HDSM — Harm Determination State Module

OOF® Origin Open Foundation®

Independent Methodological Authority

Canonical Definition

The HDSM — Harm Determination State Module governs how the Governed Harm
Determination Evaluation is converted into an explicit, bounded,
qualified, traceable, and revisable Harm Determination State representing
what can legitimately be formally established about the governed Harm at a
given point in time.


HDSM governs Determination State assignment, state qualification, partial
establishment, pending status, insufficient basis, non-establishment,
confidence, limitations, scope, uncertainty, state transition, dispute,
reopening, reassessment, correction, and historical continuity without
converting Harm Determination into Harm State, causation, accountability,
responsibility, liability, or claim determination.


HDSM establishes the transition:

Governed Harm Determination Evaluation → State Eligibility → State
Assignment → State Qualification → Governed Harm Determination State


Its central question is:

Which formal Harm Determination State legitimately follows from the
governed Determination Evaluation?


  • Operational Role


HDEM establishes what the complete governed basis supports.

HDSM converts that evaluation into the formal methodological status of the
Harm Determination.


Its operational role is:

to ensure that the formal Determination State says exactly what the
governed evaluation supports — no more, no less.


HDSM prevents:

uncertainty from becoming false certainty

insufficient basis from becoming non-existence

partial establishment from becoming complete establishment

and:

Recognition from becoming Determination without the required methodology.

  • Position Within HDS


The HDS internal flow is:

Qualified Inputs → Determination Criteria → Evaluation → Determination
State → Governed Harm Record


The Core Module sequence is:

HDIM → HDCM-D → HDEM → HDSM → HDRM

HDSM receives:

Governed Harm Determination Evaluation

and produces:

Governed Harm Determination State

for HDRM.

  • Governed Object


The primary governed object is:

Harm Determination State

The canonical HDS Determination States are:

Established

Partially Established

Pending

Insufficient Basis

Not Established

These states must remain methodologically distinct.

  • Foundational State Principle


The foundational rule is:

The Determination State must represent the evaluation — not simplify it
beyond what the evaluation supports.


Therefore:

Evaluation Complexity ≠ Permission for Binary Oversimplification

  • Why Five States Are Necessary


A binary:

Harm / No Harm

model cannot represent several fundamentally different governance
realities.


For example:

Harm is established

is different from:

some Harm dimensions are established

which is different from:

evaluation is still pending

which is different from:

there is currently insufficient basis

which is different from:

the governed basis supports non-establishment

HDSM preserves these distinctions.

  • Established


Established means the governed Determination Evaluation satisfies the
applicable Determination Criteria sufficiently to formally establish the
bounded Harm.


Established means:

the Harm can legitimately be represented as formally determined.

It does not mean:

every characteristic is known

every uncertainty has disappeared

every subject has been individually identified

exact Harm onset is known

general causation is fully established

accountability has been assigned

or:

liability exists

Canonical distinction:

Established Harm ≠ Complete Knowledge

  • Established with Limitations


An Established Determination may carry explicit limitations.

For example:

Harm existence — Established

Exact onset — Estimated

Subject scope — Established

One downstream relationship — Uncertain

The existence of a limitation does not automatically require downgrading
the entire Harm to Partially Established.


The key question is whether the limitation affects:

the Harm existence proposition itself

or only:

a secondary characteristic.

  • Partially Established


Partially Established means that a material part of the bounded Harm
satisfies the Determination Criteria while another material part remains
unresolved or unsupported.


The state must identify:

what is established

what is not yet established

what remains uncertain

and:

what prevents complete establishment

Canonical principle:

Partial Establishment must preserve the boundary between what is known and
what remains open.


  • Partial Establishment ≠ Weak Harm


Partially Established concerns the state of Determination.

It does not classify Harm severity.

Therefore:

Partially Established ≠ Minor Harm

A severe Harm may be only partially established.

A low-severity Harm may be fully established.

  • Pending


Pending means the Determination cannot yet legitimately be completed
because a materially necessary governance process remains active or
unresolved.


