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Mircea Duțu: Along with AI Law, Quantum Law has a decisive impact on contemporary legal progress

(Translated from Romanian, www.juridice.ro – “Essentials”, 07.08.2026)

 

By launching two new courses beginning in the 2026-2027 academic year, namely Introduction to Quantum Law and Quantum Artificial Intelligence Law, as part of the “Artificial Intelligence Law” (DIA) master’s program, Ecological University of Bucharest (UEB) is paving the way, in Romania as well, for academic study and legal research in Quantum Law (the law of quantum or of quantum technologies – DTC). According to the official announcement, this step was taken in preparation for a new specialized master’s program to be organized and dedicated to Quantum Law, in anticipation of the European Union’s adoption of the Quantum Act (expected in early 2027), and in view of the need to carry out the official accreditation procedures for this new field of study. This new pioneering academic initiative establishes the Faculty of Law at UEB as a true center for disseminating knowledge and providing training in the law related to emerging technologies, which are part of the fourth scientific and technological revolution that will shape the legal framework of tomorrow’s world.

For a professional and insightful introduction to the topic, we spoke with Mircea Duțu, Professor Ph. D. h. c., Director Emeritus of the Legal Research Institute of the Romanian Academy and President of UEB, the initiator of the project and the founder of AI law in Romania.

Ovidiu Predescu – I propose that we begin our discussion by providing a more precise description of this pioneering educational initiative, which focuses on the legal aspect of the latest technological progress represented by quantum technologies. We are, therefore, witnessing a completely new development in the Romanian academic landscape, but what is the situation in other countries from this perspective?

 Mircea Duțu – Legal concerns related to quantum phenomena are everywhere in their early stages. Like in our country, there is still no master’s degree specifically dedicated to this field, but several leading universities are incorporating this specialization through research departments of excellence, master’s programs in digital law, or interdisciplinary laboratories. The Netherlands is considered the academic leader in this field, and its University of Amsterdam is regarded as the most advanced, thanks to the research group known as Law and Governance of Quantum Technologies, part of the IVIR Institute. It trains students in the field of quantum governance, cybersecurity, and related intellectual property matters.

In France, a department at the University Institute of University of Burgundy Europe (Dijon) is entirely dedicated to the legal framework of quantum technologies, University of Nice is promoting an interdisciplinary research project called Quant-SF, and Paris-Saclay University, through the QUANTUM group, encourages interdisciplinary bridges (such as the ARTEQ degree) that enable law and technical profiles to study the ethics and rules of the new technologies.

In the U.S., we can mention Stanford Law School as an example, with its Stanford Center for Responsible Quantum, which examines market laws, national security, human rights, and intellectual property applied to quantum technology.

Finally, University of Sherbrooke (Quebec), the cradle of the Canadian quantum ecosystem, is developing the interdisciplinary project Dialogue quantique (Quantum Dialogue); this program brings together the humanities and law in order to proactively anticipate the impact of quantum technologies on society before their widespread implementation.

It is not by chance that we chose the master’s program in Artificial Intelligence Law, which has been operating successfully at UEB’s Faculty of Law for several years, to be the pivotal program for initiating the study of Quantum Law at the university level in Romania, and taking into consideration both this cutting-edge teaching experience and the interconnections between the two fields of study and scientific research, as well as the prospects for future development. In addition, the specific topic will be included on the agenda of our University’s Center for Transdisciplinary Research on Ecological and Digital Transition, thereby complementing the perspective of academic training with that of scientific research.

 

O. P. – Beyond this innovative academic endeavor, and as a prerequisite for it, representing a major doctrinal breakthrough, is your assertion that a law of quantum technologies is taking shape, and is developing at an accelerated pace. What would be the defining characteristics of such a legal concept?

M. D. – Situated at the intersection of digital law, cybersecurity law, and the field of strategic sovereignty, DTC refers to all the rules – whether soft or hard law – that govern the research, development, commercialization, and use of tools based on quantum physics, which mainly cover aspects related to cybersecurity, technological sovereignty, and intellectual property. The aim is to address scientific uncertainty, the risks of breaches in current encryption systems, and the access to highly strategic infrastructures. The main legal challenges in this field relate to: data security (quantum computing power threatens current secret codes, urging States to develop and adopt new post-quantum encryption rules), intellectual property (patents related to qubits, the physical components of superconductors, and quantum computing software pose unprecedented challenges in terms of legal assessment and protection) and geopolitics and defense (quantum technologies are subject to strict controls on exports and to policies on technological sovereignty, particularly in Europe among leading technology powers).

