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    June 12, 2025 Technology

    Lawyers should prepare for quantum computing

    Lawyers need to “start getting their arms around” issues that will involve quantum computers because already there are legal and policy implications, said Ryan McKenney, associate general counsel of compliance and director of government relations for Quantinuum.

    McKenny, who led the ABA-sponsored webinar “Quantum Computing and Cybersecurity: What is Reasonable Security in the Age of AI and Quantum?” said billions of dollars are being invested in quantum computers and pushing them towards commercialization. These new and powerful computers use the laws of quantum physics to solve problems that are either too hard or too slow for today’s regular computers, McKenny said.

    He said though they are still in “technological nascency” and will need time to reach their full potential, lawyers should start to understand how it will affect their clients or create new legal issues. 

    “You don’t need a detailed understanding of the technology to understand how important these machines are going to be when we think about AI, when we think about the next industrial revolution and the legal implications it will have on cybersecurity,” McKenny said.

    Policymakers have struggled with how to promote the positives of quantum computing while also trying to push government and industries to adequately protect themselves against the negative potential of a cybersecurity quantum attack, McKenny said.

    Risks include a quantum hack that would affect “every potential business and government agency,” he said.  “Obviously that’s very scary.”

    McKenny also said the race to create a powerful quantum computer to break forms of encryption is steadily advancing.  China is actively working towards it.

    McKenny explained that the encryption that protects your emails, bank accounts, government secrets and “basically everything depends on a specific type of math problem that is very hard and almost impossible for regular classical computers; however, a large enough quantum computer would be able to break these protections fairly easily rending current digital security more or less useless.”

    McKenny said whoever gets access to this powerful computer first could unlock mass amounts of data and “wreak havoc.”

    “Basically, all of the extremely important patent and trademarks many of us as lawyers help our clients to protect could be gone at the blink of an eye at the hands of a quantum attack,” he said.

    McKenny advised that lawyers should start considering:

    • IT challenges associated with the quantum-safe transition
    • How the law could regulate quantum computing generally and the threat to encryption specifically
    • Breach of contract
    • Negligence claims
    • Regulatory investigations
    • Reputational harm from quantum breaches
    • How a court or regulator could possibly find an organization negligent for failing to implement quantum-safe solutions
    • How companies can avoid litigation/government enforcement actions as quantum computers move from the lab to the market

    Some things lawyers can do to help thwart a quantum threat include having clients create a quantum-readiness plan to recognize vulnerabilities and begin forming a plan to protect data and future-proof IT systems. He said it’s also important to stay up to date with quantum advances.

    The webinar is available free to ABA members on-demand.

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