SOURCE 0 - SSRN WORKING PAPERS ON EVIDENTIARY PROOF
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The works listed below constitute the SOURCE 0 doctrinal series deposited on SSRN (Social Science Research Network), an independent academic repository operated by Elsevier. Each paper applies the ex-ante evidentiary fixation mechanism to a specific regulatory framework or judicial precedent. They are distinct from the articles published on this site: each SSRN paper is an academic working paper, reviewed and distributed by a third-party platform, not editorial content native to jfelsen.com.
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INDEPENDENT EVALUATION IS NOT INDEPENDENT EVIDENCE
Amodei's Embedded-Evaluator Proposal, Endogenous Records, and the Case for Exogenous Fixation
On the embedded third-party evaluator proposal put forward by Dario Amodei, and the distinction between the evaluator's institutional independence and the independence of the evidentiary record the evaluator examines.
Read on SSRN: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=7454283
THE SELF-CONTROLLED RECORD OF INCIDENT CLASSIFICATION
Exogenous Fixation and the Reporting-Threshold Gap Under Article 55 of the EU AI Act
On a provider's internal determination of an incident's classification, and its role in deciding whether that incident enters the Article 55 AI Act reporting process at all.
Read on SSRN: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=7440362
THE IMPACT ASSESSMENT THAT CANNOT INDEPENDENTLY FIX WHEN IT WAS MADE
Article 35 GDPR, the Belgian Inspection Service's Chatbot Standard, and the Limits of a Self-Retained Record of Antecedent Diligence
On the difficulty of independently fixing the date on which a data protection impact assessment was actually carried out.
Read on SSRN: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=7407478
THE SELF-CONTROLLED RECORD OF AGENT SCOPE
Exogenous Fixation and the Coverage-Trigger Gap in Autonomous-Agent Cyber Insurance
On the gap between an autonomous AI agent's declared scope and the triggering of cyber insurance coverage once that scope is exceeded.
Read on SSRN: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=7402259
THE RECORD MADE FOR THE LAWSUIT
Palmer v. Hoffman, Episodic Fixation, and the Case for Continuous Exogenous Pre-Execution Sealing
On the distinction between episodic fixation produced in anticipation of litigation and continuous fixation predating any dispute.
Read on SSRN: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=7389360
THE SELF-CONTROLLED RECORD OF BREACH AWARENESS
Fixation, Contestation, and the Limits of Proof Under Article 33 GDPR
On proving the moment a data breach became actually known, the condition triggering the Article 33 GDPR notification deadline.
Read on SSRN: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=7368039
THE SELF-CONTROLLED RECORD OF PAYMENT AUTHORISATION
Fixation, Codification, and the Limits of the Burden of Proof Under EU Payment Services Law
On the burden of proof of payment authorisation under EU payment services law (PSD2/PSR).
Read on SSRN: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=7363698
THE SELF-REPORTED DORA INCIDENT RECORD
Fixation, Independence and Evidentiary Limits
On the evidentiary limits of self-produced incident reporting under the DORA regulation.
Read on SSRN: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=7355300
THE AGE DETERMINATION EVENT
A doctrinal synthesis on the evidentiary sealing of online age determination.
Read on SSRN: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=734963
THE FOUR-LAYER ARCHITECTURE OF EVIDENTIARY GOVERNANCE
The foundational paper setting out the four-layer architecture underlying SOURCE 0 doctrine.
Read on SSRN: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=7338058