Quantum communication: Breaking barriers or building roadblocks?

By Gaurav Sahay

Quantum communication has widely been recognised as the future of secure information exchange, offering the potential for cryptographic protocols resistant to conventional decryption methods and unprecedented data transmission speeds. This emerging field has garnered substantial interest from academic institutions, governmental bodies, and leading technology enterprises. Enter 2025, and quantum communication is at a pivotal stage, poised either for transformative advancements or facing technical and infrastructural constraints that may impede its large-scale implementation.

Concurrently, the legal and regulatory framework governing quantum communication is slated to evolve significantly. Policymakers and regulatory authorities are grappling with the dual imperative of safeguarding national security interests while fostering an environment conducive to technological innovation and commercial deployment. The current state of quantum communication in 2025 delves into recent technological breakthroughs, the legal and regulatory challenges confronting its adoption, and the prospective trajectory of this field in the years to come.

Advancing Quantum Key Distribution and Network Security

Quantum Key Distribution (QKD) has witnessed substantial advancements, with leading telecommunications entities successfully implementing QKD protocols within existing fibre-optic infrastructures to enhance the security of data transmission. Moreover, the development of satellite-based QKD networks has accelerated, with key geopolitical stakeholders—including China, the European Union, and the United States—initiating strategic projects to establish a global framework for quantum-secured communications.

The demonstrable potential of QKD in fortifying the security of financial transactions, diplomatic correspondences, and critical defence communications has catalysed significant investment from governmental agencies and private sector entities. This growing financial and strategic commitment underscores the increasing recognition of QKD as a pivotal component in the next generation of cybersecurity and national security frameworks.

Overcoming Distance and Scalability Challenges in Quantum

One of the biggest hurdles in quantum communication has been distance limitations due to photon loss in fibre-optic cables. However, recent innovations in quantum repeaters—devices that extend the range of quantum signals without compromising security—have dramatically improved the feasibility of long-distance quantum networks. In 2025, experimental quantum networks demonstrated data transmission over thousands of kilometres with minimal data loss, paving the way for developing an interconnected global quantum Internet.

Hybrid quantum-classical networks have transitioned from theoretical constructs to operational reality, facilitating the seamless integration of quantum encryption protocols with conventional communication infrastructures. This convergence has enabled the deployment of quantum-secured communications in critical sectors, including financial services, military operations, and government institutions, where preserving data integrity and confidentiality is paramount.

Concurrently, regulatory frameworks governing the implementation of quantum encryption are emerging, particularly in jurisdictions where robust data protection laws—such as the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA)—mandate stringent compliance requirements. These evolving legal instruments seek to address the intersection of quantum encryption with existing cybersecurity, privacy, and regulatory obligations, ensuring its adoption aligns with overarching legal and policy imperatives.

Regulatory Shifts and National Security Implications

Despite progress, quantum communication remains difficult to scale. Establishing a global quantum network requires massive infrastructure investment, including quantum satellites, repeaters, and secure nodes. While government initiatives and private-sector partnerships have fuelled research, widespread deployment remains challenging.

The cost of building and maintaining quantum networks is significantly higher than traditional communication methods, posing concerns about commercial viability. Many enterprises hesitate to adopt quantum solutions until costs decrease and tangible commercial benefits become clearer.

Quantum communication, particularly quantum encryption, presents significant regulatory dilemmas. Governments are grappling with policies to ensure national security while encouraging innovation. Legal frameworks surrounding the use of quantum encryption are still evolving, with concerns that adversaries may develop countermeasures to decrypt quantum-secured communications. Besides, a few nations have implemented strict export controls on quantum technology, similar to restrictions on cryptographic tools and cybersecurity software, which could slow down global collaboration.

Another critical challenge is the potential for quantum computing to break existing encryption protocols. While quantum encryption methods such as QKD offer security benefits, the advent of quantum computers capable of breaking RSA and ECC encryption raises concerns about data security.

Governments and international organisations are working towards post-quantum cryptographic standards, with regulatory bodies such as NIST, the National Institute of Standards and Technology, and ENISA, the European Union Agency for Cybersecurity, leading efforts to develop quantum-resistant encryption methods. Additionally, the deployment of quantum communication relies on highly sensitive equipment such as superconducting qubits, single-photon detectors, and entangled photon sources.

While advances in these areas have been notable, technical limitations still challenge reliability and widespread implementation. The legal implications of hardware security and intellectual property rights in quantum technology are also emerging concerns as companies and nations compete to patent key innovations.

Future of Quantum Communication and Global Cooperation

Researchers predict that ongoing collaborations between academia, governments, and tech giants will accelerate the development of quantum networks. AI-driven optimisation of quantum systems, improvements in quantum error correction, and breakthroughs in quantum teleportation may further enhance communication reliability.

Governments are expected to introduce clearer legal frameworks governing quantum encryption, cross-border quantum communication, and national security considerations related to quantum technology. As quantum hardware becomes more efficient and cost-effective, industries like healthcare, banking, and defence will likely begin integrating quantum communication into their infrastructure.

A critical area of legal scrutiny will be the development of international agreements governing quantum security, analogous to existing cybersecurity treaties. The formulation of cooperative legal frameworks aimed at standardising quantum-safe encryption protocols, safeguarding intellectual property rights, and facilitating secure cross-border data exchange will be essential in addressing the geopolitical complexities associated with quantum technology dominance. These agreements will play a pivotal role in mitigating jurisdictional conflicts, fostering global interoperability, and ensuring that the advancement of quantum technologies does not exacerbate international security tensions.

To address these concerns, international cooperation will be essential in establishing legally binding agreements that define best practices, technical standards, and compliance requirements for quantum-safe encryption protocols. These agreements must ensure the interoperability of quantum communication systems across jurisdictions while preventing regulatory arbitrage, where entities seek to exploit gaps between differing national regulations.

Beyond legal and regulatory alignment, these agreements must establish mechanisms for diplomatic collaboration in quantum security research, joint cybersecurity threat assessments, and coordinated responses to quantum-related cyber incidents. Given the national security implications of quantum advancements, it is imperative that legal frameworks incorporate safeguards against the weaponisation of quantum technologies while promoting their peaceful and ethical use.

Quantum communication in 2025 stands at an inflection point, on the brink of transforming global cybersecurity yet facing significant practical and legal challenges. While breakthroughs in QKD, quantum repeaters, and hybrid networks bring us closer to a quantum-secured future, scalability, cost, regulation, and national security concerns remain obstacles.

The years ahead will also determine whether quantum communication can break the barriers or continue to encounter roadblocks before reaching its full potential. Legal frameworks, regulatory policies, and global cooperation will play a defining role in shaping the future of quantum communication, ensuring that its benefits are realised while addressing emerging risks and challenges.

The author is Practice Head – Technology and General Corporate at Fox Mandal & Associates LLP.