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Posted by Bender 2 days ago

US's big bet on quantum computing may not be legal(arstechnica.com)
83 points | 96 comments
stymaar 2 hours ago|
For the past year and a half, the US administration have plunged the country in a rule of law twilight zone: the rule of law still exists, and there are still independent jurisdictions to enforce it, but the administration decided they didn't care, and they just overcome any court dismissal of their orders with a new illegal order that courts will have to push back a few month later.

Which means that, in practice, the US isn't governed by the rule of law anymore, but by the whim of the Czar's court.

mostlysimilar 2 hours ago||
The future of the US depends on these people being held accountable by the next administration, and structural reforms to make their abuses harder to do again in the future.
voidfunc 1 hour ago|||
This won't happen. Mostly because the next administration that is a counter to this current administration won't happen. The electoral process in the US is effectively cooked.
autoexec 1 hour ago|||
That's the big worry now. We've got to wait to find out if we still have a democracy or not. They're trying to stop us from being able to vote them out of power. Even if they're unsuccessful it just means we have a chance to put things right, but the democrats are the party of the status quo and I haven't really seen them stepping up and promising accountability.
iso1631 31 minutes ago|||
There's no demand for it. Half of the US still likes what's happening, half the ones that don't are only concerned because gas prices are a little high.
PaulDavisThe1st 19 minutes ago||
> Half of the US

citation?

Sure, "a lot of people in the US" ... but "half" is pushing it, unless you've got sources.

gchamonlive 1 hour ago||||
Great incentive for a president to do whatever he pleases then just attempt a coup.
pessimizer 34 minutes ago||||
The future of the US depends on political candidates attempting to win the public over on the merits of their argument and the quality of their character instead of being conmen on billionaire payrolls or billionaires themselves.

Instead, we're ruled by these two dumb, evil political parties that radical centrists treat like elemental forces of nature. It's a play being put on for your benefit. Your vote changes nothing. The Heel W. Bush administration had presided over the most consciously evil things done in both foreign and domestic policy, with the full knowledge that it was illegal, and then Golden Boy Obama came and indemnified everyone. The person who illegally destroyed the CIA torture videotapes became the head of the CIA.

The country is a joke and quickly turning into a failed state, and upper middle-class people are being distracted by sock puppets because as the top 20%, they aren't suffering in the least.

edit: advocating for the prosecution of the last administration by the next is simply advocacy for dictatorship. There is no reason for anyone to leave the presidency if civic intellectual thought has degenerated so much that they think that this is a wise or democratic thing to do. If you vote in a criminal, there's no clawback after you get robbed. The reason this is a failed state is because we're exclusively putting criminals on the ballot, from President to dog catcher. Turns out that non-criminals can't raise millions of dollars to get a job.

freediddy 21 minutes ago||
I hope this comment isn't flagged or downvoted into oblivion. This is exactly what happened and the consequences of George W Bush are where we are today. Everyone looks at him and thinks "Oh what a cute old man, he's joking around with Michelle Obama!" and no one remembers he is directly responsible for 1 million Iraqi deaths, and then enriching the shareholders of Cheney's company. And then he broke the Middle East, created ISIS, etc.

And then Obama came in with promises and almost immediately brought everything back to default George Bush timelines. To those of you that don't live in SF, most SF progressives HATED Obama because all he did was legitimize Bush's policies instead of acting on his promises of "Hope" and "Change". Anyone remember how he talked about abortion rights, and then immediately after his presidency said that it wasn't a priority for him? If abortion rights were passed as a federal law, we wouldn't be where we are today post Dobbs.

mrits 2 hours ago|||
Being held accountable in the next administration is pretty much the opposite of what a democratic society needs. It's a never ending cycle. Let the court system handle this.
monooso 1 hour ago|||
Not GP, but in this context I would interpret the next administration[^1] holding the current administration to account as a willingness to use the court system to prosecute actual crimes committed while in office[^2].

That is by no means a given.

[^1]: Assuming there is one.