Examples include:

required information pending

validation pending

boundary reassessment underway

material contradiction unresolved

expert evaluation incomplete

input qualification unresolved

or:

criteria application incomplete

Pending represents:

Determination Not Yet Complete

It does not represent:

No Harm

  • Pending ≠ Insufficient Basis


The distinction is important.

Pending means a material Determination process is still capable of
progressing with expected governance activity.


Insufficient Basis means the currently available governed basis does not
support the required Determination.


Therefore:

Pending ≠ Insufficient Basis

  • Insufficient Basis


Insufficient Basis means the available governed basis cannot currently
support formal Harm Determination under the applicable criteria.


Possible reasons include:

missing required information

insufficiently qualified inputs

material unresolved uncertainty

inadequate scope coverage

unresolved contradiction

or:

failure to reach the required Determination threshold

Canonical principle:

Insufficient Basis ≠ No Harm

  • Why Insufficient Basis Matters


Without this state, governance may make the invalid transition:

Cannot Establish Harm → Harm Did Not Exist

HDSM explicitly prevents that inference.

The correct representation may be:

Harm Determination: Insufficient Basis

while the underlying reality remains unresolved.

  • Not Established


Not Established means the governed evaluation does not establish the
bounded Harm under the applicable Determination methodology.


Where materially relevant, the state should distinguish whether:

required criteria were not satisfied

counterevidence materially supports non-establishment

the Harm proposition is inconsistent with the governed basis

or:

another interpretation is materially better supported

  • Not Established ≠ Insufficient Basis


This distinction is fundamental.

Insufficient Basis means:

governance cannot currently establish the answer.

Not Established means:

the completed governed evaluation does not establish the Harm proposition.

Therefore:

Lack of Sufficient Support ≠ Positive Support for Non-Existence

  • Not Established ≠ Harm Never Existed


A Not Established state is a methodological conclusion based on the
governed basis available under the applicable methodology.


It must not be transformed into a stronger historical claim than the
evaluation supports.


Therefore:

Not Established ≠ Proven Never to Have Existed

unless that stronger conclusion itself is specifically supported.

  • State Scope


Every Determination State must apply to a defined Harm scope.

This includes, where applicable:

Harm object

subject scope

temporal scope

effect scope

downstream scope

and:

domain scope

A Determination State must not silently extend beyond the Governed Harm
Boundary evaluated by HDEM.


  • Scope Precision


A formal statement such as:

“Harm Established”

is insufficient where the determination concerns only part of the bounded
Harm.


The state should be capable of representing:

what exactly has been established.

Canonical principle:

Determination State Precision Must Match Determination Scope.

  • Determination State ≠ Harm State


This distinction is critical.

HDSM governs epistemic-methodological status:

What can governance formally establish about Harm?

HSS governs Harm's lifecycle state:

What is the current state of the Harm itself?

Therefore:

Harm Determination State ≠ Harm Lifecycle State

For example:

Determination State: Established

may coexist with:

Harm State: Residual

  • Determination State ≠ Recognition State


HRS may establish:

Recognized

or:

Recognition Confirmed

before HDS establishes Harm.

Therefore:

Recognized ≠ Established

Recognition concerns governance awareness.

Determination concerns formal methodological establishment.

  • Determination State ≠ Reality State


A Determination State represents what governance can formally establish.

It does not create the underlying Harm reality.

Canonical principle:

Harm may exist before it is determined, and failure to determine Harm does
not retroactively erase Harm from reality.


  • Determination Time ≠ Harm Emergence Time


The date on which HDSM assigns Established does not become the date on
which Harm began.


Therefore:

Determination Time ≠ Harm Emergence Time

Likewise:

Determination Time ≠ Recognition Time

  • Determination Confidence


A Determination State may carry a confidence qualification where useful.

Examples:

Established — High Confidence

Established — Moderate Confidence

Partially Established — High Confidence regarding established scope

Confidence must describe the methodological strength of the determination.

It must not redefine the state.

  • Confidence ≠ State


Canonical distinction:

Determination Confidence ≠ Determination State

A high-confidence Insufficient Basis state is possible.

For example, governance may be highly confident that available information
is insufficient.


  • Confidence ≠ Severity


Canonical distinction:

Determination Confidence ≠ Harm Severity

These dimensions must never be collapsed.

