An explainability trace generated at scoring time can be produced in discovery. This post examines chain-of-custody requirements, forensic soundness standards, and the gap between technical explainability and legal admissibility.
Key Analysis
AI evidence requires chain-of-custody documentation from generation to production. The gap between technical explainability (causal traces) and legal admissibility is narrowing but not closed. Immutable storage of traces — append-only, with timestamps — strengthens evidentiary value.
Risk Signals
Overwriting or deleting explainability traces after disputes arise. Storing traces in mutable formats without hash verification. Producing only aggregate scores in discovery when trace records exist.
Action Items
Store traces in append-only tables with UUID primary keys and timestamps. Implement hash verification (SHA-256) on trace records at write time. Retain traces for the applicable limitation period in your jurisdiction.