As billions flow into quantum research, lawyers try to keep up with regulatory, security implications
Nobel laureate physicist Richard Feynman famously said during a 1964 lecture at the Massachusetts Institute of Technology: “I think I can safely say that nobody understands quantum mechanics.”
Lawyers might want to start learning about it.
A wide range of commercial and societal possibilities for quantum mechanics stand out that have important legal connections—particularly in the still-developing field of quantum computing, which is not yet available at a commercial level.
Proponents believe quantum computing will be able to help handle challenging computations that currently elude classical computers, allowing us to achieve breakthroughs in many different fields.
For instance, it could help us better understand diseases and develop more effective ways of treating or curing them; solve complex logistical and supply-chain uses, design new materials for a variety of purposes; or supercharge generative artificial intelligence training and machine learning.
Perhaps most importantly, the implications for cybersecurity could be massive, as quantum computing could render old encryption standards obsolete, forcing us to adopt more advanced methods.
The money is already flowing into this field: stablished companies like IBM and many startups are participating. McKinsey & Company reported in April that $12.6 billion was invested in quantum technology startups in 2025 and projected the market for quantum computing could be worth as much as $2.7 trillion by 2035.
“Seeing the technology being developed is incredible, even for someone who does not have a formal background in physics,” says attorney Hannah Parnes, who serves as head of policy at EeroQ, a Chicago-based company. As part of its research and development work, EeroQ focuses on quantum chip technology for managing the “qubit,” the fundamental carrier of information for quantum systems. Qubits have greater information capacity than classical bits.
“As a lawyer, it is exciting to be on the ground floor where laws are being passed and regulations are being drafted for the first time,” Parnes adds.
‘Dual Use’
Quantum science may represent nascent territory for lawyers, but its underpinnings are nothing new. For instance, in 2025, the United Nations held the International Year of Quantum Science and Technology to celebrate the 100th anniversary of quantum mechanics, an area of physics that applies to matter at the atomic and subatomic levels.
State governments and bipartisan support at the federal level have bolstered the field. Noteworthy is the National Quantum Initiative Act, which supports quantum research centers. It was passed during President Donald Trump’s first administration, and support for it continued through President Joe Biden’s administration and now the second Trump administration.
States have also started supported quantum enterprises. For example, official groundbreaking took place in September for the Illinois Quantum and Microelectronics Park, a planned 128-acre campus dedicated to quantum technology research and development.
“Things are moving so quickly in the field. It is a complex landscape, and questions arise: How do you balance collaboration with competition? How do you balance innovation with intellectual property?” asks David Awschalom, who is a professor at the University of Chicago’s Pritzker School for Molecular Engineering, a senior scientist at Argonne National Laboratory and founding director of the Chicago Quantum Exchange.
Quantum technology public infrastructure development is driven by legal issues—like export controls and responsible technology transfer, with national security concerns coming into play. “This is where we need help from experienced people in the legal world who can advise us,” Awschalom says.
Robert W. Karr Jr., a Chicago-based partner with Barnes & Thornburg, helped set up The Quantum Law Navigator, an online guide to help people understand legal issues relating to quantum computing. Created alongside Awschalom and CQE CEO Kate Waimey Timmerman, Karr describes the Quantum Law Navigator as a 10-chapter report “that maps the U.S. policy, legal, and regulatory landscape shaping the quantum industry [and] helps translate complex rules into competitive advantage.”
Awschalom, Parnes and Karr all highlight export controls as one seemingly arcane but important area of law that significantly applies to quantum technology development.
“Export controls are a critical area that lawyers in the quantum computing space must closely monitor—not only because they restrict the transfer of technology across borders, but also because they govern deemed exports, including the sharing of technical data with foreign nationals who may work on sensitive projects,” Karr says. “General counsel at quantum computing companies must evaluate each component of their technology to determine whether it is subject to restrictions under applicable export-control laws. Failure to comply risks civil and criminal penalties, denial of export privileges, debarment and reputational harm—any of which can be existential to the enterprise.”
And then there are national security and client security considerations, which are also overarching. Central to these concerns is that quantum technology is considered “dual use,” which means it can be used for both civilian and military purposes.
“Once a technology is labeled dual use, it triggers a cascade of questions,” Karr says.
In one particular dual-use scenario that Parnes describes, bad actors collect encrypted data that they know they can’t decrypt at the time and store it with the hope that in a few years, when they have a full-scale quantum computer, they will be able to decrypt it. The U.S. government is aware of this possibility, and the National Institute of Standards and Technology launched a multiyear competition in 2016 to come up with encryption algorithms designed to withstand assaults by future quantum computers. The government uses them, but many people don’t access them.
Parnes says lawyers can best serve their clients by advising them to implement one of these NIST post-quantum cryptography algorithms now, which will provide strong assurance for “competently safeguarding the confidential client information when we do get a full-scale quantum computer.”
Opportunity knocks
Even with these serious concerns, Karr, Parnes and Awschalom describe the current quantum sector as vibrant, exciting and supportive, best described as a collaborative ecosystem. Large quantum research and incubation facilities are being built or planned in a few places in the U.S., including Maryland and Colorado as well as the aforementioned one in Illinois.
“In this quantum ecosystem, we thought ‘How can we do this more creatively and build an ecosystem without the normal distinctions of academia, industry, national laboratories, and build tight collaborations between all of them to drive this field forward?’” Awschalom says.
Karr and Parnes both say working on and even just following the development of quantum and law offers lawyers professional enrichment.
“If you can grasp the laws, rules and policies that govern quantum, you can work across most areas of technology,” Karr says. “My advice to lawyers: Even if you are not practicing in quantum, follow this field—doing so will build a lawyer’s understanding of how technologies with economic and national security stakes shape legal risk over time. Today it may be quantum; tomorrow it could be food supply, water or any number of other critical domains.”
Parnes adds that lawyers needn’t worry about lacking a technical background and that there are ways to learn and skill up for the quantum space.
“Quantum technologies will impact many sectors of society and industry. Being informed about it can enable you as a legal practitioner to be engaged in a meaningful way,” Parnes says. “You can be involved, and there is a need for you to be involved.”
See also:
Quantum Leap? Development of new tech gives lawyers plenty to think about
Write a letter to the editor, share a story tip or update, or report an error.
