[DRAFT] Stolen Valor Act

[Schutzenphalia and West Ruhntuhnkuhnland]

"Though your input is greatly appreciated, financial fraud is defined as the use of deception to gain fiscal assets. This fraud specifically involves financial transactions.

"Makes no difference whether "transactions" are involved, whatever that even means. The way you have defined "stolen valor", a rather pompous term for such an utterly trivial crime, clearly falls under the existing definition of financial fraud. Phew! Isn't that a good thing? It means we don't have to worry about writing a whole other extra resolution. It's already been taken care of.

it does not specifically call for the prosecution of the person committing the fraud

"Setting aside rulings by the Secretariat that the magic invisible clauses of resolutions do in fact do exactly that, given you're leaving punishment at the nation's discretion, requiring prosecution is completely pointless as any nation unwilling to prosecute such crimes could simply issue a notional punishment. In fact, we plan on sentencing all such offenders to the punishment of dressing up in Roviksteadian military uniforms."

~ Katinka

[Imperium Anglorum]

PARSONS: We concur with our colleagues from the River Principality and the Confederate Dominion.

[Rovikstead]

"I would like to elaborate on how the Stolen Valor Act is different from the "Concerning Financial Fraud" Act. Firstly, the "Concerning Financial Fraud" Act is categorically defined as "Free Trade," which formally deals with reducing barriers to free trade and commerce, specifically financial transactions, while the Stolen Valor Act deals with moral decency, a resolution to restrict civil freedoms in the interest of moral decency.
Though I will admit that the "Concerning Financial Fraud" Act deals with a wide spectrum of different instances of fraud, I personally feel that it fails to define different cases of fraud, whereas the Stolen Valor Act is a proposal which will, if passed by the WA, formally define Stolen Valor, when using it to obtain goods or benefits, as a type of fraud, and shall call for it to prosecute the person committing it for criminal charges. Finally, as I said before, the "Concerning Financial Fraud" Act does encourage nations to compensate victims and to create laws to prevent fraud, but it does not specifically call for prosecuting the one committing the fraud. My proposal, however, 'will formally declare Stolen Valor a criminal offense."

[Imperium Anglorum]

PARSONS: It is not the responsibility of the government to prevent people from claiming they are or are not some status. Perjury laws exist. Fraud laws exist. The World Assembly does not need to concern itself with a matter that is best dealt with not at any governmental level, but rather, the personal level.

OOC: Also, categories don't mean anything in the IC-space. If I were to pass something in the wrong category, it's dictates would still be binding whether or not the category is correct.

[Rovikstead]

Before I go on to add anything else to the discussion regarding why I feel the Stolen Valor Act should be an active legislation of the WA, I would like to thank everyone for criticizing the Stolen Valor Act. Though I feel right and that everything I make is 110% perfect and all that, I'm glad that people are pointing out the faults in my proposal so that I can rectify them; especially the suggestion of what is the most appropriate category for this issue and pointing out obvious loopholes in my draft.

[Separatist Peoples]

"I would like to elaborate on how the Stolen Valor Act is different from the "Concerning Financial Fraud" Act. Firstly, the "Concerning Financial Fraud" Act is categorically defined as "Free Trade," which formally deals with reducing barriers to free trade and commerce, specifically financial transactions, while the Stolen Valor Act deals with moral decency, a resolution to restrict civil freedoms in the interest of moral decency.
Though I will admit that the "Concerning Financial Fraud" Act deals with a wide spectrum of different instances of fraud, I personally feel that it fails to define different cases of fraud, whereas the Stolen Valor Act is a proposal which will, if passed by the WA, formally define Stolen Valor, when using it to obtain goods or benefits, as a type of fraud, and shall call for it to prosecute the person committing it for criminal charges. Finally, as I said before, the "Concerning Financial Fraud" Act does encourage nations to compensate victims and to create laws to prevent fraud, but it does not specifically call for prosecuting the one committing the fraud. My proposal, however, 'will formally declare Stolen Valor a criminal offense."

"Regardless of the category, financial fraud is covered by international law, and I don't believe that fraudulent misrepresentation by military personnel impersonation is sufficient in it's practical effects to distinguish itself from regular financial fraud. Moreover, you keep wanting to criminalize something that, divorced from the financial fraud aspect, is not immoral or wrong, and you dress it up in a pretentious term. If you want to ban this behavior in Rovikstead, do so. There is no reason to force us to excessively criminalize a subset of fraudulent misrepresentation merely because it offends you, personally. When you can demonstrate how this harms society either more than, or differently from, regular fraudulent misrepresentation, you'll have a case. Until then, what you have is barely disguised jingoism."

