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31 Colum. J. Eur. L. 40 (2025-2026)
Towards a European Quantum Act: A Two-Pillar Framework for Regulation and Innovation

handle is hein.journals/coljeul31 and id is 44 raw text is: TOWARDS A EUROPEAN QUANTUM ACT A TWO-PILLAR FRAMEWORK FOR REGULATION AND INNOVATION Mauritz Kop' Abstract Quantum technologies, encompassing computing, sensing, networking, and artificial intelligence (AI) hybrids, promise transformative advancements but also pose significant dual-use risks. Realizing their economic potential while mitigating inherent risks and upholding fundamental values necessitates a robust, anticipatory, and harmonized regulatory framework at the EU level, grounded in the precautionary principle. Looking beyond the familiar, such a framework must be sui generis, as foundational quantum mechanical phenomena including superposition, entanglement, and tunneling defy the intuitive classical assumptions of factual certainty, locality, and causality that underpin existing legal paradigms. The unprecedented capabilities and risks stemming from these non-classical properties demand a tailored legal structure and bespoke regulatory architecture, contributing to the emerging lex specialis for quantum information technologies. This contribution outlines the rationale for a dedicated European Quantum Act (EU QA), responding to strategic imperatives such as the Quantum Europe Strategy. It draws valuable lessons from legislative strategies in the semiconductor (EUU.S. Chips Acts) and AI (EU AI Act, UK pro-innovation approach, U.S. AI Action Plan, and China's AI+ Plan) domains, as well as governance models from the nuclear sector (IAEA/NPT). A central aspect of this analysis involves a strategic comparison with U.S. and Chinese technology policy, which can be viewed through the lens of an emerging American Digital SilkRoad an effort to build a techno-economic sphere of influence by setting the global rules of the road. Understanding this analogy provides the EU with Mauritz Kop is the Founding Director of Stanford RQT (Responsible Quantum Technology) at Stanford University and a Senior Fellow at the Centre for International Governance Innovation (CIGI). He also serves as Expert at the von Neumann Commission. Contact: mkop@stanford.edu. 40