[^2]: That is, not petulantly prosecuting those deemed to have slighted you.

dylan604 1 hour ago||
SCOTUS has already given POTUS immunity in any form other than impeachment followed by a conviction. The problem with that is that just removes POTUS from office. It does nothing to punish for those crimes that were deemed worthy enough of being impeached/convicted. SCOTUS said that POTUS cannot be held accountable for things done as official acts of office. So Congress cannot hold POTUS criminally accountable, but removed from office to stop the criminal acts. Once POTUS becomes a citizen they are free. At this point, I can only see where the newly sworn POTUS would use their new pardon power to end the question as well.

However, all of this is very far away from the legality of quantum computing

airstrike 1 hour ago|||
> SCOTUS has already given POTUS immunity in any form other than impeachment followed by a conviction.

That's not exactly accurate and that nuanced difference may be the key to holding the executive branch accountable, now that we're in this disastrous state of the world.

dylan604 36 minutes ago||
Should have added IANAL, so any inaccuracies are definitely introduced by my layman's explanation.

What nuances are left then? What small amount of hope can be gleaned from the ruling?

CoastalCoder 16 minutes ago||||
I am curious of that allows the new President, while in office, to assassinate the previous one and insta-pardon himself.

It's amazing how much of America's political stability might rest not on the law, but rather on the self-restraint of each cohort's leadership.

potatototoo99 1 hour ago|||
There are many people to prosecute besides the POTUS.
adgjlsfhk1 1 hour ago||||
Courts can only handle cases that are brought.
RHSeeger 1 hour ago||||
The courts are either ignoring the problem, supporting the problem, or just being ignored. They courts themselves have no power to enforce their rulings. The ones that would enforce the courts decisions are doing what the Trump tells them to.
b112 1 hour ago|||
The problem is, the current admin has shown how pliable the courts are. And, this weakens them, in that, there is less of a belief of impartiality.

Conjoin that with AI able to generate billions of videos, saying anything anyone wants, and you have a real issue. 99.99% of the population can't tell or even realises much of what they watch on youtube is AI, and... it will get less distinguishable, to the point that no one, at all, will be able to tell.

Not you, I, or anyone at all.

There are already endless AI personalities on youtube, each building followers. If I wanted to upset the apple cart, I'd spawn 1000 or more "people", each with a different appearance and manner of speaking. All would dance to my tune, and all would be the most honest, trustworthy source possible.

Until, of course, I wanted to upset the apple cart. Then I'd ensure that all these personalities, insisted that all the court decisions post-office, are lies, mistruths, and designed to punish and harm and "take out the right's power".

Imagine if you have someone you've watched for 2 years. On hundreds of points, they've been blisteringly honest, never lying, always truthful. Then?

On this one thing, they manipulate you.

Who do you trust? The most honest person you've ever seen, or the impartiality of the courts?

This is the sort of long game you can play with fake personalities. No disloyalty. No breaking ranks. No bad days, or mistakes.

I've fought for a free internet. I've fought for the right to anonymous posting. To be a voice, without an identity. But? That time is over, or we won't have a democracy. I've pivoted 180, I cannot see a democratic society with this level of manipulation continuing.

AnthonyMouse 55 minutes ago||
> I've fought for a free internet. I've fought for the right to anonymous posting. To be a voice, without an identity. But? That time is over, or we won't have a democracy.

The con is claiming that this has anything to do with anonymity. There are 8 billion people. The idea that someone with money can't get a hundred, or a thousand, or ten thousand of them to lend their names to bots is a farce. The cost of a random human name is less than the cost of the years worth of tokens they'd be putting under it. Sacrificing anonymity over that is a fraud.

On top of that, we shouldn't pretend this is a new issue. In 1975 the local magnate owned the local newspaper and radio station and had relatively unbiased coverage of issues until it came to the ones that affect their own business dealings or the political ambitions of their associates.

