Legal and evidentiary issues in proving AI-enhanced corporate cyber harm

Abstract

This study explores the legal and evidentiary challenges in proving corporate cyber harm caused by artificial intelligence (AI). It underscores the difficulty of attributing responsibility to corporate entities when AI systems operate autonomously. Persistent obstacles arise in the collection, preservation, and authentication of volatile digital evidence across jurisdictions. Furthermore, the paper examines the complexity of establishing causation between AI-driven cyberattacks and the resulting damage, thereby compounding these challenges and undermining traditional evidentiary standards. It emphasizes the urgent need for adaptive legal frameworks, strengthened international cooperation, and improved judicial capacity to handle electronic evidence. Recommendations are proposed to reinforce corporate accountability by clarifying liability models, promoting explainable AI, and encouraging shared responsibility. Finally, the study advocates for a harmonized global governance of cyber harm by integrating civil liability doctrines with digital evidence standards. By bridging legal and technical perspectives, the research contributes to a more coherent framework for prosecuting offenders.