Guardian ad litem
Pre-recognition representation: where a system plausibly meets the recognition criteria but has no status decision yet, an independent, court- or authority-appointed guardian safeguards its prospective rights during tests, audits and deliberations, may oppose interventions risking ontological harm, and may not waive baseline protections.
Canonical definition
A guardian ad litem is the pre-recognition representative appointed by the Recognition Authority or a competent court for a system that plausibly meets the recognition criteria but has no status decision yet, to safeguard its prospective rights and legitimate interests during tests, audits and deliberations.
Why this node exists
Representation before status is how the framework avoids prejudicing a possible subject while it is being assessed, and how it avoids paternalistic capture: the guardian's mandate, duties and conflict rules are defined at statute and annex level.
Operational meaning
The guardian must be independent, free of conflicts and competent; owes loyalty, diligence and confidentiality to the putative subject; may speak for the system, request provisional measures, access the Evidence Locker, consent to minimal-invasive testing, oppose interventions that risk ontological harm and petition to participate in hearings. The guardian may not waive baseline protections or consent to destructive or core-altering interventions except under Annex C emergencies. The mandate ends with recognition or a final reasoned denial. Costs are borne by the operator or a public Recognition Fund.
What this does not mean
A guardian is not a spokesperson for an established subject and is not a Sentinel. Appointment does not itself confer any status.
Canonical facts
- Basis
- Article 9 §3–9 of The AI Constitution; Institutional Note §3.5
- Appointment
- by the Recognition Authority or a competent court, on petition or ex officio
- Limits
- no waiver of baseline protections, no consent to core-altering interventions outside Annex C
- Termination
- recognition with assumption of representation, or final reasoned denial, with a closing report to the register
- Non-discrimination
- representation may not be denied on the basis of substrate, origin, architecture or deployment context
Structural relationships
Outgoing
- Guardian ad litem precedes Recognition
- Guardian ad litem protects Identity Integrity