AUTONOMOUS AI GOVERNANCE Jean-François ELSEN AUTONOMOUS AI GOVERNANCE Jean-François ELSEN

SOURCE 0 - THE SEARCH THAT WAS ALREADY BUILT

A coalition of news publishers has asked a federal court to sanction OpenAI, alleging the company concealed for two years that it had already built the capability to search its training data and ChatGPT logs, and that it continued deleting logs after being ordered to preserve them. This note examines what the allegation illustrates about verifying a preserving party's own compliance, independently of whether the allegation is proven.

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AUTONOMOUS AI GOVERNANCE Jean-François ELSEN AUTONOMOUS AI GOVERNANCE Jean-François ELSEN

SOURCE 0 - THE RECORD THIS DISCOVERY ORDER DID NOT CREATE

A federal court has ordered UnitedHealth to hand over two years of records on nH Predict, the AI tool at the center of a Medicare Advantage coverage-denial lawsuit — while explicitly declining to decide, at this stage, whether the tool made the decisions plaintiffs allege it made. This note examines what a discovery order of this breadth can and cannot establish, and why the same structural gap runs through comparable disputes involving other insurers.

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AUTONOMOUS AI GOVERNANCE Jean-François ELSEN AUTONOMOUS AI GOVERNANCE Jean-François ELSEN

SOURCE 0 - THE SAME TOOL, THE OTHER SIDE

A tool already cited as a textbook case of a flawed evidentiary architecture is, weeks later, named by a government as one of the instruments of a cyberattack against its own agencies. This note carefully distinguishes what Taiwan has confirmed from what the private research that surfaced the case advances separately, then examines what this reversal of roles changes — and above all does not change — for the party subjected to the attack.

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AUTONOMOUS AI GOVERNANCE Jean-François ELSEN AUTONOMOUS AI GOVERNANCE Jean-François ELSEN

SOURCE 0 - AUTONOMOUS AGENTS AND THE EVIDENTIARY VOID

An autonomous agent's logs are not proof of what it did — they are an allegation made by the same system whose integrity is in question. This article examines a documented incident record to show why a security patch cannot retroactively establish prior agent state, and introduces SOURCE 0 WITNESS, the declination of the SOURCE 0 architecture that seals agent state at an independently isolated point of observation before that trust can be contested.

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PROBATIVE OPPOSABILITY Jean-François ELSEN PROBATIVE OPPOSABILITY Jean-François ELSEN

SOURCE 0 - THE UNDECLARED COMPONENT

Undisclosed communication modules found in Chinese-made solar inverters expose a structural gap in NIS 2 Article 21 supply chain security: entities take supplier declarations into account, but nothing fixes what was declared before the component is deployed. SOURCE 0 seals that declaration at the point of procurement.

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PROBATIVE OPPOSABILITY Jean-François ELSEN PROBATIVE OPPOSABILITY Jean-François ELSEN

SOURCE 0 - THE REGISTRY NOBODY HAD TO INVENT

AI governance keeps reaching for nuclear and chemical weapons treaties when it looks for a verification precedent. A lighter, working version has run since 1965: Articles 6 and 7 of the Hague Apostille Convention bind a certifying authority, distinct from the officer whose act it certifies, to answer any interested party — no standing required, no exception.

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