EVIDENTIARY GOVERNANCE Jean-François ELSEN EVIDENTIARY GOVERNANCE Jean-François ELSEN

SOURCE 0 : THE EVIDENTIARY BOUNDARY OF NON-ACTION

The law knows how to prove what happened. It does not know how to prove what did not happen. In autonomous AI governance, this asymmetry is not a procedural inconvenience — it is a structural liability gap. Logs record occurrences. They cannot record absences. An AI system that failed to alert, an operator who failed to intervene, a supervisor who failed to activate the override mechanism: none of these non-actions leave a trace in any audit trail. SOURCE 0 closes this gap through the Non-Action Governance Map — a pre-execution seal of the precise conditions under which intervention was mandatory, produced at T-0 by an independent authority. When those conditions are met and no intervention appears in the evidentiary record, the non-action becomes a legally opposable fact under the EU AI Act, the Product Liability Directive 2024, and NIS 2.

Lire la suite