Before I go on to add anything else to the discussion regarding why I feel the Stolen Valor Act should be an active legislation of the WA, I would like to thank everyone for criticizing the Stolen Valor Act. Though I feel right and that everything I make is 110% perfect and all that, I'm glad that people are pointing out the faults in my proposal so that I can rectify them; especially the suggestion of what is the most appropriate category for this issue and pointing out obvious loopholes in my draft.

"Considering this is unquestioningly covered by previous legislation, I can't see how you could view this as even passable, let alone perfect."

[Rovikstead]

PARSONS: It is not the responsibility of the government to prevent people from claiming they are or are not some status. Perjury laws exist. Fraud laws exist. The World Assembly does not need to concern itself with a matter that is best dealt with not at any governmental level, but rather, the personal level.

OOC: Also, categories don't mean anything in the IC-space. If I were to pass something in the wrong category, it's dictates would still be binding whether or not the category is correct.

"With all due respect, I still find that the Stolen Valor Act will be able to officially define Stolen Valor and to compose a law that clearly calls for the prosecution of people that use Stolen Valor to obtain goods and benefits."

[Rovikstead]

Before I go on to add anything else to the discussion regarding why I feel the Stolen Valor Act should be an active legislation of the WA, I would like to thank everyone for criticizing the Stolen Valor Act. Though I feel right and that everything I make is 110% perfect and all that, I'm glad that people are pointing out the faults in my proposal so that I can rectify them; especially the suggestion of what is the most appropriate category for this issue and pointing out obvious loopholes in my draft.

"Considering this is unquestioningly covered by previous legislation, I can't see how you could view this as even passable, let alone perfect."

"It was simply a joke about my large ego."

[Imperium Anglorum]

"With all due respect, I still find that the Stolen Valor Act will be able to officially define Stolen Valor and to compose a law that clearly calls for the prosecution of people that use Stolen Valor to obtain goods and benefits."

PARSONS: Ho, ho, you mean to say that nation's cannot do something by themselves, but rather, need a law to permit them to dome thing which has not yet been specifically legislated upon by the World Assembly? What an interesting interpretation of international law.

[Separatist Peoples]

PARSONS: It is not the responsibility of the government to prevent people from claiming they are or are not some status. Perjury laws exist. Fraud laws exist. The World Assembly does not need to concern itself with a matter that is best dealt with not at any governmental level, but rather, the personal level.

OOC: Also, categories don't mean anything in the IC-space. If I were to pass something in the wrong category, it's dictates would still be binding whether or not the category is correct.

"With all due respect, I still find that the Stolen Valor Act will be able to officially define Stolen Valor and to compose a law that clearly calls for the prosecution of people that use Stolen Valor to obtain goods and benefits."

"And since you allow nations to assign laughable punishments, you tie up the entire criminal justice system by requiring we wastefully prosecute something we don't consider any different from a regular case of fraud. Ahh, wasteful spending. Alternatively, you could leave this to individual nations to dispense."

[Rovikstead]

"With all due respect, I still find that the Stolen Valor Act will be able to officially define Stolen Valor and to compose a law that clearly calls for the prosecution of people that use Stolen Valor to obtain goods and benefits."

PARSONS: Ho, ho, you mean to say that nation's cannot do something by themselves, but rather, need a law to permit them to dome thing which has not yet been specifically legislated upon by the World Assembly? What an interesting interpretation of international law.

"No, no. Why would you believe that I feel that nation leaders, other than the Earl of Rovikstead, are incapable of creating an efficient system of laws? My intent is to simply protect the status of militants who have given their time and effort, many even going as far to risk their lives, and to prevent fraud involved with Stolen Valor."

[Separatist Peoples]

PARSONS: Ho, ho, you mean to say that nation's cannot do something by themselves, but rather, need a law to permit them to dome thing which has not yet been specifically legislated upon by the World Assembly? What an interesting interpretation of international law.

"No, no. Why would you believe that I feel that nation leaders, other than the Earl of Rovikstead, are incapable of creating an efficient system of laws? My intent is to simply protect the status of militants who have given their time and effort, many even going as far to risk their lives, and to prevent fraud involved with Stolen Valor."

"We assume that because you've made a point of handing the issue to the World Assembly, instead of accepting that nations are perfectly capable of handling this silly "stolen valor" concept themselves. Which of course assumes valor is tangible or transferable enough to even be stolen."

[Rovikstead]

"And since you allow nations to assign laughable punishments, you tie up the entire criminal justice system by requiring we wastefully prosecute something we don't consider any different from a regular case of fraud. Ahh, wasteful spending. Alternatively, you could leave this to individual nations to dispense."

"I suppose I can agree with your belief on my 'laughable punishments.' I can agree if you feel that my leaving the decision up to the nations is a poor excuse for not making a proper punishment. Though I still feel that there should be some freedom for how strict the penalties should be for the nations, I will specify in my next draft that the punishment.

