store and process information in a novel way. Although they will not replace classical computers, quantum computers will be better suited than classical computers for solving certain complex problems with numerous variables, where these purely quantum phenomena provide a computational advantage.

It is helpful to consider which types of problems are expected to be solved more effectively by the development of quantum computers. One of the forefathers of quantum computing, the physicist Richard Feynman, is often quoted as saying, “Nature isn’t classical, dammit, and if you want to make a simulation of nature, you’d better make it quantum mechanical . . .” Much of the work in the field of quantum computing is in areas where the nature of the problem is quantum, such as chemistry, biotechnology, and materials science.

The most famous use-case so far for quantum computers is “Shor’s algorithm.” This is a quantum algorithm that provides a large theoretical speed-up to the ability of a quantum computer to rapidly factor large numbers. Factoring integers—working out which numbers were multiplied together to give larger resultant numbers—is a function used in “public-key encryption,” a common form of encryption used throughout the digital economy. The speed-up afforded by quantum computers will effectively allow them to break public-key encryption. That being said, the size and scale of a quantum computer capable of running Shor’s algorithm are still years away. Google CEO Sundar Pichai recently suggested a timeframe that indicates the late 2020s. Nobody is being complacent about this. Companies and standards organizations such as the National Institute of Standards and Technology (NIST) are working on quantum-proof encryption technologies. Numerous nearer-term possible applications for quantum computers will open up in the coming years, including molecular modeling, optimization applications, and scalable machine learning.

Quantum computers are still in their infancy. However, the computing power of quantum computers is proceeding at a rate much faster than Moore’s Law. This is the expectation first posited by Gordon Moore, the founder of Intel in 1965. It says the number of transistors that can be squeezed onto an integrated circuit will double every eighteen to twenty-four months. This doubles the effective power of a classical computer over the same period. Quantum computing power is increasing by as much as ten times each year. Several quantum computing companies have already gone public, with multiple others anticipated in 2022. Commercial applications are anticipated to arrive within three years. Some previously impossible problems are expected to be solved in areas such as drug discovery, machine learning, natural language processing, financial analysis, and cybersecurity. Yet it is already clear quantum will affect every area of science and technology, as shown in Figure 1.

Figure 1. Quantum will affect all areas of science and technology.

Figure 1. Quantum will affect all areas of science and technology.

There have already been discussions about the ethics of quantum computing as well as the “Governing Principles.” These abstractions need to be made concrete—namely, distilled into legal standards. The few academic essays published only scratch the surface of the various legal issues facing the quantum industry. The majority of the legal industry remains largely unaware of the profound implications that quantum will bring. The following issues will become increasingly important as the quantum field is commercialized.

Intellectual Property

IP and Technology

Technology’s rapid development is motivated by self-interest. An inventor knows that securing a patent on an innovative idea or product can be extraordinarily rewarding. Companies invest resources and capital to develop a product, which is hopefully profitable. This, in turn, allows for new investment. This feedback loop has been particularly beneficial for computing technologies, which have doubled in power every eighteen months, following Moore’s Law.

Quantum IP

Quantum computing was first described in practical terms about forty years ago. It was proposed to solve a class of problems that traditional, “classical” computers never could. There was prolonged academic research into the fundamental principles, the joke being that “practical quantum computing is only ten years away—for thirty-five years.” Around 2014 the field saw the creation of the first quantum startups. These adopted an unusual hybrid research model: The research ecosystem was jointly academic and commercial. In terms of commercializing the science, this has worked well for researchers, universities, national laboratories, and the commercial sector. Meanwhile, it has created novel challenges in finding a balance between the goals of IP and patent ownership, publishing, and licensing.

The quantum computing ecosystem is rapidly developing a measurable presence beyond academia. The growth has come in large part through private sector investment. A February 2022 RAND Corporation report found that private industry is driving quantum technology deployment within the United States. There are at least 182 companies—from ten-person startups to large technology companies—with a variety of technical approaches and applications. Fault-tolerant quantum computers are still years away. They will depend on multiple step-changes in technical advancement. However, with one eye on future value creation, early adopters are already gaining critical expertise and developing valuable intellectual property that will put them at an advantage.

Rapid development work has resulted in an explosion of patents in the areas of quantum hardware, software, and algorithm development, along with other quantum technologies. Certain groups within the quantum ecosystem have begun to push for patent pooling to drive standards and avoid infringement claims. The benefits of patent pools, when structured correctly, can accelerate new product development by enhancing efficiencies, lowering costs, and avoiding litigation.

