Quantum Information Technology and The Law

Abstract

Quantum information technology (QIT) encompasses a collection of emerging innovations-quantum computing, quantum communication, and quantum sensing-that leverage unique properties of quantum systems, such as entanglement, superposition, and quantization, in order to process information in ways that are either classically impossible or infeasible. While QIT remains in relative infancy, its potential for unprecedented computational speedups, security of communication, and ultra-precise measurement foreshadows its impacts and risks across economic, strategic, and societal domains. We situate QIT within both its historical and technological context, focusing on the question of what is sui generis or unique about QIT with respect to both technical detail and governance imperatives. We identify how the unique ontological properties of quantum systems may raise novel legal conceptual dilemmas and propose a governance-stack model that aligns potential regulatory instruments with specific layers of the QIT technical stack, enabling precise risk assessment and stakeholder-focused regulation. By adopting an information-theoretic lens, we analyze how QIT's novel affordances-ranging from decryption of classical encryption to ultra-precise sensing-may potentially impact legal domains. Our contribution aims to lay a foundation for understanding QIT's legal implications, offering a framework to navigate its opportunities and risks.

Keywords: Governance Stack, Information, Ontology, Quantum, Uncertainty