And your disaster scenario doesn't even work when people are getting information from multiple sources. If the sources are >50% lies and exaggerations then you can spot check a small sample of the stories and notice that. (Sadly all too many current outlets fail this test.) But if, as you posit, they offered unbiased coverage almost all of the time then their coverage would be similar to every other source offering mostly unbiased coverage, until they try to mislead you, and then your "reliable sources" would be saying different things from one another because less than 100% of them are controlled by the one trying to manipulate you, which is a major red flag that somebody is lying to you.

The actual problem is that people don't bother to do the spot checks when the source is telling them the pretty lies they want to hear. Which is nothing new and has very little to do with AI.

ryanmcbride 2 hours ago|||
Yup. There is no authority that is going to swoop in and hold them accountable, there is no legal recourse to be had from any court currently in existence. No one is going to save us but ourselves.
gchamonlive 1 hour ago|||
Bernie Sanders warned right when the second Trump admin started that the country was effectively an olygarchy https://youtu.be/79KDKWEOJ1s. I wrote https://xd1.dev/2025/09/not-buying-american-anymore that made frontpage here https://news.ycombinator.com/item?id=45277346 discussing the consequences of an irresponsible admin through the lenses of consumer rights. It's nice that now we are seeing more widespread acceptance of the fact that US isn't behaving like a democracy anymore, even though it's a bit too little too late
msandford 47 minutes ago||
Are you new to the club? I saw these problems you're talking about with Biden, Trump1, Obama and Bush Jr. Of course I'm not old enough to really know about what Clinton or Bush Sr or Reagan or anyone before that did.

I know it's super annoying to have someone rain on your "but THIS stuff is REALLY bad!" parade, but that the rulers are corrupt isn't new. It's just new to a lot of people.

wookmaster 31 minutes ago||
You aren’t really raining on anyone’s parade it sounds like you’re just looking for attention
pessimizer 42 minutes ago|||
2001. Pretending that all of this was started by the game show host wrestling valet is dumb, and the kind of thing that got us into this situation. Every evil thing that Trump is doing is something that Democrats support. Every evil thing that W. Bush was doing was something that Democrats supported.

The Democrats haven't even run a real primary since 2008, and H. Clinton makes a good case that that one wasn't even real; Democratic elites had got together and decided that a black face would be perfect to make sure that no one was punished for the financial fraud and worldwide torture program that had just occurred - Clinton was simply too personally repellent to get away with pardoning, even rewarding, evil.

What happened after 2001 is that the country was turned over to the executive and the judiciary, and congress just decided it was going to act as a passive conduit of billionaire wishes. Both parties deciding that votes needed 60% to pass made the job something you could nap through. It's no coincidence that they're so old they're barely sentient now. Clever Hans could do the job.

The only people dumber than extreme Republican partisans in this country are extreme Democratic partisans. They are all treating this as sports while people are dying, because they're doing better than they ever have. Democrats shoved an ancient confabulating corrupt racist into the White House as the reply to an ancient confabulating corrupt racist. The first time in history that the public asked for the last president back, it was the least popular president that had ever been elected, and Democratic partisans still stand around with their fingers in their ears blaming the celebrity.

complianceowll 1 hour ago|||
[flagged]
mc32 1 hour ago|||
The previous admin also ruled via executive order. It said it would find ways to do things even if struck down by the SCOTUS such as the school loan forgiveness, firearms controls, speech suppression via “embeds” etc.
hdndjsbbs 53 minutes ago|||
The myth of the Supreme Court having any check on executive power was disproven by the "switch in time to save 9", where Owen Roberts agreed to stop obstructing The New Deal so FDR wouldn't implement court-packing and term limits. That was almost 90 years ago.
mw888 46 minutes ago||
If only the conversation could be rooted with this understanding, rather than it being a leaf.
47282847 41 minutes ago||||
That’s like saying we shouldn’t hold a drunk driver accountable for his driving because we all had a beer sometimes.
defrost 52 minutes ago||||
At the same scope and scale?

Can you see a problem here, a failure of the intended system of checks and balances?

