Open Conduct

REGULATORY POSTURE

Which law each design decision is answering.

Several choices in the proposal exist because a specific legal regime made the obvious alternative unsafe. This page names those choices, the regimes they engage, and the questions that design alone cannot settle.

HOW TO READ THIS PAGE

A design choice can reduce legal risk without resolving it.

Consumer control, a positive-only output, nonprofit governance, selective disclosure, and open publication each narrow the legal surface. None of them works as immunity. The specification treats every one of them as a risk reduction that still requires a written analysis of the actual data, roles, decisions, and outcomes.

Each entry below pairs what the current design does with what stays unresolved. The unresolved column is the more useful one. It marks the places where the proposal needs qualified counsel more than it needs agreement. The complete analysis and its citations are Section 13 of the working specification.

DECISIONS THAT CARRY THE MOST WEIGHT

Six choices doing most of the legal work.

01

No hidden negative result

A business never receives a failed attempt, a refusal, or a reason. There is no adverse communication to notify, explain, or defend.

02

Baseline service parity

Price, access, rights, complaints, refunds, accommodations, and safety cannot depend on Conduct, and degradation has to be measured rather than assumed impossible.

03

Zero-default context transfer

History earned in one context reaches another only under an approved relevance mapping. Portability is never automatic.

04

Consumer-initiated, purpose-bound proof

The consumer starts the request, names the benefit, and the result expires. Nothing is searchable, queryable, or standing.

05

Prohibited high-impact uses

Employment, housing, credit, insurance, healthcare, education, government, and policing sit outside the system by design rather than by current preference.

06

Protected actions cannot count

Complaints, refunds, accommodation requests, disputes, and collective activity are excluded from both inputs.

THE POSTURE MAP

Nine regimes the proposal has to answer to.

A regime appearing here does not mean the proposal complies with it. It means the design has taken a position that counsel will need to test.

Regime engagedWhat the design doesWhat stays unresolved
United States consumer reporting, including the Fair Credit Reporting Act and state analoguesProhibits credit, employment, housing, and insurance use. Keeps the consumer as the initiator and returns eligibility rather than history.Whether any operator is a consumer reporting agency, whether a proof is a consumer report, and whether cross-company synthesis defeats the transaction-or-experience exclusion.
European Union Artificial Intelligence Act, Article 5 social scoringBegins with company-specific scope, zero-default transfer, purpose-bound proof, and additive benefits.Whether treatment is related, justified, proportionate, and non-detrimental in fact. Returning no negative reason does not establish the absence of unfavourable effect.
Automated decisions and profilingShows the consumer their own score, both inputs, the active records, and a route to challenge the result.Whether benefit eligibility is a significant decision, what explanation is adequate, and which human review is meaningful rather than nominal.
Disability rights and public accommodationsExcludes affect, speech pattern, accent, deference, app use, and accommodation requests from conduct. Requires accessible and assisted paths.Whether a benefit is a privilege or advantage, whether a threshold operates as an eligibility criterion, and how disparate outcomes get measured without holding protected-class data.
Privacy and data protectionDistributed custody, data minimization, no central conduct warehouse, and no protected-trait inference.Lawful basis by jurisdiction, controller and processor roles, retention against audit duties, and which records a withdrawing consumer can erase.
Competition and antitrustNo shared exclusion list, no coordinated denial of baseline service, no person-level reports, and no named-competitor disclosure in the ordinary flow.Whether shared benefit definitions and thresholds amount to coordination on terms. Withdrawn federal safety zones are not available as a defense.
Labor, employment, and worker dataPrivate responses, safe abstention, no manager access, no performance use, and capture treated as compensated work.Consultation and bargaining duties, works-council requirements outside the United States, and whether consent mediated by an employer is voluntary.
Biometrics and identityKeeps device biometrics inside the device boundary, avoids a central biometric database, and requires proportionate alternatives.Which assurance level each benefit class needs, and which jurisdictions treat the chosen method as a regulated identifier.
Consumer protection and public claimsEvery surface states that nothing operates, and every interface example is labeled synthetic.Whether the overall impression of these sites stays accurate as the proposal attracts wider attention.

WHAT THIS PAGE DOES NOT ESTABLISH

None of this makes the proposal lawful.

The proposal has not been cleared, reviewed, or exempted. No entity exists to carry the obligations a live system would create, and no operator has been named for any function that would acquire them.

Nonprofit form, open publication, consumer consent, a positive-only output, and a consumer-initiated transaction reduce risk rather than resolve it. Where a jurisdiction's law and this reading differ, the law governs, and the stronger consumer, worker, and due-process protection should apply.

BEFORE ANY REAL PERSON IS AFFECTED

The legal work that has to come first.

Each item below is a written deliverable rather than an intention. None of them exists yet.

01

A consumer-reporting classification

A written position for every role, communication, purpose, and recipient, rather than a conclusion drawn from the product label.

02

A benefit-by-benefit civil-rights analysis

Each proposed benefit and its qualification rule tested for disability access, public-accommodations treatment, and an equivalent accessible path.

03

A jurisdiction profile

Privacy, automated-decision, retention, and breach processes settled for one named jurisdiction before any second one opens.

04

Specialist competition review

Completed before two businesses that compete with each other participate in the same context.

05

Labor consultation

Worker representatives involved, and compensation and workload treatment resolved, before any response is captured.

06

An accountable entity

Contracts, insurance, decision rights, and regulator-facing responsibility held by someone who can answer for all of it.

STOP CONDITIONS

A pause is a designed outcome.

The specification requires the project to stop a feature, partner, jurisdiction, or pilot under any of these conditions.

01

A classification stays unresolved

The legal treatment of a role, input, output, or benefit is material and still open.

02

Rights cannot be delivered

Consumers or workers cannot actually reach correction, review, appeal, or remedy.

03

A benefit cannot be separated

The additional benefit and ordinary baseline service cannot be held apart in practice.

04

A risk stays unreasonable

Bias, accuracy, accessibility, security, or privacy risk remains beyond what the stage can justify.

05

The standard is compromised

Funding or partner pressure starts shaping the protections, findings, or certification.

06

Claims outrun the evidence

Public statements move past what the available evidence supports.

OPEN FOR CHALLENGE

Where is this reading wrong?

The most useful contribution to this page is a jurisdiction, role, benefit, or classification the current analysis gets wrong.

Challenge the legal analysis