Jurisdiction over Transnational Quantum Networks

Abstract

The international quantum communication networks develop; governance and legal jurisdiction remain unclear due to jurisdictional gaps in existing legal frameworks. Analysis of applicable accords, state practice, court judgments and domestic law related to digital infrastructure reveals minimal current governance explicitly addressing jurisdiction over global quantum systems. Results indicate specialized multilateral treaties are necessary to establish acceptable jurisdiction given quantum computing's novel abilities allowing exponentially scalable computing, cryptographically secured data transfers and precision metrology. Centralized supranational authority and distributed governance models reflect policy trade-offs for advancing global networks. Like historical technologies such as aviation and the Internet requiring years of legal development to mature, progressing quantum networks need focused creation of an internationally harmonized legal framework to balance security, sovereignty and innovation across a landscape holding tremendous transformative potential.