Post-Quantum Negligence: When Inaction Becomes Legal Exposure

Author: PQShield - Bewertung: 15x - Views:8941

Post-quantum risk is no longer a distant technical concern. It is an emerging legal exposure. In this episode of Shielded: The Last Line of Cyber Defense, host Jo Lintzen speaks with Darren Bender, a US litigation attorney and Chief Litigation Officer in the post-quantum cryptography sector. Darren introduces the concept of post-quantum negligence and explains how quantum threats intersect with foreseeability, duty of care, and negligence law. He walks through how courts may evaluate Harvest Now, Decrypt Later risk using expert forecasts, Mosca’s theorem, and the Learned Hand test. He also explains why financial services may be first to face litigation and what governance evidence organizations must begin documenting now to defend decisions made today.



YouTube Chapters:

[00:00] Intro

[00:35] Meet Darren Bender: Litigation Attorney and PQC Legal Expert

[01:08] The Regulatory Gap: Risk Without Private-Sector Rules

[03:05] EU vs US: Regulation, Case Law, and Cryptographic Duty

[06:28] Harvest Now, Decrypt Later and the Broken Breach Timeline

[08:54] Why Duty Becomes a Moving Target in Quantum Risk

[10:11] Foreseeability, Expert Forecasts, and Quantified Risk

[12:32] The Learned Hand Test Applied to Post-Quantum Migration

[13:04] Why Financial Services Hits the Negligence Threshold First

[16:25] What Courts Will Examine When Looking Back

[20:08] Painted Compliance and the Risk of False Quantum Readiness

[23:35] Multinationals, Regulatory Asymmetry, and Jury Optics

[28:06] Supply Chains, Vendors, and Joint-and-Several Liability

[31:58] Three Concrete Actions Organizations Can Take in 2026

[35:38] Treating Cryptographic Resilience as Infrastructure

[38:08] Where to Follow Darren and Closing Thoughts



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