Its dynamics are part of the developments initiated in the mid-2010s, when we witnessed a sudden surge in awareness and growing concerns regarding the geopolitical and technological challenges associated with quantum technologies, which was marked by the adoption of national quantum strategies and similar concerns at the EU level. Starting in 2016, the latter laid the foundation for regional coordination with the launch of Quantum Manifesto, followed in 2018 by Quantum Flagship, which aims to bring together research and innovation efforts in this field. Such developments have led to the adoption, in July 2025, of the Quantum Europe Strategy, which has multiple objectives but two defining dimensions: strategic autonomy and industrial leadership. Legislation on data protection, cybersecurity, and artificial intelligence, along with the organization of its own strategic objectives in the quantum field, have influenced and driven increased efforts to create a tailored regulatory framework, particularly through the future Quantum Act, scheduled for 2026. This text, which draws inspiration from legislative acts in other technological fields, such as the AI Act, will define technical rules, security standards, and market access rules, while also regulating the risks associated with the dual use of quantum technologies (civil and military).

Of course, the adoption of such a regulation, which would serve as a framework legislative act (the European Quantum Act), would mark the definitive, indisputable establishment of the law governing quantum technologies, alongside and complementary to the law governing artificial intelligence, within a predominantly European context and in line with the logic of an economic, technological and regulatory block (legal model). At the same time, at the international level, OECD Recommendation on Quantum Technologies of 28 May 2026 targets the benchmarks for the rapid development of computing, communications, and new quantum technologies.

These two laws – DIA and DTC – go beyond the general context of new technologies and are among those that transform society and bring about a change in the legal paradigm.       

 

O.P. – From this structuring perspective, what would be the first theoretical priority pertaining to this novel field of regulation and legal reflection?

M. D. – Clearly, this involves the necessary development of doctrinal approaches related to this new field of legal knowledge. In fact, in some countries, research of this kind has emerged and is being conducted within special research structures such as academic departments, relevant projects, think tanks, and so on. In any case, the crystallization of an ethical and legal framework for quantum technologies is required as a preliminary step toward the future legal discipline and specific regulatory sequences. Specifically, on the one hand, it is necessary to conduct research, using various legal techniques such as dynamic interpretation and interdisciplinary analysis, to understand the existing law in relation to the new requirements of quantum technological and social realities.

Therefore, it is necessary to assess the capacity of current legal models to efficiently integrate and express the issues surrounding the risks posed by the emergence and development of quantum technology. By analogy with regulatory and doctrinal developments in the AI field, important milestones for this initiative can already be determined, especially since quantum computers and other such tools will largely be hybrid with AI systems. A major aspect of the issue will be the reaction of the major legal and ethical principles that already exist, such as equality, non-discrimination, transparency, and good governance. On the other hand, and based on the conclusions drawn, the next step is to identify gaps and offer proposals to supplement the relevant regulatory framework with other appropriate legal measures and regulations. And both of these complementary theoretical aspects can prefigure the new legal equation.

 

O. P. – With this methodological and conceptual introduction, let us continue, Professor, our dialogue by focusing on a recent development in the law, in response to the challenges posed by a cutting-edge technology, namely quantum technology (based on a new computing method that will fundamentally change our existence and our understanding of the universe), with a simple, direct question: why now, and in this way, are two legal disciplines being presented in a preview of an exceptional master’s program?

 M. D. – In the context of new technologies, the quantum technologies in turn open up the prospect of a genuine industrial, medical, and security revolution through their ability to solve complex problems that have so far been impossible to address using so-called classical information technology. Its strengths, which lie in its exponential computing power (quantum computing), unbreakable security (cryptography and communications), and external measurement precision (quantum sensors) are shaping, alongside and in conjunction with other emerging technologies, led by artificial intelligence, the technological, scientific, and civilizational future of humanity. And like any major advance, the social response to the challenges generated necessarily involves the legal response as well, within the same equation of profound, transformative rupture. And just as the second quantum revolution is intertwined with the artificial intelligence revolution, the development strategies and related regulations are taking shape in a similar way and, furthermore, require regulatory design and academic study from a perspective of interdependencies and mutual intersections. Therefore, given the advance of the artificial intelligence’s societal and regulatory response (primarily at the European Union level) after the establishment of Artificial Intelligence Law (DIA), the Quantum Technology Law (DTC) or Quantum Law is also beginning to take shape.

