This article is written by Mayank Kumar of 8th Semester of BALLB of University Law College, Hazaribagh, an intern under Legal Vidhiya
ABSTRACT
This article examines the debate on encryption law in digital law, which is affected by the developments in quantum computing. An important question is how to ensure that rights and freedoms are adequately protected in the digital environment, especially if the development of quantum capabilities will take place in many ways. Therefore, this article Takes Brazil as an example, a country with a long history of discussing digital rights and where the issue of encryption is currently being discussed in the Supreme Court.
This article consists of three main parts, starting with the content of the discussion of the concept of encryption law in digital law, especially in Brazil. Then, the article explores how the development of quantum technology has affected encryption, analyzing the technology and the geopolitical impact of society on quantum supremacy. Finally, it assesses the potential impact of quantum computing on the exercise of fundamental rights in the digital environment, examining three different approaches: the development of post-quantum cryptography standards, the transitional revision of the dome rules, and the further development of changes. . laws and administrative strategies, and international cooperation through binding and informal documents. Finally, the article examines the specific challenges that developing countries, such as Brazil, face in connecting policy debates to new and emerging legal issues of new technologies.
KEYWORDS
Digital constitutionalism, Privacy, Security, Right to encryption, safety, Data protection.
INTRODUCTION
The aim is to examine how the discussion of the understanding of digital legal systems will be affected by the development of quantum computing. It is clear that quantum innovations can revolutionize
computing in the future and positively affect areas such as finance, drug development, defense and healthcare. [1]
However, quantum computing also affects some encryption technologies in general, especially asymmetric encryption schemes, and this can have a significant impact on data protection management and digital rights. An important question in this context is how to ensure that democratic standards and human rights and freedoms are fully supported. While the research behind the development of quantum cryptography is still ongoing, it is worth noting that the development of quantum potential will take place in many ways in developing and emerging countries.
On the one hand, there are the needs of the police and national security institutions, and on the other hand, there are privacy rights, protection of personal data, and confidentiality of communications.
The article considers the potential impact of quantum computing on the satisfaction of fundamental rights in the digital environment and explores three different approaches to the problems it raises:
- Later development correction – quantum cryptography –Physical structure
- Setting the right local rules and continuing to develop legal and regulatory concepts; Finally, the article examines the specific challenges that developing countries face in communicating fundamental rights with new legal and regulatory issues arising from technology.
WHAT IS QUANTUM COMPUTING
Quantum computing (QC) aims to use subatomic particles to perform calculations much faster than the fastest classical computers known today can do, pioneering a new class of computers called quantum computers. It’s not just about cramming more processors onto a single chip for better performance. All major and emerging industries as well as many private entrepreneurs have joined forces to develop these new technologies and create challenges to compete and remain competitive in the world.[2]
Quantum computing represents a revolution in computing power and capacity. Unlike traditional computers that use bits to process basic information, quantum computers use quantum bits or qubits. These qubits use quantum mechanical principles such as superposition and entanglement to allow quantum computers to perform calculations that classical machines cannot. According to the latest data, the quantum computing market is expected to grow from $1.3 billion in 2024 to $5.3 billion in 2029, at a compound annual growth rate (CAGR) of 32.7%
This rapid growth reflects the increasing interest and potential of this new technology. But with great power comes great responsibility, especially when it comes to data security and encryption. Initiatives defined as digital rights are often aimed at cyberspace reinterpreting and extending traditional human rights such as freedom of expression, association, and privacy or by identifying and proposing new policies that emerge in the digital environment. Rights such as network access and net neutrality. It is still debated whether digital law leaders should strive to define all new laws, or whether these new laws are merely the result of rethinking and reforming existing rules and take into account the special nature of cyberspace.
QUANTUM COMPUTING IN INDIAN PERSPECTIVE
There is no specific law or regulation regarding quality control in India at present. However, the Ministry of Electronics and Information Technology (“MEITY”) is responsible for the policy related to Electronic Equipment and Internet (all matters except Internet Services).
