Development of the quantum technologies regulation

Back in early 2022, WEF highlighted the¹ risks of employing quantum computing:

1. The absence of the liable party for actions in connection with the procedures of transformation/change or control in the development or implementation of quantum computing technologies.

2. Security risks:

− Validation or authorization mechanisms based on existing cryptographic techniques, e.g. electronic signatures can be broken by quantum technologies. − Destabilization of critical infrastructure management protocols, including those based on blockchain technology. − privacy risks, data governance, etc.

3. Personal data risks:

− Cyber threats from quantum computers to personal data not protected by quantum- safe cryptography. − Using powerful analytics algorithms to predict or extract information without consent or authorization from datasets containing personal data, including by combining quantum computers with other technologies like AI.

4. Risk in intellectual property regulation: what tools (patent, copyright) and what elements of technology are protected, for what periods of² time the protection covers.

However, the regulation of quantum technologies in the countries of the world has taken a different path: its main task is not to reduce these risks, but to accelerate the development of quantum technologies, including through standardization.

The UK’s experience

In February, the UK became another country that expressed willingness to develop regulation of quantum technologies, but not to³ close the risks that WEF talks about. Earlier, the US passed the National Quantum Initiative⁴ Act (No. 115-368), which set a goal of developing quantum research and standardization in the quantum field, including cybersecurity and data protection issues. In China, another country claiming leadership in the field of quantum technologies, the world's first national standard “Quantum Computing - Terminology and Definitions” will come into force in 2023. Thus, both China and the US focused not on the risks and challenges of the technology, but on the standardization of concepts used in the quantum industry to accelerate its development. The UK supported this trend. In February, the UK expressed a willingness to develop regulation of quantum technologies, but not the closure of risks that WEF says. The following recommendations are made in relation to regulation in the UK:

1) Creation of testbeds and sandboxes that include regulatory components to identify and implement measures to mitigate the security challenges posed by quantum computers in the cryptography industry. 2) Launch of the UK Quantum Standards Pilot Network, including for standardization of quantum communications, including compatibility standards.

Russia’s experience

In July 2023, Russia approved the Concept of Quantum Communications Industry Regulation through 2030 to define the main approaches to regulatory regulation of the quantum communications industry, including quantum cryptography. It is planned to develop information security standards; national standards regulating uniform requirements for equipment, software and methods of their testing; consolidation of the conceptual structure of the quantum communications industry; research in the framework of experimental legal regimes in the field of digital innovations. Thus, at the current stage of quantum technologies regulation development Russian practice is in line with global trends.

From the monitoring issue No. 2, February 2024. Download the full issue (PDF) · issue page at the Gaidar Institute