  • Uncertainty Qualification


HDSM must preserve material uncertainty from HDEM.

Uncertainty may concern:

existence

scope

time

subject

effect

downstream relationship

or:

methodological limitation

Where Harm existence is established but a secondary characteristic remains
uncertain, the uncertainty should remain attached to that characteristic.


  • Local Uncertainty ≠ Global Downgrade


Canonical principle:

Uncertainty in one Harm characteristic must not automatically downgrade
the complete Harm Determination State.


For example:

exact onset uncertain

does not necessarily require:

Partially Established

if Harm existence and the material bounded Harm are otherwise established.

  • Material Limitation


A limitation becomes state-relevant when it materially affects what can
legitimately be established.


HDSM must therefore distinguish:

non-material limitation

from:

state-limiting condition

This prevents minor uncertainty from unnecessarily weakening Determination
while preventing material uncertainty from being hidden.


  • Composite Determination State


Where Harm is established through a composite basis, the Determination
State must be capable of applying to the composite Harm object.


Therefore:

No Individually Established Component ≠ No Established Composite Harm

The state must correspond to the level at which HDEM evaluated the Harm.

  • Distributed Determination State


A Harm may be established across:

agents

systems

subjects

organizations

locations

domains

or:

time periods

The Determination State must not be artificially fragmented merely because
the Harm-producing or evidence environment is distributed.


Canonical principle:

Distributed Reality May Require a Unified Determination State.

  • Collective Determination State


A collective Harm may be formally established without requiring identical
individual Harm Determinations for every member of the affected group.


Therefore:

Collective Harm Determination ≠ Sum of Identical Individual Determinations

  • State Assignment Neutrality


HDSM must assign the state supported by HDEM regardless of whether that
state creates:


financial exposure

organizational consequences

reputational effects

regulatory consequences

claims

legal risk

or:

political consequences

Canonical principle:

The consequence of a Determination State must not determine the
Determination State.


  • Accountability Neutrality


An inability to identify an accountable actor must not prevent an
otherwise legitimate Harm Determination State.


Therefore:

Unknown Accountability ≠ Insufficient Harm Determination

AGA™ remains separate.

  • Liability Neutrality


The existence or absence of a legal liability path must not change the
Harm Determination State.


Therefore:

No Liability ≠ Not Established Harm

and:

Established Harm ≠ Established Liability

  • Claim Neutrality


A Harm may be Established without a claim.

A claim may exist without Harm being formally Established under HDS.

Therefore:

Claim State ≠ Harm Determination State

  • State Assignment from Evaluation


HDSM must derive the state from HDEM rather than independently
reevaluating all inputs.


Conceptually:

HDEM Evaluation → HDSM State Assignment

HDSM may verify that the proposed state follows from the evaluation.

It must not silently replace HDEM's methodology.

  • Evaluation-to-State Mapping


A typical mapping may include:

Criteria Satisfied → Established

Criteria Materially Satisfied for Defined Scope → Partially Established

Evaluation Incomplete but Active → Pending

Basis Insufficient → Insufficient Basis

Completed Evaluation Does Not Establish Harm → Not Established

The mapping must remain governed rather than purely mechanical where
material complexity exists.


  • State Conflict


Where the evaluation does not support a single legitimate Determination
State, HDSM must not force one.


It may return the matter for:

HDEM reassessment

HDCM-D criteria clarification

HDIM input requalification

or:

HBS boundary reassessment

Canonical principle:

Ambiguous State Mapping ≠ Permission for Arbitrary State Assignment

  • State Dispute


A Determination State may be disputed.

Dispute must preserve:

current state

basis of dispute

scope of dispute

challenging information

affected criteria or evaluation

and:

status of reassessment

Dispute does not automatically invalidate the existing state.

  • State Transition


A Harm Determination State may change.

Examples:

Pending → Established

Pending → Insufficient Basis

Insufficient Basis → Established

Partially Established → Established

Established → Partially Established

Established → Not Established

where later governed reassessment legitimately supports the transition.

Every material transition must be traceable.

  • State Transition ≠ Historical Erasure


Canonical principle:

A new Determination State supersedes the current methodological status; it
does not erase the previous status from history.