Indeed, even though DTC does not yet exist as an autonomous branch of the legal system and a specific field of academic study and scientific research, but rather as an indirect, fragmented, and work-in-progress legal framework, the EU’s proposed Quantum Act (European Quantum Technologies Act) and the reality of technological developments are accelerating the process of structuring it, following the model adopted by DIA a few years ago.

As a pioneer in this field, understanding the imperatives of legal progress and keeping pace with European regulations, the Ecological University of Bucharest is taking an important academic step in this direction during the 2026–2027 academic year. Thus, in preparation for the anticipated master’s program in DTC, pending the adoption of Quantum Act and the completion of procedural formalities, we have added two courses, a preparatory course – Introduction to Quantum Technology Law – and an interdisciplinary course – Quantum Artificial Intelligence Law – to the existing DIA master’s program starting in the 2024-2025 academic year. A relatively rapid development, yet one that reflects the pace and scale of the impact of new technologies, which will soon achieve its own profile.

 

O. P. – The launch of the proposed DTC master’s program includes, as a required component, the quantum artificial intelligence law, a pioneering interdisciplinary subfield that is, in itself, an academic novelty. What exactly is this about, specifically in its regard?

M. D. – Between these two complex, multidimensional, and emerging legal disciplines, there are elements of continuity, overlap, and complementarity, both in terms of specific regulation (particularly at EU level) and in terms of academic study itself. From this perspective, quantum artificial intelligence (QAI) which technically combines the computational capabilities of quantum computers with machine learning algorithms, is an emerging and interdisciplinary field of research, as is the future quantum internet, which will have a decisive impact on all technical and scientific progress, as well as on the legal framework governing new technologies. Such synergy could revolutionize key sectors such as medicine (discovery of new drugs), logistics (optimization of supply chains), or finances (modeling of risks). At the same time, it highlights sensitive issues related to transparency, (legal) accountability, and security. There is already concern that future quantum algorithms will be so complex that it will become difficult, if not impossible, to explain their processes and, therefore, their decisions. One of the first lines of thought in this field, which adds to the arguments in favour of introducing a new course into the DIA master’s program, is based on the AI Act’s acquis, which classifies artificial intelligence systems (AIS) by their level of risk, combining this approach with a complementary classification of AI models. At the same time, RIA, which was designed before the rise of classical quantum hybrid algorithms, does not explicitly address the specific nature of QAI. In addition, AI Act does not apply to a certain number of sectors, such as defense and research.

The solution for the technical method that would also have implications in the field of university studies could consist precisely in extending transparency requirements to QAI systems by creating complementary certifications that confirm the resilience of algorithms in the face of biases or cyberattacks. This is all the more true given that classical checking tools cannot, for the time being, be directly applied to quantum models.

Thus, as an interdisciplinary field, DIAC captures and articulates, on the one hand, the legal and technological characteristics of AI’s emergence in the quantum field and, on the other hand, those of the latter’s involvement in the AI field.

 

O. P. – An important aspect of this issue is, of course, both as a subject of study and as a professional challenge, the impact of quantum technologies on the legal professions. Thanks to its particularities and, although we are still in the early stages of this plan, and in certain respects, preparations for its adaptation are already necessary, so the relevance of these academic initiatives is increasing considerably. So, what are the expectations from this perspective?

 M. D. – It is a topic that concerns us in proportion to its importance and that will be a priority on the agenda when drafting the curriculum for the new specialized master’s program. It has become an inherent requirement of academic training, regardless of the field of study, to take into account the latest technological developments; for this reason, a special course will address the impact of quantum technologies on the legal professions, in close connection with the impact of AI and in a unified perspective covering the various aspects of these new technologies.

Considering the substance of the issue, it is clear that such technologies will first and foremost disrupt the security of legal data, transform the analysis of evidence, and at the same time give rise to new and complex legal disputes that magistrates (judges and prosecutors), attorneys, and court clerks will need to master appropriately. Unlike artificial intelligence, which optimizes the existing tasks, quantum technology redefines the very infrastructure of the digital truth and the related technical accountability.

From this transformative perspective, it is acknowledged that the impact of the “quantum revolution” takes shape in the field around four major axes.