Patent pools are typically defined as an agreement between two or more patent owners to license their patents to one another or to third parties. A portion of the licensing fees collected go to each member in proportion to each patent’s value. These pools provide access to complex, innovative technology on standard terms. Further, many practitioners believe that these pools incentivize innovators by further funding research and development work and provide a single license to a wide variety of patents at a known cost. However, the lack of industrywide standards and the overall nascency of the technology have resulted in relatively few interested parties. Further, quantum startups must also contend with investors focusing on the value of their portfolio.

Another recent trend has been toward open-sourcing quantum software. Quantinuum has recently released open-source versions of its TKET quantum software development kit as well as its Quantum NLP toolkit, Lambeq. These tools allow the community to work directly on the major quantum hardware platforms without requiring specific knowledge of each. The community both benefits from and contributes to these efforts, accelerating their development and improving the quality of the codebase. Commercial applications can be built on top of these open-source tools. Open-source software comes with its own set of legal considerations. Care needs to be taken in choosing an open-source license. With over 200 types that can be applied to software code, it is important to avoid confusing contributors.

Finally, there will need to be a distinction between the method used to create a product—such as a drug, or material—and the product itself. Some of these methods may need to be regulated, such as the use of quantum computing for defense, or have the ability to produce provably secure random numbers, which is essential in cryptography.

Quantum Natural Language Processing

Why NLP Is Important in the Legal Field

Natural Language Processing (NLP) is a subfield of machine learning. It translates “natural” human language (spoken or written) into a structure processable by a computer. Familiar examples include Google Translate, Amazon Alexa, Apple Siri, and chatbots. NLP promises to go even further by offering a route to profoundly transforming virtually all aspects of society. NLP is revolutionizing the early diagnosis of diseases such as sepsis and cancer by giving machine learning tools access to the unstructured data contained in electronic patient records. A similar approach to analyzing unstructured data in scientific journals is accelerating the discovery of advanced novel materials. More intuitively, NLP is driving progress in speech recognition and seamless human-computer interfaces. And advances are even being made thanks to NLP in genomic analysis to predict viral mutations. This is based on a direct correspondence between linguistic syntax and semantics and the structure and behavior of proteins.

Why Quantum NLP Will Be Different

In 2016 Bob Coecke and Will Zeng of Oxford University developed a direct correspondence between the meanings of words and grammatical structures, and quantum states and measurements. Figure 2 visualizes these corresponding relationships, the upshot of which is that quantum computers can be programmed to run NLP algorithms in a far more intuitive way than the classical field of NLP.

Figure 2. Word meaning and grammatical structure relate in a way that
corresponds to quantum states and measures.

Figure 2. Word meaning and grammatical structure relate in a way that corresponds to quantum states and measures.

Using their “Quantum NLP” or “QNLP” framework, once the meanings of words and phrases were encoded as quantum states and processes, they were able to prepare quantum states that encode the meaning of grammatical sentences on quantum hardware. Posing a question to the quantum computer, constructed by the vocabulary and grammar the quantum computer has learned, it returned the answer. In subsequent work, Coecke and colleagues developed ways to implement such QNLP models on today’s NISQ devices.

This compositional way of endowing grammatical structure to the quantum model may help to validate and verify the model’s performance by giving the model the means by which to be interpretable. It will also provide insight into the inner workings of the model in regulated sectors such as finance, legal, and medicine, where transparency is critical. By contrast, classical algorithms in NLP and the broader field of machine learning have raised concerns due to their “black box” nature. In legal terms, it is hard to understand how a machine learning system has come to a certain prediction or decision. Coecke and his team argue that quantum computers can enhance NLP thanks to discovering that language is “quantum native.” He suggests this will move the world away from the opaque “brute force” techniques at the heart of current NLP.

The legal applications of NLP are many, and the advancement that Coecke and others are making will have profound impacts on the legal field. They may, for example, increase the average person’s access to the legal system, thus helping to close the access to justice gap. QNLP may also help to reduce the incidence of contract disputes. Vagueness in language is a significant cause of unintended interpretation. In today’s increasingly networked society, contracts need to be understood by parties operating in different languages around the globe. Predictive NLP models for court decisions were 79% accurate in 2016 and are becoming increasingly accurate.