The lifecycle may therefore be represented as:

State₁ → New Basis → Reassessment → State₂

  • Reopening


A Determination State may be reopened where:

new information appears

a material input changes

the Harm Boundary changes

criteria are legitimately revised

an evaluation error is identified

new contradictory information emerges

or:

integrity concerns arise

Reopening must be explicit.

  • State Correction


Where a Determination State was assigned incorrectly, HDSM must support
correction.


The record should preserve:

incorrect state

corrected state

reason

time

and:

basis for correction

Canonical principle:

Correction must repair the current state without rewriting the history of
how the error occurred.


  • Historical State Integrity


HDSM must preserve the complete Determination State history.

At minimum:

state

scope

time

confidence where used

limitations

transition reason

reassessment basis

and:

supersession relationship

The current state alone is not the complete governance record.

  • State Stability


A Determination State should remain stable until a materially sufficient
reason exists to change it.


Routine arrival of irrelevant or duplicative information must not
continuously destabilize the state.


Canonical principle:

New Information ≠ Required State Change

Only materially relevant new governance basis should trigger reassessment.

  • State Finality Within HDS


A Determination State may become stable or closed within the HDS process.

But HDS Determination closure is not HAGA™ Harm Finality.

Therefore:

Determination Closure ≠ Harm Finality

HRFS governs Harm Resolution & Finality later in the lifecycle.

  • Established Harm May Later Resolve


An Established Harm may later become:

Reduced

Recovering

Residual

or:

Resolved

within HSS and later HAGA™ standards.

Its historical Determination remains Established unless the Determination
itself is later corrected.


Canonical distinction:

Harm Resolution ≠ Determination Reversal

  • Later Recovery ≠ No Prior Harm


Recovery must not retroactively change an Established Harm into Not
Established.


Therefore:

Later Recovery ≠ No Prior Harm

Likewise:

Disappearance of Current Effect ≠ Historical Non-Existence

  • Determination State and Causation


A Harm Determination State may depend on sufficient association.

It does not establish complete general causation.

Therefore:

Established Harm ≠ Complete Causal Attribution

  • Determination State and Evidence


ADIT® may govern the evidence supporting the evaluation.

HDSM governs what formal Harm Determination State follows from HDEM.

Therefore:

Evidence State ≠ Harm Determination State

  • Determination State and Validation


VALIDOS™ may validate relevant inputs or methods.

But:

Validation State ≠ Harm Determination State

Validation may support Determination without replacing it.

  • Determination State and Integrity


INTEGROS® may establish integrity findings.

But:

Integrity State ≠ Harm Determination State

HDSM remains responsible for formal Harm Determination status.

  • Operational Reality Boundary


ORA™ may establish what occurred operationally.

But:

Operational Reality State ≠ Harm Determination State

An operation may fail without Harm, or Harm may exist despite technically
compliant operation.


  • AI and Autonomous System Boundary


AIG® and ASGA™ may establish:

behavioral violation

constraint violation

unsafe execution

or:

governance failure

These do not automatically establish the HDSM state.

Therefore:

Unsafe Behavior ≠ Established Harm

Autonomous Governance Violation ≠ Established Harm

  • Simulation and Prediction Boundary


SIMULOS® may establish simulated outcomes.

Prediction governance may establish future Harm probability.

But:

Simulated Harm ≠ Established Actual Harm

Predicted Harm ≠ Established Existing Harm

HDSM assigns states only to the actual governed Harm object under HDS.

  • Value Boundary


VFM® may establish Value change.

But:

Value Loss ≠ Established Harm by Default

and:

No Value Loss ≠ Not Established Harm

  • State Handoff to HDRM


HDSM produces:

Governed Harm Determination State

HDRM then creates the durable methodological representation of the
determined Harm.


The handoff should include:

Harm identity

Determination State

scope

evaluation reference

criteria reference

confidence where applicable

limitations

uncertainty

dispute status

state history

and:

effective time

  • Minimum Implementation Framework


A minimum HDSM implementation requires eight capabilities.

  • Canonical State Assignment


Support and distinguish Established, Partially Established, Pending,
Insufficient Basis, and Not Established.