The first is the so-called “confidentiality crisis” and the obligation to migrate (cybersecurity), and it concerns the threat to professional secrecy (since quantum computers are capable of “breaking” current encryption algorithms – RSA, ECC – thereby calling into question the absolute confidentiality of messages exchanged between lawyers and their clients, as well as sensitive court data). Then there are the risks of “Harvest now, decrypt later” (meaning that cybercriminals are storing encrypted legal data today, expecting to be able to access it later thanks to quantum computers), which requires acquiring new expertise (namely, lawyers and court clerks must plan now for the transition to post-quantum cryptography – PQC – and if they fail to do so, the law firms to which they belong could face professional liability for gross negligence in the protection of personal data). I would like to take a brief detour here to get a clearer picture of the topic at hand, in the sense that post-quantum cryptography systems, along with generative AI, biotechnology, and so on, known as disruptive or frontier innovations and technologies, and more recently referred to as “total innovations,” are redefining the very foundations of human society, including the traditional legal environment in general and positive law in particular.

Second, an increase in “quantum litigation” is expected, driven by new specialized legal disputes. For example, we have the issue of liability related to quantum errors, given that qubits, being inherently unstable and sensitive to their environment, can result in computational errors; from this perspective, specialized lawyers will need to draft complex contracts to allocate the risks associated with such incidents. Then there are the aspects related to intellectual property; protecting algorithms or quantum material under current patent law proves to be particularly complex, requiring legal professionals with expertise in both technical and legal fields. In the same context, the dilemma regarding the relationship between international law and sovereignty also arises; quantum technologies, having dual-use applications: both civilian and military, are subject to strict export controls and complex regulations related to national security.

The prospect of transforming evidence management (E-Discovery & Metrology) is also particularly relevant. On the one hand, we are witnessing the absolute integrity of the evidence; with the introduction of quantum key distribution (QKD), law enforcement officers will be able to guarantee the transfer of legal documents and the traceability of digital evidence in a completely inviolable manner. On the other hand, we will benefit from extremely precise legal analysis; the quantum detectors (sensors)(metrology) will allow us to measure physical quantities with atomic precision. In this way, legal experts will have access to indisputable scientific data in cases involving environmental, industrial, and medical disputes and, why not, disputes related to artificial intelligence applications.

Finally, a form of “predictive justice”, fueled and invaded by quantum algorithms, will take shape and assert itself. Ultra-complex risk analyses will be available; Quantum Machine Learning (QML) will make it possible to analyze massive volumes of case law and behavioral variables at a speed far beyond that of classical computers. Furthermore, when it comes to decision-making support, law firms will be able to assess the chances of success in a lawsuit with surgical precision. But all of this also raises profound ethical questions for magistrates, related to the risk of algorithmic bias and the preservation of judicial independence. Of course, simply outlining such predictable and indisputable aspects serves to highlight the importance of the academic environment and of the issue itself. In fact, just like law and AI applications, Quantum Law, through its implications, concerns the general training of today’s and tomorrow’s legal professionals and is no longer merely a professional vanity, a way to keep up with trendy issues and contemporary and professional trends.

 

O. P. – As we conclude this discussion, which has focused on opening new horizons in Romanian higher education, I would like, Professor, to ask a question driven primarily by curiosity regarding terminology: why, of all places, is there such a strong emphasis on the most advanced, ultra-modern technologies at an “ecological” university?

M. D. – For a natural reason: environmentalism and ecology require constant monitoring and in-depth study and research into the relationships between humans and their living environment. The Ecological University of Bucharest is not simply a university “of ecology,” but a comprehensive, “ecological” institution, that is, one concerned with the entire spectrum of the existential, natural, and technological universe. Indeed, artificial intelligence and quantum technology are, par excellence, part of the cornerstones of the future planetary ecosystem, both individually and collectively, and all the more so because Quantum Law, along with AI law, marks a decisive milestone in contemporary legal progress.

 

O.P. – To conclude, Professor, I would like to congratulate you once again on your innovative and pioneering spirit, as well as on your courage in proposing new and revolutionary university courses, such as those announced on this occasion: the courses “Introduction to Quantum Technology Law” and “Quantum Artificial Intelligence Law” as part of the master’s program in “Artificial Intelligence Law” at the Ecological University of Bucharest. Also, I strongly believe that AI and quantum technologies, once integrated, will transform us humans from mere observers, as defined by classical physics, into participants in the grand theatre of the world we live in, as viewed through the lens of quantum physics and mechanics.

 

Prof. univ. dr. Ovidiu Predescu