[Separatist Peoples]

"And since you allow nations to assign laughable punishments, you tie up the entire criminal justice system by requiring we wastefully prosecute something we don't consider any different from a regular case of fraud. Ahh, wasteful spending. Alternatively, you could leave this to individual nations to dispense."

"I suppose I can agree with your belief on my 'laughable punishments.' I can agree if you feel that my leaving the decision up to the nations is a poor excuse for not making a proper punishment. Though I still feel that there should be some freedom for how strict the penalties should be for the nations, I will specify in my next draft that the punishment.

"Alternatively, you can leave the issue to the authority best able to handle this issue: The Individual National Government. You basically cannot state a standard punishment, and you can't effectively make the case that this deserves any punishment not already covered by existing WA law. Therefore, the best solution for this proposal is to add liberal amounts of kerosene and a small amount of open flame. You simply cannot distinguish this as sufficiently important on the international scale or distinct from regular fraud to avoid a Duplication issue."

[Rovikstead]

The best solution for this proposal is to add liberal amounts of kerosene and a small amount of open flame.

Gee, thanks :^)

[Bakhton]

"I believe what you're attempting to legislate against is already thoroughly covered by GA #110 Identity Theft Protection Act."

[Separatist Peoples]

The best solution for this proposal is to add liberal amounts of kerosene and a small amount of open flame.

Gee, thanks :^)

"Ambassador, I've been here for years. I have seen hundreds, maybe thousands, of proposals. After that long, you start seeing the writing on the wall with certain projects. This is one."

[Rovikstead]

"I believe what you're attempting to legislate against is already thoroughly covered by GA #110 Identity Theft Protection Act."

"The Identity Theft Protection Act is defined as 'Identity theft, as the crime of obtaining personal or financial information of another person without consent, for the purpose of assuming that person's name and/or to make fraudulent transactions or purchases.' On the contrary, the Stolen Valor act, though does involve condemning those that undertake the identity of a militant, it is not necessarily the act of using one's personal or financial information. It is simply the act of claiming to be a soldier."

[Rovikstead]

Gee, thanks :^)

"Ambassador, I've been here for years. I have seen hundreds, maybe thousands, of proposals. After that long, you start seeing the writing on the wall with certain projects. This is one."

"Great to hear, my friend."

[Tinhampton]

"I believe what you're attempting to legislate against is already thoroughly covered by GA #110 Identity Theft Protection Act."

Alexander Smith, Tinhamptonian Delegate-Ambassador to the World Assembly: ITPA deals with the theft of personal and financial information. For example, if somebody else was to style themselves Delegate-Ambassador Alexander Smith, or if they make fraudulent purchases under that name, it would be dealt with under ITPA. This act covers the theft of physical items, which are not covered under ITPA.

[Calladan]

Title: The Stolen Valor Act
Category: Human Rights
Strength: Strong

The Stolen Valor Act
A resolution to improve worldwide human and civil rights.

Believing that every soldier deserves respect and honor for bravely risking his or her own life for the protection of his or her nation, and the betterment of others,

Anticipating the right for soldiers to be given proper respect,

Condemning those that disrespect these soldiers' sacrifices with stolen valor,

The Stolen Valor Act shall hereby:

1) Outlaw civilians from wearing an official military uniform and claiming to be an actual soldier
2) Outlaw civilians from fraudulently taking the benefits that soldiers receive
3) Will declare stolen valor a criminal offense. The punishment(s) of this crime shall be decided by each individual nation.

Title: The Stolen Valor Act
Category: Moral Decency

Every nation's military is symbolic of its strength, and strong will it has to protect its people, and the principles which make up the nation.
Whether they're non-combatant soldiers such as a utilities-man, or belligerents, each soldier deserves to be respected for their efforts and sacrifices.
Belligerents risk harm that may be detrimental to their entire lifestyle, and even losing their own life or the people around them. However, they still carry on, undertaking the heavy task of protecting their nation. Non-combatant soldiers also work to ensure the safety of their nation, such as engineers, who tirelessly try to fix and manufacture the necessary means to win against hostiles while trying to reduce the number of casualties of their own.

It is with great consideration that Stolen Valor, defined as the act of impersonating a militant, typically for attention or the benefits that are typically given to soldiers, is to be criminalized, though only under the circumstances of a person knowingly lying about being a soldier to obtain money, personal property, or benefits that the military receives.

The Stolen Valor Act hereby outlaws civilians from impersonating an actual soldier purely for military benefits, receiving money or property, defining Stolen Valor as theft and fraud. This act will formally declare Stolen Valor a criminal offense worldwide. However, the punishment(s) of this crime shall be decided by each nation individually.

