Is Decentralized AI Governable? From Regulative Policy to Constitutive Protocol

Abstract: Every major framework for governing artificial intelligence presupposes an identifiable entity -- a developer, deployer, or operator -- who can be held responsible and compelled to comply. Decentralized AI (DeAI) dissolves this presupposition. We analyze DeAI as a six-layer decentralizing stack -- model, training, compute, harness, identity, and ownership -- and show how partial decentralization across layers compounds into what we call the \emph{governance vacuum}: a condition in which AI systems are consequential enough to require governance but lack the properties that existing frameworks presuppose in their targets. This vacuum takes two analytically distinct forms: an \emph{accountability gap}, where no addressable principal can be identified, and an \emph{incapacitation gap}, where even an identified principal cannot alter the running system. We demonstrate that these failures are not merely jurisdictional but defeat every presupposition of governance through normative address -- the communication of rules to a comprehending, responsive agent. Drawing on Lessig's modalities of regulation and Searle's distinction between regulative and constitutive rules, we argue for a shift in the locus of governance from policy to protocol, from normative address to architectural constraint. Protocol-based constitutive governance does not address the agents operating within a system but shapes the substrate that determines what kinds of actions are possible within it. We identify four ethical conditions -- legitimacy, contestability, transparency, and non-domination -- that such governance must satisfy to avoid degenerating into unaccountable technocratic power, and we argue that the central political challenge of governing AI in a decentralized world is reconstructing forms of democratic authorization for architectural choices that persist after the ordinary chain of policy has broken down.