Quantum technologies are reaching commercial utility and, beginning in the next decade, could reshape how we fight disease, run our cities, secure our data, protect the energy grid, guide ships and airplanes, combat fraud, and defend our country. But this transformative potential also complicates the sector’s interactions with legal frameworks, leading to layers of laws and regulations that can impede stakeholders’ access to global talent, foreign equipment, public funding, and more.
These challenges grow from quantum’s long and uncertain development timelines, scientific complexity, and relevance to national security. Scientists and technologists do not always understand the law, and lawmakers and lawyers do not always understand the science. This disconnect could hinder the development of a robust, sustainable US quantum economy by favoring large institutions who can afford legal teams while discouraging smaller, less-resourced institutions and innovators. If left unaddressed, this disparity could lead to concentration in the quantum market, limiting which innovations reach the public. Ultimately, the lack of diffusion through the US economy could cost the nation its global leadership.
To help address this, the Chicago Quantum Exchange partnered with Barnes & Thornburg LLP to develop the Quantum Law Navigator, a report that helps equip universities, start-ups, established companies, investors, and policymakers with the tools they need to begin to understand the complex intersection of quantum innovation and legal regimes.
The Navigator has two key aims. The first is to serve as a foundation for critical dialog between the quantum technology and legal communities by laying out the ways in which the quantum sector interacts with the law, identifying pain points, and mapping out opportunities. These conversations will be key to guiding adaptations that lead to responsible, productive growth. The second is to level the playing field by offering an introductory tool for quantum stakeholders of all types, sizes, and means.
How to Use the Quantum Law Navigator
The Navigator is divided into two sections corresponding to these aims.
Part I (Chapters 1 and 2) provides the framework for dialogue between the quantum and law sectors. It is 10 pages. This section lays out the arguments for bridging the quantum-law gap and examines the US policies, laws, and regulations that impact the sector. These laws are presented through the lens of the four core challenges faced by nations building a quantum economy. Many of the policies, laws, and regulations flow from or are related to these core challenges. They are: 1.) Safeguarding national security while fostering quantum innovation 2.) Securing adequate and sustained funding for quantum innovation 3.) Solving the growing shortage of skilled quantum professionals and 4.) Mitigating supply chain vulnerabilities, particularly those arising from heavy reliance on foreign components and materials.
This section is the recommended starting place for anyone who wants to understand how the law and quantum interact and why better aligning the two will strengthen the US economy and advance US leadership in quantum technology.
Part II (Chapters 3 through 10) is a tool that users should use as needed, turning to the sections they most need at any given time. It is organized by eight key legal concepts: Intellectual Property (Chapter 3), Export Controls (Chapter 4), Foreign Investment Controls (Chapter 5), America First Trade Policy and Tariffs (Chapter 6), Global Talent and Immigration (Chapter 7), Government Funding (Chapter 8), Venture Capital (Chapter 9), and Managing Financial Risk (Chapter 10). Each chapter begins by highlighting why the area matters to the quantum sector, then digs into compliance and other details before concluding with key considerations to guide strategy. Recent developments and other key points are called out in boxes throughout the chapters.
This section is for the start-up company that needs to know where to begin when it comes to venture capital or wonders whether it is too early to file for a patent. It is for the researcher who needs to understand the obligations associated with government funding or whether she should segment data storage now that she has an international student working in her lab. It is for the company struggling to import critical components, the innovators concerned about their confidential assets in the case of bankruptcy, and the quantum employers trying to make sense of visa and immigration requirements. Ultimately, it is for any quantum stakeholder who needs a starting point for understanding specific issues related to laws, regulations, and compliance.
A living document
The Quantum Law Navigator is intended as a first edition and the start of a larger initiative. This is an important and fast-evolving topic, and there will be more to examine and unpack in the coming months and years. We encourage readers to visit https://chicagoquantum.org/quantum-law-navigator and subscribe to receive updates on the Quantum Law Navigator project. We welcome ideas and feedback. Please reach out to the QLN team at QLN@uchicago.edu.