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Document Type

Article

Abstract

This Article asserts cryptography to be a critical starting point, as it could be a task for limited scope quantum computers with severe consequences. This Article surveys the risks of quantum computers to encryption and the applicable policy and legal levers to address concerns. As this Article shows, lawmakers must reassess regulations for the exportation of cryptographic products for the quantum regime. For example, current export regulations focus on bit length–which quantum cryptography directly undermines. Further, current controls prevent dispersion of physical products, while a rapidly growing amount of classical and, particularly quantum, computing now takes place “on the cloud.” Finally, in the context of protective governance, policies will need to be put in place to facilitate post-quantum encryption deployment to critical industries. Beyond the realm of cryptography, many of these recommendations will also apply to other emerging application areas for quantum computing, or even to non-quantum emerging technologies.

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