The “double use” nature of quantum technologies means that it is necessary for the United States to keep its assets in safety.
In September 2024, the US trade department imposed export controls on certain emerging technologies, Including quantum computer science. Quantum computers are now considered “critical technologies”, which means that sales and transfers involving their components, materials or software now require a license to the United States’s foreign investment committee.
But because international cooperation is so at the heart of the advancement of the field, the panelists said that a more nuanced approach could be necessary. Cross -border collaborations affect many aspects of innovation, including the exchange of ideas, technology and students.
“International partnerships help us enormously,” said Awschalom, citing current and future agreements with Japan,, France And Swiss as examples.
Huq also spoke of the importance of global connections. He referred to the work of political scientist Jeffrey Ding, who argued that the simple development of revolutionary technology is not enough to ensure an economic advantage. Instead, solid infrastructure and shared standards allow a nation to harvest economic success.
“In the absence of (infrastructure and shared standards), it is very unlikely that innovation alone will generate economic prosperity or productivity,” said Huq. “If you think that Ding’s analysis is fair … then one of the export control problems is that they (they are) focused on the bad locus with regard to the conditions under which the technology diffuses and will be adopted to generate new types of productivity. The main thing that (export controls are) focused on the restriction of the flow of ideas, of capital through the brothers. ”
A more complicated problem is “considered exports”, or the sharing of technology or data with a foreign national in the United States, this can be as general as a researcher verbally discussing non -public research data with an international employee, which is then considered an export to the country of this employee – even if the conversation takes place in a laboratory in Chicago.
Huq was not sure to know how recent export control orders would affect exports considered in the field of quantum technology.
“It is not clear for me, looking at these export controls on their face and looking at technologies, what is the importance of the protections of the first amendment in this area,” said Huq. “And I will point out that an example of the application of the rules of the first amendment could be the question of whether certain types of academic conversations can occur in laboratories, for example, between an American citizen and a holder of green cards who is also a national of a country who is deemed concerned by the government – the most obvious example is China.”
“It is not clear to me that the conversations that could be swept away under the renowned export element of the September settlement are free from constitutional protection.”
Timing is important
Regulations too early can also stifle innovation, said Strahilevitz, contrasting the European Union’s legal approach with that of the United States.
“Congress is very slow compared to our friends in Brussels,” he said. “He tends to wait for a technology to be mature before starting to think about regulating. Early regulations can have real costs for innovation in Europe, but there are advantages in the point of view of the protection of individual confidentiality and dignitary interests. of this evolution, potentially giving a comparative advantage in the United States.
The round table attracted participants through the Uchicago campus, including fields of science, law and business, as well as quantum technological companies.
“What Chicago’s quantum exchange is trying to do is engaged in legal profession, the academic world and others that can help understand where we are today and how the law can work in tandem to protect what is built – and perhaps even accelerate,” said Karr. “When we examine advanced technologies that could change the way we act, we comply, learn and grow, regulations can have an impact both positively and negatively.”