A Benchmark for Strategic Auditee Gaming Under Continuous Compliance Monitoring
For regulators and auditors designing continuous monitoring systems under the EU AI Act and DSA, the paper reveals inherent limitations of static auditing and provides a framework to evaluate adaptive strategies.
The paper formalizes continuous compliance auditing as a Stackelberg game and identifies a fundamental trade-off between coverage and granularity gaps under noise-aware static auditing. It introduces a non-additive harm decomposition and a simulator with five auditee strategies and five auditor policies, showing that an audit-aware strategy defeats all static policies.
Continuous post-deployment compliance audits, mandated by emerging regulations such as the EU AI Act and Digital Services Act, create a class of strategic gaming distinct from the one-shot input/output gaming studied in prior work. Regulated systems can delay outcome reporting, drift their reports within plausible noise envelopes, exploit longitudinal sample attrition, and cherry-pick among ambiguous metric definitions. We formalize continuous auditing as a $T$-round Stackelberg game between an auditor that commits to a temporal policy and an adaptive auditee, and identify a structural feature of any noise-aware static-auditor design: a cover regime in which coverage gaps and granularity gaps cannot be closed simultaneously. We make this formal as Observation 1 and show that two minimal extension policies, each derived from the observation, close the regime along orthogonal axes: a sample-size-aware static rule (Periodic-with-floor) closes the granularity-failure case, while a history-conditioned suspicion-escalation policy closes the coverage-failure case for the naive Drift strategy -- and neither closes both, exactly as the observation predicts; an audit-aware OffAuditDrift strategy that exploits Stackelberg commitment defeats both. To support empirical study we contribute a non-additive harm decomposition (welfare loss $W$, coverage loss $C$) that exposes how attrition shifts harm from the regulator-accountable surface to a regulator-invisible one; an initial library of five auditee strategies (Delay, Drift, Cherry-pick, Attrition, OffAuditDrift) and five auditor policies, calibrated to summary statistics from published audits of the DSA Transparency Database; and a reproducible simulator with a small, extensible Python interface.