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The implications of quantum computing and the law
Quantum computing isn’t necessarily an area that would appear to, at face value, have a significant effect on the law. It’s not: the implications are far more universal, with the capacity to revolutionise many industries, writes Professor Andrea Morello.
Andrea Morello
By definition, quantum computing is a type of computation whose operations can harness the phenomena of quantum mechanics, such as superposition, interference, and entanglement. Quantum computers exploit the laws of quantum physics to provide an exponentially larger computational power compared to existing (“classical”) devices that we use today. In time, it’s believed that this new breed of computing will have “quantum supremacy” — the ability to solve otherwise intractable problems that would be completely impossible on a classical device, no matter how powerful.
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Quantum behaviour does not simply make the computer faster but also radically changes its mode of operation, in the same way as an aeroplane is not just a faster car. Yes, it is very fast, but most importantly, it affords functionalities (flying) that a car fundamentally lacks. On the reverse, quantum computers are not going to replace classical ones for menial tasks, in the same way as aeroplanes don’t replace cars for grocery shopping.
The positive effects of quantum computers could be found in sectors such as healthcare, defence and data security, natural resources and climate systems, and financial services. Despite its “blue sky” potential, there is a possibility that quantum computers may be used for explicitly malignant goals, particularly regarding breaking data encryption.
Initially, quantum computers will not be a “democratic” tool: they will be in the hands of governments and large corporations. Countries with early access to quantum computers will have a unique advantage. Latecomers may suffer economic and national security consequences. For instance, a country, organisation or person with a quantum computer could circumvent the cryptographic defences of a standard device, causing concern for privacy and data security.
The power of quantum computing introduces some troubling potential legal consequences. In particular, the legal framework around data breaches will likely need drastic updates in the wake of quantum computers’ existence. The impact on the law of transformative technologies is not new or unique. However, the “esoteric” nature of quantum technologies poses additional complications for law practitioners.
To continue the aviation metaphor, quantum computers are now in a similar phase as aeroplanes in the days of the Wright brothers: some prototypes are being built and tested, but most people have never seen them or used them. When it came to aeroplanes, however, people could at least have a mental picture of what flying meant by watching birds. With quantum computers instead, only a few specialists grasp the meaning and nature of what they do. This will pose further challenges when trying to make sense of potential legal battles around IP litigations, fraudulent claims, and so on. The involvement of quantum computing experts in legal proceedings will become inevitable in the next few years.
While quantum computing is a recent advancement and will likely take a few years before it becomes widely accessible, its highly disruptive nature is expected to create new legal ambiguities and challenges. It will be increasingly prudent for the legal profession to stay up to date with technology — and, in particular, recognise that advances like quantum computing are radically transformative, and anticipate the inevitable “legal battlegrounds”.
Professor Andrea Morello is an electrical engineer and a quantum physicist and wrote this piece in collaboration with Unisearch.