In 2018, the Quality Control Research Programme received $27.9 million over five years under the National Interdisciplinary Cyber Physics Mission in the first meeting of the Quest Project (Quantum Information Science and Technology) in January 2019. In the next few years there is a way, which will
help in creating the best management system proper with the upcoming investment in the future. After three years, the Indian Space Research Organisation (ISRO) Research and Development Organisation (DRDO) is required to receive INR 300 crore from the Department of Atomic Energy (DAE) and jointly support Quest to ensure that India’s quality control leaders meet international standards[3]. The use of NMQTA will contribute to the development of quantum computers, secure Fiber optic and free space communications, quantum encryption and cryptanalysis, and other technologies. It will also develop next generation skills, foster international research collaborations, and support Make in India and Startup India programs. Entanglement Partners are affiliated with government universities like QpiAI, Qulabs.AI, QuNu Labs, IITs, IISc, etc. or other government agencies like DST, DRDO, etc. Foreign companies involved in quality control.
Digital Constitutionalism as the basis for limiting power in the digital realm
These challenges are particularly important given the digital environment, where private transnational actors and international organizations play a broader role in supplementing or even replacing traditional laws made by national governments. Discussions of digital law therefore often seek to consider the relationship and tension between the legal rights and benefits that pertain to specific groups versus the dimensions of law that are driven by territory and region. Community and territorial boundaries, with the dimension of legal governance,
Recognizing the existence of polycentric forms of globalization that transcend the boundaries of politics and legislation.
QUANTUM COMPUTING AND ENCRYPTION
Quantum computers are computer systems that system data based at the physical laws of quantum mechanics. A qubit is two quantum states that can simultaneously assume two independent states. according to the principle called superposition, and in this article the physics of quantum mechanics goes beyond quantum mechanics.[4]
Why quantum computers are important to know ?
They can work not only on the absolute value 0- or 1-, but also on all possible values, which is better. They work better than binary computers at some tasks The mathematical operations that quantum computers excel at are actually large numbers. The factoring problem forms the basis of one of the most important public relations strategies used today (RSA). This is because the quantum computer algorithm is called Shor’s algorithm, named after its author. In 1994, mathematician Peter Shor showed that using quantum computing, dividing large numbers can be reduced to a very time-consuming problem.
In short, this means that solving the gas Importance of large numbers would take days. Spend just a few minutes with a quantum computer. According to a 2019 study, a 20 million qubit computer could break a 2048-bit RSA system (the current state of the art in encryption) in 8 hours. It is worth noting that quantum computing may not be a real problem in the short term: most applications are still in the lab and do not pose a threat to the applications in use. As of 2019, the most powerful quantum machine can run with 128 qubits. A quantum computer would need to run billions of qubits to break the state-of-the-art RSA algorithm. McKinsey predicts that only 2,000 to 5,000 quantum computers will be in operation by 2030.
LEGAL AND REGULATORY ISSUES AND PROBLEMS ARISING FROM QUANTUM COMPUTING
The development of quantum technology is raising privacy concerns. Quantum computers need to be able to analyze and process more information than traditional computers. From a privacy law perspective, this will result in more personal data being processed more efficiently. This will create additional issues with existing privacy policy in determining whether data collection and processing is lawful. Since quantum computers use artificial intelligence (“AI”) to make decisions, who will be liable for any harm or damage caused by such decisions? Legal conduct is essential to ensure accountability. There is currently no law in India that recognizes intellectual property as a legal entity. The general rule so far is that AIs cannot guarantee their own capabilities because they are not capable of being natural or legal. Service contracts have changed significantly with the growth of SaaS, platform as a service (PaaS) and infrastructure as a service (IaaS) arrangement. This is likely to continue as quality control improves. Therefore, it is important to understand the fundamental issues/concerns of quantum power technology from a promising perspective.
Danger Side of Quantum Computing
In US, The National Institute of Standards and Technology (NIST) has developed a framework that will identify and develop cryptographic techniques to protect against attacks by quantum computers. Once complete (scheduled for 2024), businesses will need to adapt their cyber defenses to accommodate these “post-quantum algorithms,” especially in industries like financial services and healthcare that collect and process large amounts of personal data.
By law, current privacy and security cybersecurity regulations govern the principle of “appropriate security,” meaning that companies want to use appropriate measures and organizations to protect against basic attacks. But in a world where quantum computing is close to the mainstream, the concept of “reasonable” will change in the eyes of regulators and courts. So, businesses need to understand the evolution of quantum technologies and fully understand how their own data and the products of their supply chain partners are protected. They need to make sure they are using the most robust measures to remove personal data from their possession, and they can update their privacy notices to ensure that Quantum Shield is publicly available. Experts already worry about “decrypt now, decrypt later” attacks. These attacks could download and store entire machines in the hope that future quantum computing power will enable the “asymmetric” cryptography that powers public encryption keys today. Without quantum proof for cyber protection, companies could face liability for years to come.
