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.

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

SOURCE 0 - THE EVIDENTIARY BOUNDARY OF AUTONOMOUS ACTION

Autonomous AI decisions engage liability — but not through system performance. They become legally attributable only when a competent human authority has documented governance before execution. SOURCE 0 defines this evidentiary threshold as T‑0: the moment where human authorisation is cryptographically sealed by an independent authority. Without a T‑0 seal, an AI act has no author — and under the EU AI Act and the Product Liability Directive 2024, that is a liability without a ceiling.

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