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We increasingly live in a digital world: platforms such as Facebook and X have changed our society. Now, quantum technology is on the horizon. But how do we safeguard citizens' rights and democratic interests with the development of new technology? Joris van Hoboken, professor of Information Law with a special focus on law and digital infrastructure, will investigate this question in the coming years.
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What is information law all about?

'It is a very dynamic area of law, also due to digitalization. I was enthusiastic about it from the moment I came into contact with it during my studies. It is quite broad and interdisciplinary, but at the same time, it is easy to explain its relevance: with disinformation on social media, the privacy of Internet users and questions surrounding the power of big tech companies. We live in a digital information society constantly changing due to new technology. It is essential that people deal with information based on democratic principles and that basic rules continue to apply.'

Which democratic principles are under pressure due to technological developments?

'The law tries to protect democratic values. For example, freedom of expression and social participation are critical democratic principles. How can you continue to defend those values in a society where social interaction and access to information are increasingly facilitated by  big tech companies? Another democratic principle is that people should be involved in developing technology that radically changes our society. It is not only Google, Microsoft, and governments that should have a say about that. Societies themselves should be able to direct their digital future.'

Have we missed the boat in shaping our digital future in the case of online platforms?

'That is what you sometimes hear in the discussion about AI. And it is indeed a good idea to think about these aspects earlier in the case of quantum technology. However, people may not realize that the potential impact of AI on society was already discussed in the 1960s. It can also be a lack of knowledge. Lawyers and researchers are often already thinking about the implications of new technology. But sometimes, unfortunately, it remains just knowledge; you need to get society, companies, and politics on board as well.'

Is there a lack of political decisiveness?

'In that respect, the EU has taken a new path since 2015. A new generation of rules has been formulated in the area of platform regulation for instance: the Digital Services Act and the Digital Markets Act. A stronger counterforce is being organized for digital platforms with a major impact on our society. Our research can also play a role in this. What does the existing regulation look like, and how do you enforce it? There are huge challenges there. It is also one of the main goals of our 'DSA Observatory' project. Apart from that, you can see that law is often being used at an early stage to perpetuate positions of power. Western governments are tightening their export rules, for example, to prevent China from becoming the market leader in quantum technology.'

Copyright: Joris van Hoboken
If quantum computers can do special things, how do you ensure they are used for good things?

What challenges are there in regulating quantum technology?

'With quantum technology even better sensors are being developed that may make it possible to see through walls. You may be violating privacy by doing so. In what cases can you use such sensors? The question of access is also very important. If quantum computers can do special things, how do you ensure they are used for good things? If these computers are powerful enough, you could use them to decrypt many forms of encryption. Then, the main means by which we secure our information on, say, WhatsApp or in electronic banking is suddenly less vulnerable to attacks. How do we ensure that a quantum computer serves the interests of society and does not harm it? Governments are already developing post-quantum encryption for when the time comes.'

Are democratic interests generally well protected?

'I am afraid that in practice, the law serves the interests of powerful parties particularly well. That's unsurprising because they have more resources to pay lawyers and lobby for new rules. For ordinary people, dealing with lawyers is usually unpleasant because it usually means you have a problem. However, companies use the law strategically to strengthen their position. That involves, for example, where companies locate or how data is handled in different countries. New tech regulations are especially influenced by the companies that need to be regulated. The right to privacy, freedom of speech, and democratic participation are protected in principle, but can still be threatened. Upholding these rights, especially with new technology, requires constant effort.'

What ambitions do you have as a professor?

'To continue to conduct leading research and provide high-quality input to policymakers and other stakeholders. But also, to guide and prepare a new generation of researchers. This starts with teaching. It is important that questions about law and digital infrastructure are increasingly embedded in education. This year, we are offering the project course Digitalization in the Bachelor for the first time. I am the coordinator of that course. Just as sustainability and Europeanization are important developments for law, so is digitization, of course.'