Benefits of Quantum Computing
Quantum computing will allow for AI packages to process enormously large information units to remedy particularly complicated issues in shorter timeframes. Such developments can be ground-breaking in healthcare and medical studies in regions together with in diagnostic gear and predictive healthcare. Predictive analytics allows for large volumes of ancient and real-time statistics to be processed to create precious forecasts, predictions, and guidelines which benefits individuals and wider patient groups.
Legal issue of quantum computing
Related the Intellectual Property, as New technologies might impact by taking of AI, issues and problems regarding safety and Protection, concern over Data Protection
CONCLUSION
Governments and businesses should be prepared to develop quality control systems. They need to secure communications and financial markets while supporting these technologies to remain competitive, support social progress, create jobs and stimulate business growth. Quality control, backed by pioneering research, skilled employees and reliable financial support, leads to the development of a wide range of new applications in a wide range of printing fields and industries worldwide.
The development of quantum computing will not automatically lead to the demise of current cybersecurity and data protection, and it will not be illegal to continue the discussion on the acceptance of encryption as a technology. However, it highlights the importance of being prepared for this new situation. While the post-quantum cryptography process is a welcome development, it is important to remember that the complex geopolitical dynamics associated with the development of quantum technologies will further exacerbate the country’s power imbalance. On the other hand, the country also needs to be prepared to support the policy adoption of quantum-resistant technologies. In some cases, laws or regulations affecting privacy and cybersecurity may also need to be updated to take into account the latest Quantum computing represents an interesting technological step forward with the ability to radically remodel our society. but, it also poses large legal and ethical demanding situations that should be addressed proactively and responsibly. Twenty-first-century attorneys have a unique opportunity to play a pivotal function in shaping the future of this thrilling new technological frontier change environment.
REFERENCES
- https://www.nishithdesai.com/SectionArticleList/32/Areas-of-Service/4509/QuantumComputing.html#:~:text=From%20a%20privacy%20law%20perspective,in%20accordance%20with%20applicable%20law. (Last visited on 21st Aug,2024)
- https://www.internetlawyer-blog.com/quantum-computer-technology-laws/ (Last visited on 21st Aug, 2024)
- https://www.aoshearman.com/en/insights/the-opportunities-and-legal-risks-of-quantum-computing (Last visited on 21st Aug,2024)
- https://carnegieendowment.org/research/2019/04/implications-of-quantum-computing-for-encryption-policy?lang=en (Last visited on 21st, 2024)
[1] Nishith Desai Associates “Quantum Computing” https://www.nishithdesai.com/SectionArticleList/32/Areas-of-Service/4509/QuantumComputing.html#:~:text=From%20a%20privacy%20law%20perspective,in%20accordance%20with%20applicable%20law. (Last visited on 21st Aug,2024 10:28 PM)
[2] Law Offices of Salar Atrizadeh “Quantum Computer Technology Laws” (7th Aug 2023) https://www.internetlawyer-blog.com/quantum-computer-technology-laws/ (last visited on 21st Aug,2024 10:28 PM)
[3] Bijal Vakil “The opportunities and Legal risk of quantum computing” (May 12th, 2023) < https://www.aoshearman.com/en/insights/the-opportunities-and-legal-risks-of-quantum-computing> (Last visited on 21st Aug,2024 10:32 PM)
[4] Princeton University CITP “Implication of Quantum Computing for Encryption Policy” (April 25th, 2019) https://carnegieendowment.org/research/2019/04/implications-of-quantum-computing-for-encryption-policy?lang=en (Last visited on 21st Aug,2024 10:47 PM)
Disclaimer: The materials provided herein are intended solely for informational purposes. Accessing or using the site or the materials does not establish an attorney-client relationship. The information presented on this site is not to be construed as legal or professional advice, and it should not be relied upon for such purposes or used as a substitute for advice from a licensed attorney in your state. Additionally, the viewpoint presented by the author is personal.
