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P4

Defensibility Gate

DEFINITION

The threshold a legal function crosses to demonstrate defensible AI operations and enter the Defensible maturity band (Band 5): the point at which capability is matched by governance, evidence, and supervised autonomy. Distinct from the Defensibility Gap (the problem of capability outpacing governance), the Gate is the bar that closes it; passing it is evidenced by a maintained Defensibility Posture Statement.

Detailed Explanation

The Defensibility Gate sits between Band 4 (Optimised) and Band 5 (Defensible) on the Maturity Stack. A function can be highly optimised — fast, adopted, measured — and still sit below the Gate if it cannot evidence how its AI is governed. Crossing the Gate is not a matter of more tooling; it is the point at which the function can show, to a board or a regulator, that capability is under governance.

The Gate is the constructive counterpart to the Defensibility Gap. The Gap names the problem — capability has outrun governance; the Gate names the standard that closes it. It is evidenced, not asserted: a maintained Defensibility Posture Statement, a current Risk Taxonomy mapping, and supervised autonomy together demonstrate that the threshold has been met.

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Operational

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Framework

Related Pillar

P4 · Governance

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