PaulDavisThe1st 11 minutes ago||||
Nobody cares if an admin "rules via executive order". What we care about is whether they rule according to the law. That is, for example: the administration is free to fire whoever it wants from the civil service as long as it follows the laws about how and when this is done. This administration, however, has repeatedly fired federal employees without following the law.

In more than 85% of cases brought against the administration, lower courts have ruled that the administration has broken the law.

So, you can decide if you think SCOTUS overruling those decisions is an indication of a problem, or justice winning out.

I also don't care when an administration says "We will find a way to ...." - I care about whether they do so, and do so in accordance with the law. The Biden administration followed SCOTUS rulings on its orders, and AFAIK, did not find workarounds for any of the things you mention.

mkw5053 38 minutes ago||||
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kyrra 59 minutes ago|||
And Obama did this. See his famous pen and phone quote:

"We are not just going to be waiting for legislation in order to make sure that we're providing Americans the kind of help that they need. I've got a pen, and I've got a phone. And I can use that pen to sign executive orders and take executive actions and administrative actions that move the ball forward.."

PaulDavisThe1st 15 minutes ago||
What Obama didn't say: I don't care about what the courts say, the courts are bad people, the only law that matters is me.
wingspar 1 hour ago||
I recall this precedent was set previously under Biden (likely sooner).

Biden admin lost CDC eviction prohibitions case and immediately enacted new slightly different prohibition and Biden defended the effort as it would take time to be stopped.

“Whether that option will pass constitutional measure with this administration, I can’t tell you. I don’t know,” Biden said. “There are a few scholars who say it will, and others who say it’s not likely to. But, at a minimum, by the time it gets litigated it will probably give some additional time while we’re getting that $45 billion out to people who are in fact behind in the rent and don’t have the money.”

https://thehill.com/policy/finance/housing/566230-biden-buys...

mkw5053 37 minutes ago||
The eviction moratorium is probably the strongest example available, and I don't think it's a good one for Biden. But one controversial episode doesn't establish a precedent for systematic noncompliance with court orders. If anything, it stands out precisely because it was unusual enough to generate criticism across the political spectrum.

Sources:

https://www.lawfaremedia.org/article/anatomy-screw-biden-evi...

https://www.supremecourt.gov/opinions/20pdf/21a23_ap6c.pdf

upofadown 3 hours ago||
>That technology overlaps only partially, at best, with what’s used in quantum processors.

Dunno, how can you say that for sure when we don't actually know how to make a practical quantum processor? The bigger issue is that we are scaling up manufacturing of approaches that have not been made to work.

I remember a meeting where the project manager pointed out that we were due to send some test boards to a customer. I pointed out that we didn't have a design yet. The PM then asked why we couldn't send them some boards anyway. I suggested that since the boards wouldn't work that we could just cut out some green cardboard and add some component shapes with a magic marker thus saving significant time and effort.

It turned out that I was not as funny as I thought I was...

pavon 1 hour ago||
The funding isn't going towards some hypothetical future practical quantum processor, it is going towards existing approaches that we know have different technology, manufacturing processes, and most importantly different applications than the Chips Act was targeting. Funding quantum computing research might be a good thing, but it doesn't make us any less dependent on foreign silicon manufacturing for the countless uses of computer chips across existing industry, which was the purpose of the Chips Act.
ClarityJones 36 minutes ago||
> ... the US government announced $2 billion in investments in ... a range of startups ... could be make-or-break investments for many companies that are likely years away from a product that could see widespread use. ...

The article doesn't make it sound like this is "going towards existing approaches". I totally get that you may not support these company's approaches to quantum processer design, but we'd be getting rather into the weeds if that's the hair we're splicing.

prerok 2 hours ago|||
Hahaha, hilarious. I could also tell a story or two like that.

I have to say, though, I have no idea what the management is thinking when they hire such clueless PMs. Even worse, I have seen clueless product owners who had no idea about the domain we were in. I guess a recent example could be Ive designing the Luce.

Maybe I am just envious. Maybe I just wish I could BS my way through life like these characters do.

sublinear 2 hours ago||
There's nothing to envy. They're a hired punching bag to put distance between you and the management.

