Audit logs, product liability and the witness problem
This morning: marking AI content, who pays when ChatGPT goes wrong, and why the AI writing its own audit log is a conflict of interest.
- 01
Article 50 now enforceable for generative AI
Providers must mark synthetic audio, image, video and text in machine-readable format. The rules apply even to systems released before 2 August 2026.
Why it matters for evidence: The marking tells you it came from AI. Proving it hasn't changed since is a separate question.
Source: complylayer.comOur explainer →
- 02
US courts test whether ChatGPT is a product
OpenAI argues ChatGPT is a service to avoid strict liability claims. The classification changes who bears the burden of evidence when AI causes harm.
Why it matters for evidence: Under the EU's new product liability rules, software is a product. The side without records starts on the back foot.
Source: reuters.comOur explainer →
- 03
AI Act meets MDR for medical devices
AI systems that are medical devices or safety components become high-risk under Article 6, triggering automatic logging, data governance and third-party assessment.
Why it matters for evidence: Post-market surveillance requires audit logs that hold up. Both MDR and the AI Act expect them.
Source: johner-institut.de (in German)Our explainer →
- 04
The witness was the suspect
An audit log written by the AI being audited creates a conflict of interest: a malfunctioning system could falsify its own trail. This undermines the log's evidentiary value.
Source: daily.devOur explainer →
- 05
Akamai's governance framework for AI agents
The framework recommends capturing input prompts, execution plans, tool calls with results, data accessed and final outputs to ensure traceability for agentic AI.
Source: akamai.comOur explainer →
- 06
Electronic evidence transforms maritime investigations
Shipboard technology reconstructs incidents and decisions. The broader challenge is preserving, authenticating and assessing electronic records for reliability in legal contexts.
Source: ibj-online.comOur explainer →