Likely the most common use for NLP in the legal field has been document review. In corporate litigation, millions of documents may need to be reviewed for relevance. E-discovery systems collect, analyze, and store millions of documents for pre-trial discovery. These documents can range from memos and contracts, blueprints, and CAD drawings, to instant messages and email. As a result, they are challenging to categorize. QNLP will allow for streamlining legal research, helping litigators develop their cases earlier thanks to its potential for speed, accuracy, and intuitiveness. Further, QNLP will help draft and analyze legal documents, automate routine tasks, and predict rulings. While online legal databases have been available for decades, QNLP will help streamline the research process and anticipate the most relevant findings to a favorable ruling. There is already an app “DoNotPay” that uses NLP to automate the litigation and defense process for a variety of scenarios.

Cybersecurity

The Importance of Cybersecurity

As information storage and analysis have moved increasingly online, cybersecurity has moved to the forefront of legal consideration. Privacy violation or financial loss through hacking prompts assignment of guilt including breach of contract and negligence. The implications for security are then immediate: Gaining control of a computer system can mean compromised critical infrastructure, or damage to financial, or healthcare systems. As cybersecurity (and hacking) technology develops, so too must the legal system.

How Will Quantum Computing Affect Cybersecurity?

There is a close relationship between quantum computing and cybersecurity. One of the first quantum algorithms invented, Shor’s algorithm, factors numbers into their constituent primes. This is significant because the RSA algorithm—the basis for much of the internet’s cybersecurity—uses such factoring as its mathematical foundation. Conventional computers require vast time and resources to factor very large numbers. It is straightforward to use numbers that are sufficiently large that there is no realistic prospect of building a classical computer that can factor them. On the other hand, quantum computers running Shor’s algorithm gain power exponentially with the addition of qubits. At some point, a quantum computer of sufficient power will run Shor’s algorithm and undermine the foundations of RSA encryption. This is already the subject of much attention, and alternative algorithms are already being developed. Nevertheless, there is a very real possibility of “quantum hacking” in the coming years, and indeed it is already accepted that encrypted material sent over the internet today can be intercepted and decrypted later using a quantum computer—a so-called hack now, decrypt later attack. The ability to break public-key encryption and thus expose the secrets of every person, corporation, and nation-state is legally alarming. This risks impacting everything from military communications to bank accounts to private emails.

Confidential information must be protected from “bad players” such as criminals or terrorists. This is particularly true when the stakes are very high, such as when protecting the privacy of a whistleblower or witness. Fortunately, there are already new “post-quantum” cryptographic algorithms being developed that are believed to be invulnerable to both classical and quantum-based attacks. These algorithms are being studied as part of a multiyear NIST program to find quantum-safe algorithms optimized for different use-cases. NIST is currently considering seven finalist algorithms. It is expected to announce at least one winner in the next few years.

There are also quantum communication technologies being developed that offer stronger security guarantees than their classical equivalents. For instance, “quantum key distribution” networks transmit quantum data and exploit the laws of quantum mechanics that make undetected eavesdropping and tampering impossible. These networks are already being developed using fiber optics or satellites and lasers, including the Chinese “Micius” satellite launched in 2016. In parallel work, quantum-generated encryption keys are now commercially available that support standard and post-quantum algorithms. These keys are superior to their classical counterparts because they are generated from a verifiable quantum source, which makes them provably unpredictable.

Such advances in communications security raise legal questions that do not have an obvious answer. Governments may find they encourage adoption of such standards for others, while continuing to grapple with the desire to uncover threats and to eavesdrop on adversaries. It may turn out, in the long run, the laws of physics prevent such security activity.

In addition to quantum cybersecurity technology itself, investment in the sector has also become a legal focus. Foreign direct investment (FDI) and cross-border M&A are coming under increasing scrutiny worldwide, particularly where sensitive or “emerging” technologies are concerned. Foreign investors and companies focused on the quantum computing sector should ensure they are well-advised on these rules sufficiently prior to entering into discussions to raise foreign capital in fundraising or acquire or sell to foreign investors.

Conclusion

Quantum computing will have a significant impact in the coming years. It will affect the whole of scientific and technological progress, as well as many of the trappings of the modern economy and society as a whole. The legal aspects of intellectual property, natural language processing, cybersecurity, national defense, and others will each need to evolve to match the technical development. Lawyers interested in this area should contact technical experts to develop policies rooted in sound scientific basis.

    Authors