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25 Nev. L.J. 1 (2024-2025)

handle is hein.journals/nevlj25 and id is 1 raw text is: 25 NEV. L.J. 1 A QUANTUM OF PRIVACY Anat Lior* Quantum technologies are on the brink ofbecoming the leading technologies in the upcoming years, withforecasts suggesting their imminent commercial avail- ability. In August 2023, Google unveiled a quantum-resistant security key, while NIST is progressing a post-quantum cryptography protocol. This Article sheds light on these highly anticipated advancements, particularly in quantum compu- ting, and explores the potential privacy implications that could arise alongside their development and integration into the commercial market. Itproposes a com- prehensive, long-term approach to addressing these privacy challenges early on, given the technology's nascent stage and current lack ofreadiness for widespread commercial use. This timeframe allows regulators ample opportunities to thor- oughly deliberate on an appropriate legislative framework that is viable, effective, enforceable, and impactful. The conversation surrounding the potential privacy risks of quantum technol- ogies is in its initial stages. This Article seeks to expand and deepen this discourse, particularly emphasizing quantum computing. It aims to achieve this by offering an overview ofvarious quantum technologies, outlining the potential harms fo- cusing on privacy concerns that these technologies might introduce, and high- lighting the deficiencies in the current U.S. framework to counteract these risks. Furthermore, it will delineate three phases of a policy framework that the United States could presently adopt to address the potential privacy risks associated with quantum technologies. The proposed framework consists ofthree interconnected stages that form a continuous feedback loop. This loop facilitates the implementation of the frame- work and enhances our understanding of these emerging technologies. The first stage focuses on quantum education to ensure widespread understanding within society and equip present and future policymakers with the essential expertise needed to develop meaningful legislation. Subsequently, as the first stage endeav- ors to cultivate a diverse cohort of experts in this domain, the second stage con- centrates on promoting robust industry standards through standardization, com- patibility, and transparency among the few companies operating in this sector. This phase also fosters the emergence of optimal privacy practices and norms in the quantum sphere. Building upon the insights gainedfrom the preceding phases, the * Assistant professor at Drexel University's Thomas R. Kline School of Law, an Al Schmidt affiliated Scholar with the Jackson School of Global Affairs at Yale, and an affiliated fellow at the Yale Information Society Project. I would like to thank Jack Balkin, Mark Lemley, Robert H. Sloan, Sue Glueck, Alessia Zornetta, Hilary Robinson, Christopher Yoo, Mauritz Kop, Leehi Yona, George Horvath, Colleen Chien, Asaf Lubin, Sarah Scheffler, David Schwartz, Rebecca Crootof, Josephine Wolff, Dolev Goldberger, and Orly Lobel for their helpful comments. I would like to thank the participants of the Privacy Law Scholar Confer- ence 2023, the Sixth Annual Junior Faculty Forum for Law and STEM, and the ISP community for their helpful comments. 1

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