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Quantum Cybercrime: Challenges in the Age of Advancing Quantum Computing Across the European Union, United States of America, and People’s Republic of China

  • Katarzyna Badźmirowska-Masłowska,
  • Wiktor Wilkołaski

摘要

The imminent development in the field of quantum computing threat has the potential to undermine current cryptographic protections, enabling new forms of cyberattack (e.g., ’store now, decrypt later’ strategies) and magnifying liability issues for governments, companies, and individuals. The paper examines how existing criminal and civil liability frameworks in the European Union, United States, and China address cybercrime in general and assesses their adequacy in a post-quantum environment. Drawing on legal sources (penal codes, directives, conventions, statutes) and scholarly commentary, this paper compares the substantive offenses (unauthorized access, data interference, misuse of devices, etc.), enforcement mechanisms, and tort-like duties in each legal system. The paper considers the role of encryption-related regulation (export controls, mandatory standards), and corporate accountability rules. The conducted research highlights both commonalities (for example, criminalization of hacking and malware in all systems) and divergences (such as the emphasis of the EU on cross-border cooperation versus the approach of China’s cyber sovereignty). Although entities taken into account recognize the core cyber offenses, few legal provisions explicitly contemplate the quantum threat or impose duties to adopt quantum-safe measures. In conclusion, a state of preparedness for the coming era is considered along with recommendations for areas needing reform, such as new statutory duties to upgrade cryptography and enhanced international cooperation.