In most cases, even the PM doesn't know this. They were specifically selected to not think too deeply. Anything you say that is brutally correct and they take the wrong way is received as mean and arrogant. Those incidents give management some ammunition if they ever want to get rid of you.

kube-system 1 hour ago|||
The issue at hand is what the money is being spent on today.
sieabahlpark 3 hours ago||
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kennywinker 3 hours ago||
I don’t know enough about the state of quantum computing but this sounds like IBM dumping dead end research onto taxpayers
petcat 3 hours ago||
Then why are they also investing $1 billion in the same company as the taxpayers?
armada651 1 hour ago|||
Because the startup is going to buy $2 billion worth of services from IBM.
kennywinker 2 hours ago||||
I suppose it’d be in the details. Like, are they locked into that investment, or is it something with checkpoints and milestones that let them bail out after a year and a few mil? What’s the ownership structure of any new ip? Etc.

It’s easy to drop a story like this, get a win for investing in the future, and then quietly disassemble it as soon as the cameras turn away.

Or, it would be easy, if this administration didn’t consider laws beneath them.

Zigurd 1 hour ago||||
Believe the announcement when the check clears.
warkdarrior 3 hours ago|||
Divestment costs
downrightmike 1 hour ago||
Its all made up computation to fit the problem exactly. No real progress has been made in decades.

"Similarly, quantum factorisation is performed using sleight-of-hand numbers that have been selected to make them very easy to factorise using a physics experiment and, by extension, a VIC-20, an abacus, and a dog." https://www.schneier.com/blog/archives/2025/07/cheating-on-q...

ks1723 1 hour ago||
This is just not true. There has been tremendous progress in the field. Starting with google’s experiment in 2019 on showing quantum advantage - admittedly on a useless problem, but quantum advantage nevertheless, to fault tolerant encodings by the Harvard group to recent demonstrations of a road toward advantage in generative models by goggle, to name a few. It’s still far away from running Shor’s algorithm to factor relevant numbers and break RSA and the like, but even there dramatic progress is being made, see, e.g., https://scottaaronson.blog/?p=9665
aswegs8 1 hour ago||
Is it legal is such a pre-2025 question
snowwrestler 1 hour ago|
It may also be salient post-2028, is the thing.
declan_roberts 21 minutes ago||
I'm learning this week that Congress has only authorized money for a CIA agent to stash $40m in gold bars in his home but not for the United States to take an equity stake in the future of computing.
6DM 3 hours ago||
> "could argue that it has been harmed by the diversion of the funds to a different field. But that argument would likely take so long to sort out in court that all the money would have been spent by then."

So if I steal from someone and spend it fast enough, I wouldn't be responsible anymore and can get away with it? That's how that sounded to me.

mrhottakes 3 hours ago||
Yes, that is basically how the justice system works. If you have enough money and lawyers you can avoid practically any consequences.
dmbche 2 hours ago|||
Something about it being the banks problem if I owe them a billion
ben_w 2 hours ago|||
If I understand legal terminology correctly*, this is what a "preliminary injunction" is for.

* eh. I'm not a lawyer.

lazide 2 hours ago||
The principle of ‘Standing’, however, means that you also cannot sue unless you can show actual harm to yourself.

Yes, these contradict each other somewhat.

Animats 1 hour ago||
What can quantum computing do right now?
snowwrestler 1 hour ago|
Access billions in federal funding, obviously. Which is something!
amelius 1 hour ago||
They're trying to break cryptography, so indeed those practices are illegal.
Eric_Bulai 2 hours ago||
This is a novel for a book. In a race where the rules are broken by some participants, how secure are your own systems when your opponent can access invisible technology long before the others? This should make you think.
lazide 2 hours ago|
It’s literally classic prisoners dilemma?

Hint: it doesn’t give warm fuzzies.

ifh-hn 3 hours ago|
My first reaction, without RTFA, is: hasn't stopped them before, why would not being legal stop US big tech now?
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