The Emergency Algorithmic Trap: Structural Negligence in AI-Driven Governance — A Zero Leap Theory Analysis of Consent, Explainability, and Accountability in Automated Decision Systems

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Authors: DANNY YUBI DAGOGLIANO
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Abstract

Algorithmic decision systems—deployed for criminal justice, credit scoring, content moderation, hiring, and social governance—exhibit a predictable failure mode: systems introduced as "pilots," "supplements," or "efficiency tools" become permanent infrastructure, structurally altering the relationship between institution and subject without establishing adequate consent, explainability, or accountability mechanisms. This paper applies Zero Leap Theory (ZLT) to demonstrate that algorithmic consent operates as a physical constraint: a necessary permeability condition for legitimate automated intervention. When this gate closes—through unexplainable decisions, absent human appeal, or opacity by design—no increase in algorithmic accuracy can substitute for its absence without generating structural resistance, legitimacy collapse, and systemic harm. Version 1.2 introduces Exit Coercion Index (ECI) analysis for algorithmic systems, addressing platform lock-in and network dependency. When users cannot meaningfully exit algorithmic systems due to data lock-in, infrastructure dependency, income dependency, or network effects, effective consent approaches zero regardless of formal "delete account" options. This constitutes algorithmic coercion-by-dependency. We introduce the concept of AI Exceptionalism: unique characteristics that make algorithmic systems particularly vulnerable to the Emergency Trap, including decision velocity, scale, inherent opacity, accountability diffusion, and data lock-in. The IAS-ALG protocol provides operational criteria for algorithmic deployment assessment, including mandatory ECI verification. The paper establishes Algorithmic Negligence Per Se: deploying high-risk AI systems without explainability mechanisms, human appeal pathways, exit viability assessment, or sunset provisions constitutes structural negligence regardless of accuracy metrics. Core principle: No explainability, no deployment. No human appeal, no legitimacy. No exit viability, no consent. No sunset, no accountability.

Fields of Study & Subjects

Ethics and Social Impacts of AI Explainable Artificial Intelligence (XAI) Digitalization Law and Regulation

Publication details

Journal / source
Zenodo (CERN European Organization for Nuclear Research)
Publication date
17 January 2026
Language
EN