The legal regime of quantum communication lines in free space

The article discusses the features of regulating communication in free space as a key technology for quantum communication. An analysis of domestic and foreign experience in regulating this technology has been conducted, which has made it possible to highlight the advantages and disadvantages of its legal regime compared to other types of communication. It has been proved that communication via free space has advantages over wired communication since it does not require using other people’s land or establishing an easement as there is no need for a wire to create an atmospheric communication channel, while at the same time it is impossible to establish a security zone around atmospheric communication lines to protect wired communication lines from construction on them. It has been proved that communication in free space has advantages over radio frequency communication, as it does not require obtaining a permit/license for the use of radio frequencies. However, atmospheric communication lines do not have legal protection against technical interference. In order to improve the legal regime for quantum communication lines in free space, it has been proposed to eliminate terminological ambiguity in regulatory legal acts, define atmospheric optical communication as a special legal entity requiring equal protection with other communication channels, include atmospheric optical quantum communications in the security zone system for communication lines and structures, and establish administrative liability for interference with laser communications analogous to radio frequency interference.