  • Scope & Qualification Governance


Attach Determination State to the exact Harm object and relevant subject,
temporal, effect, downstream, and domain scope, including limitations and
uncertainty.


  • Evaluation-to-State Mapping


Derive the state from the Governed Harm Determination Evaluation without
silently changing inputs, criteria, evaluation, or Harm Boundary.


  • Partial, Composite & Distributed State Governance


Support Partial Establishment and Determination states applying to
composite, collective, and distributed Harm objects.


  • Neutrality & Boundary Controls


Prevent accountability, liability, claims, Value, severity, visibility,
organizational consequences, or preferred outcomes from defining the
state.


  • Dispute, Reopening & Correction Governance


Support challenged states, reassessment, reopening, corrections, and
returns to earlier HDS or HBS governance where required.


  • State Transition & Historical Continuity


Preserve state transitions, supersession, confidence, limitations, reasons
for change, and the complete Determination State history.


  • Governed Output


Produce a traceable Governed Harm Determination State suitable for
formation of the Governed Harm Record by HDRM.


A system that can represent only Harm / No Harm does not fully implement
HDSM.


  • Use Case 1 — Harm Is Established but Exact Onset Remains
    Uncertain


HDEM concludes that the governed basis sufficiently establishes:

Harm existence

affected subject

and:

material effects

but the exact onset can only be bounded to a period.

HDSM does not automatically assign Partially Established merely because
exact temporal precision is unavailable.


Where the uncertainty does not materially undermine Harm existence, it may
assign:


Established

with:

Temporal Limitation — Exact Onset Uncertain

The governing principle is:

A Harm can be fully established even when every characteristic of that
Harm is not known with equal precision.


  • Use Case 2 — Distributed Harm Is Only Partially Established


A distributed AI operation affects multiple systems and subjects.

The governed evaluation sufficiently establishes Harm across:

Subjects A and B

Systems 1 and 2

and:

Effects X and Y

but a proposed downstream effect on Subject C remains materially
unresolved.


HDSM assigns:

Partially Established

and explicitly records:

Established Scope — Subjects A/B, Effects X/Y

Unresolved Scope — Subject C downstream effect

The unresolved component remains governable without being falsely
represented as either established or nonexistent.


The governing principle is:

Determination must preserve the line between what governance can establish
and what remains unresolved.


  • Governance Requirements


HDSM requires that:

  • Established, Partially Established, Pending, Insufficient Basis,
    and


Not Established remain distinct; - Determination State follow HDEM rather
than preferred outcomes; - Established remain compatible with bounded
secondary uncertainty; - Partially Established specify exactly what is and
is not established; - Pending remain distinct from Insufficient Basis; -
Insufficient Basis never automatically become No Harm; - Not Established
remain distinct from proof that Harm never existed; - Determination State
scope match the evaluated Harm scope; - Determination State remain
separate from Recognition State, Harm lifecycle State, and underlying
reality; - Determination Time not redefine Harm Emergence Time; -
confidence remain separate from state and severity; - local uncertainty
not automatically downgrade the whole Determination; - composite,
distributed, and collective Harm remain capable of appropriate unified
states; - accountability, responsibility, liability, claims, Value, and
downstream consequences not determine the state; - ambiguous state mapping
trigger reassessment rather than arbitrary assignment; - disputes,
reopening, corrections, and transitions remain governed; - historical
states never be erased; - later Recovery or Resolution not retroactively
erase prior established Harm; - the resulting state remain suitable for
HDRM.


  • Governance Logic


HDSM applies the following logic:

Has HDEM produced a complete Governed Harm Determination Evaluation?

If no:

→ do not assign a final Determination State.

If yes:

→ identify what the evaluation establishes.

Does the governed evaluation satisfy the Determination Criteria for the
complete bounded Harm?


If yes:

→ Established

with explicit limitations where necessary.

Does it establish a material part of the bounded Harm while another
material part remains unresolved?


→ Partially Established

and identify both scopes.

Is a materially necessary Determination process still active or expected
to resolve the question?


→ Pending

Does the current governed basis fail to support the required Determination
threshold without supporting a substantive non-establishment conclusion?


→ Insufficient Basis

Does the completed governed evaluation fail to establish the Harm under
the applicable methodology, including where material counterevidence
supports that conclusion?