I am kind of in two minds about this. And both of them, sadly, dislike it.

My first problem is that there are a lot of people who put on a uniform and provide service to their country, a fair number of whom risk their lives into the bargain. And yet most of them are ignored and paid very little respect, even ridiculed for their trouble.

So while I have no problem with this applying to members of the military, I am curious as to why it should not apply to anyone else who fits the same criteria.

And my second problem is that, as a fair few other people have pointed out, I do not see how this is the business of The WA. Consider this - if the citizens of Calladan do not show due respect to members of the military while they are in Calladan, does that affect the members of your nation or not? If they come to your nation and do the same, then you can lock them up as you see fit, but if they do not do it in your nation, then how does that affect you or citizens in your nation?

[Bakhton]

"I believe what you're attempting to legislate against is already thoroughly covered by GA #110 Identity Theft Protection Act."

"The Identity Theft Protection Act is defined as 'Identity theft, as the crime of obtaining personal or financial information of another person without consent, for the purpose of assuming that person's name and/or to make fraudulent transactions or purchases.' On the contrary, the Stolen Valor act, though does involve condemning those that undertake the identity of a militant, it is not necessarily the act of using one's personal or financial information. It is simply the act of claiming to be a soldier."

"But the end in which it is harmful, mainly assuming government benefits or discounts, would fall under the category of fraudulent transactions. I fail to see what claiming to have been a soldier would do to harm society outside the previously stated fraudulent transactions, which would fall under precedent in GA #110 for all member nations."

[Rovikstead]

My first problem is that there are a lot of people who put on a uniform and provide service to their country, a fair number of whom risk their lives into the bargain. And yet most of them are ignored and paid very little respect, even ridiculed for their trouble.

So while I have no problem with this applying to members of the military, I am curious as to why it should not apply to anyone else who fits the same criteria.

I believe I have explained that all people in the military, from soldiers who risk their lives, to non-combatants, apply to this.

And my second problem is that, as a fair few other people have pointed out, I do not see how this is the business of The WA. Consider this - if the citizens of Calladan do not show due respect to members of the military while they are in Calladan, does that affect the members of your nation or not? If they come to your nation and do the same, then you can lock them up as you see fit, but if they do not do it in your nation, then how does that affect you or citizens in your nation?

This proposal simply defines Stolen Valor, in the context of using it to obtain items and benefits, as fraud. However, in my next draft, I will be sure to specifically say that Stolen Valor, under this act, will be considered criminal fraud.

[Calladan]

My first problem is that there are a lot of people who put on a uniform and provide service to their country, a fair number of whom risk their lives into the bargain. And yet most of them are ignored and paid very little respect, even ridiculed for their trouble.

So while I have no problem with this applying to members of the military, I am curious as to why it should not apply to anyone else who fits the same criteria.

I believe I have explained that all people in the military, from soldiers who risk their lives, to non-combatants, apply to this.

You have. But I am talking about police officers, fire fighters, paramedics who work in the inner cities and have to go into riot zones to treat people in emergencies.

All of these people put on a uniform to serve their country, all of these people could be asked to risk their lives. All of these people aren't given anywhere near enough respect.......

And my second problem is that, as a fair few other people have pointed out, I do not see how this is the business of The WA. Consider this - if the citizens of Calladan do not show due respect to members of the military while they are in Calladan, does that affect the members of your nation or not? If they come to your nation and do the same, then you can lock them up as you see fit, but if they do not do it in your nation, then how does that affect you or citizens in your nation?

This proposal simply defines Stolen Valor, in the context of using it to obtain items and benefits, as fraud. However, in my next draft, I will be sure to specifically say that Stolen Valor, under this act, will be considered criminal fraud.

Yes - I get that. But if a Calladanian citizen puts on the uniform of a Calladanian airman to convince someone she is a member of the Calladanian Airforce for nefarious purposes, and does it in Calladan, then what business is it of your government? How does it affect anyone in your nation? Because if it doesn't affect anyone in your nation, then I am not certain how you can make an argument for this being something that The WA should take an interest in.

If - however - you can convince me that the said citizen doing the nefarious act *is* the business of your government, then I will reconsider whether it is something that The WA should be paying attention to.

[Sandaoguo]

As a general rule, Sandaoguo doesn't believe the World Assembly should be in the business of writing criminal laws for non-international crimes. What does it matter to the Kingdom of Rovikstead if our islands don't criminalize the false claim of military service? We must concur with the other delegations here who have expressed doubts as to the appropriateness of this proposed international law. The ambassador from Rovikstead must provide a more than compelling reason for making this an internationalized issue.

文勋 Xūn Wén
Permanent Representative to the World Assembly