Legaltechdaily iconLegaltechdailySep 8, 2026 ~7 min source read

A practical three-part test for identifying "AI slop" from two law professors

Boston University professors Jessica Silbey and Woodrow Hartzog propose a narrow, usable definition of AI slop that focuses on effort, who bears the cost, and whether repeated use corrodes a field.

Law professors propose a three-part test for what counts as AI slop

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Useful takeaways from this story.

AI slop is defined by three measurable components: negligible exertion, asymmetrical imposition, and domain degradation — not by subjective quality alone.

The test treats those components as a spectrum, so outputs can be more or less sloppy rather than forcing a binary classification.

Regulatory timing matters: transparency duties under EU Article 50 and California’s AI Transparency Act began applying Aug. 2, 2026, sharpening enforcement questions.

The useful part

Two Boston University law professors have given policymakers something the AI slop argument has lacked: a test with edges. Jessica Silbey and Woodrow Hartzog provisionally define slop as machine output produced with little exertion that shifts the burden onto recipients and erodes the domain it lands in. The test turns on effort, imposition and domain degradation rather than on quality, and that is what makes it usable.

How it works

  • A public database of decisions involving hallucinated material stood at 2,022 when checked Sept.
  • Where that definition draws its line will shape which machine output policy can reach, and which is just work done with a tool.
  • Output is "more or less 'sloppy,'" the authors write, depending on how much of each component is present.
  • That spectrum is the part practitioners should sit with, because compliance frameworks want a binary and this one refuses to supply one.
  • For anyone drafting an acceptable-use policy, that distinction does the most work.

What to take from it

Whether detection tooling hardens into an enforcement layer, carrying its false-positive problem. Providers of systems intended to interact directly with people must design and develop them so the person is informed they are interacting with an AI system, unless that is obvious to a reasonably well-informed observer. Under Section 22757.3(c), a covered provider that finds a licensee has modified its system so it no longer includes the required latent disclosure must revoke that license within 96 hours.

Example or evidence

  • Jessica Silbey and Woodrow Hartzog make the case in "AI Slop," an unpublished draft posted to SSRN that carries a Sept.
  • The act reaches generative systems with over 1 million monthly visitors or users that are publicly accessible in California.
  • Transparency duties under Article 50 of the EU AI Act and California's AI Transparency Act both became operative Aug.
  • 2, with three more compliance dates through 2028 and a penalty formula that inverts for smaller firms.

Details worth keeping

Meanwhile, the courts, where the counting has actually been done, are what the paper's policy catalog never reaches. Whether governance programs start treating unattributable AI output as a retention and defensibility question rather than an HR one. 6, 2026, timestamp in its running header and is labeled a draft on its interior pages, meaning the language quoted here may change before publication.

Related coverage

  • Slaw: A consensus is emerging in law schools across Canada and the US that AI has no place in teaching the core curriculum, because it impedes student learning, especially in first year.
  • Aals: Josh Blackman (South Texas), AI Freezes The Scholarly Voice: I recently attended a workshop about how law professor are using AI.
  • Natlawreview: You Can Use AI in Court. You Can't Secretly Rig It.

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