→ Not Established

Is the proposed state inconsistent with HDEM?

→ return for reassessment rather than force assignment.

Would assignment require changing the Harm Boundary?

→ return the boundary issue to HBS.

Would assignment require changing inputs?

→ return to HDIM.

Would assignment require changing criteria?

→ return to HDCM-D.

At every stage:

Recognition ≠ Determination

Insufficient Basis ≠ No Harm

Partial ≠ Complete

Not Established ≠ Proven Never Existed

Determination State ≠ Harm State

Determination State ≠ Liability

  • Governance Outputs


HDSM may produce:

  • Governed Harm Determination State
  • Established State
  • Partially Established State
  • Pending State
  • Insufficient Basis State
  • Not Established State
  • Determination Scope
  • Established Scope
  • Unresolved Scope
  • State Limitation Record
  • State Uncertainty Record
  • Determination Confidence
  • State Dispute Record
  • State Reassessment Requirement
  • State Reopening Record
  • State Correction Record
  • State Transition Record
  • State Supersession Record
  • Historical Determination State Record
  • Effective Determination Time
  • HDRM Handoff Package


The principal output is:

Governed Harm Determination State

  • Critical Distinctions


Evaluation Complexity ≠ Permission for Binary Oversimplification

Established Harm ≠ Complete Knowledge

Partially Established ≠ Minor Harm

Pending ≠ Insufficient Basis

Insufficient Basis ≠ No Harm

Not Established ≠ Insufficient Basis

Not Established ≠ Proven Never to Have Existed

Determination State Precision Must Match Determination Scope

Harm Determination State ≠ Harm Lifecycle State

Recognized ≠ Established

Determination State ≠ Reality State

Determination Time ≠ Harm Emergence Time

Determination Confidence ≠ Determination State

Determination Confidence ≠ Harm Severity

Local Uncertainty ≠ Global Downgrade

No Individually Established Component ≠ No Established Composite Harm

Unknown Accountability ≠ Insufficient Harm Determination

No Liability ≠ Not Established Harm

Established Harm ≠ Established Liability

Claim State ≠ Harm Determination State

Ambiguous State Mapping ≠ Permission for Arbitrary State Assignment

New Determination State ≠ Historical Erasure

New Information ≠ Required State Change

Determination Closure ≠ Harm Finality

Harm Resolution ≠ Determination Reversal

Later Recovery ≠ No Prior Harm

Established Harm ≠ Complete Causal Attribution

Evidence State ≠ Harm Determination State

Validation State ≠ Harm Determination State

Integrity State ≠ Harm Determination State

Operational Reality State ≠ Harm Determination State

Unsafe Behavior ≠ Established Harm

Simulated Harm ≠ Established Actual Harm

Predicted Harm ≠ Established Existing Harm

  • Canonical Boundary


The HDSM — Harm Determination State Module governs the assignment,
qualification, scope, confidence, uncertainty, limitation, dispute,
transition, reopening, reassessment, correction, supersession, and
historical continuity of the formal Harm Determination State produced from
the Governed Harm Determination Evaluation. It governs the canonical
states Established, Partially Established, Pending, Insufficient Basis,
and Not Established, but does not qualify Determination inputs, define
Determination Criteria, perform the underlying Determination Evaluation,
establish or modify the Harm Boundary, govern the Harm lifecycle State,
create the final Governed Harm Record, establish general causation, assign
accountability or responsibility, determine liability, govern claims or
compensation, or replace evidence, validation, integrity, operational
reality, identity, AI behavior, autonomous execution, simulation,
prediction, Value, tax-event, or jurisdiction-specific governance.


  • Canonical Closing Statement


The most dangerous Determination system is not one that admits
uncertainty. It is one that hides uncertainty inside a false binary
answer.


HDSM preserves the difference between Harm that is established, Harm that
is established only in part, Harm whose Determination is still pending,
Harm that cannot currently be established, and Harm that the governed
evaluation does not establish.


Those distinctions are not procedural details. They preserve the boundary
between reality, evidence, and what governance can legitimately claim to
know.


A legitimate Determination State says exactly what has been established —
no more, and no less.