[DRAFT] Intellectual Freedom Act

[Unibot]

Intellectual Freedom Act
Category: Human Rights | Strength: Strong

The General Assembly,

Understanding that it is generally an inclination of a despotic and undesirable government to suppress intellectualism via force if necessary,

Asserting that no person – in regards to our duty, to make the world a better place – ought to be forced into a decision between their intellect and their life,

Hereby Declares:

1. All nations who reportedly, are in the current process of ostracizing, detaining or otherwise executing any person or persons to suppress or deter the expression or diffusion of intellectualism shall be one of the focuses of international surveillance and reconnaissance by member-nations;

2. Any well documented and substantial reports – reports conducted by member-nations – of individuals being suppressed or used as deterrence for the same motive as expressed in the aforementioned clause, shall be open and shared with all member-nations of the World Assembly;

3. Member-nations have the duty to, (1) diplomatically approach said transgressing nations, with the intention of securing intellectual freedom, (2) partake and/or assist (assistance by action or even simply, cooperative non-interference) in any military or covert action to aid in the protection and/or migration of individuals to asylum-granting member-nations or the facility of the WA Headquarters, when said individual's lives are surely threatened for harboring intellectualism in any form, (3) prevent said individuals from returning to such perilous circumstances under coercion, or otherwise ensure their safety and wellbeing;

4. It is the responsibility of Universal Library Coalition (ULC) to offer an unrestricted and uncharged service of openly publicizing – in printed and digital form that is unedited and unabridged– the collected works of intellectuals who, too consumed by the persecution of intellectuals in their own nation, have not had the opportunity to publicize or establish a copyright on their work;

5. The aforementioned service by the ULC shall in no way prevent the author(s) from pursuing the copyrighting and publication of their own work by a third party;

6. The ULC shall omit any work that have been added to the library by the aforementioned service, that its author(s) asks to be omitted. This request will not be considered valid or legitimate if it is found to be a coerced or fabricated request -- thus, verification of identity, and their reasons for the request is of the utmost importance.

[Embolalia]

What exactly constitutes "intellectualism", and who is doing this surveillance?

[Glen-Rhodes]

I like the idea of the Universal Library housing the works of persecuted authors. Throughout history, commentators across the spectrum, including activists and scientists, have found their own nations to be hostile to their ideas. The protection of these authors' works should be just the thing the ULC would want to pursue. Of course, there is overlap with Freedom of Expression. But that resolution only applies to de jure censorship by the state and not to the de facto censorship you are addressing.

There needs to be some polishing, though. As already evident, there will be confusion over what 'intellectualism' is. I'm not sure how you can explain it; it's one of those things that you know what it is, but couldn't give a succinct definition. The assisted and protected migration of persecuted intellectuals could be a rough spot, as well. To where are they being sent? Glen-Rhodes would certainly consider asylum for these types of people, but the text doesn't really mention if they're being sent to nations or being housed by the World Assembly itself. It's pretty obvious that the former is intended; the text just needs to say so.

- Dr. B. Castro

[Mousebumples]

Possible conflict with the text of the ULC:

Universal Library Coalition
ENCOURAGES all nations to join the ULC, to allow for the spreading of information and ideas across the Nation States universe. Participating nations will have the Universal Library made available to all of their internet portals. Member nations may also choose to provide content filters for their citizenry. Participating nations may build physical libraries within their borders at their own cost. Each participating nation will maintain a backup of their national data archived within the ULC.

Due to arguments made during drafting of the original passage of this resolution (in the historical body), I reserved the rights of participating nations to provide "content filters." This could be used to censor certain works, subjects, authors, etc.

Specifically, this seems to be in conflict with the following line in your proposal text:

4. It is the responsibility of Universal Library Coalition (ULC) to offer an unrestricted and uncharged service of openly publicizing – in printed and digital form that is unedited and unabridged– the collected works of intellectuals who, too consumed by the persecution of intellectuals in their nation, have not had the opportunity to publicize or establish a copyright on their work;

As member nations are allowed the right to edit and/or abridge and/or remove from viewing various aspects of ULC content, this appears to be in direct conflict with the ULC clause listed above. Whether it's an amendment or contradiction .... I don't know.

And while I am always happy to have an extension of the ULC, this isn't an extension of the ULC, as I read it. In fact, as I read it, it's likely to be subject to House of Cards. What if ULC was to be repealed? How can the ULC uphold such a responsibility (as outlined in your proposal text) if it no longer exists?

[Unibot]

I like the idea of the Universal Library housing the works of persecuted authors. Throughout history, commentators across the spectrum, including activists and scientists, have found their own nations to be hostile to their ideas. The protection of these authors' works should be just the thing the ULC would want to pursue. Of course, there is overlap with Freedom of Expression. But that resolution only applies to de jure censorship by the state and not to the de facto censorship you are addressing.

There needs to be some polishing, though. As already evident, there will be confusion over what 'intellectualism' is. I'm not sure how you can explain it; it's one of those things that you know what it is, but couldn't give a succinct definition. The assisted and protected migration of persecuted intellectuals could be a rough spot, as well. To where are they being sent? Glen-Rhodes would certainly consider asylum for these types of people, but the text doesn't really mention if they're being sent to nations or being housed by the World Assembly itself. It's pretty obvious that the former is intended; the text just needs to say so.

- Dr. B. Castro

A definition was already in the works, but it is pretty hard to define.

Um, I don't want to overlap this proposal with the Refugee proposal, however, but I think I can spare a line or two about where we would permit these refugees migrating to.

Possible conflict with the text of the ULC:

Universal Library Coalition
ENCOURAGES all nations to join the ULC, to allow for the spreading of information and ideas across the Nation States universe. Participating nations will have the Universal Library made available to all of their internet portals. Member nations may also choose to provide content filters for their citizenry. Participating nations may build physical libraries within their borders at their own cost. Each participating nation will maintain a backup of their national data archived within the ULC.

Due to arguments made during drafting of the original passage of this resolution (in the historical body), I reserved the rights of participating nations to provide "content filters." This could be used to censor certain works, subjects, authors, etc.

Specifically, this seems to be in conflict with the following line in your proposal text:

4. It is the responsibility of Universal Library Coalition (ULC) to offer an unrestricted and uncharged service of openly publicizing – in printed and digital form that is unedited and unabridged– the collected works of intellectuals who, too consumed by the persecution of intellectuals in their nation, have not had the opportunity to publicize or establish a copyright on their work;

As member nations are allowed the right to edit and/or abridge and/or remove from viewing various aspects of ULC content, this appears to be in direct conflict with the ULC clause listed above. Whether it's an amendment or contradiction .... I don't know.

Presumely, the "content filters" are filtering and not altering the actual source... some nations alter the work in distribution -- but the source remains unrestricted, uncharged, unedited and unabridged.

And while I am always happy to have an extension of the ULC, this isn't an extension of the ULC, as I read it. In fact, as I read it, it's likely to be subject to House of Cards. What if ULC was to be repealed? How can the ULC uphold such a responsibility (as outlined in your proposal text) if it no longer exists?

It is grandfathered, as far as I know.

[Quelesh]

I like this idea, but:

3. Member-nations have the duty to [...] partake [...] in [...] military [...] action [...];

This would be troubling.

[Unibot]

I like this idea, but:

3. Member-nations have the duty to [...] partake [...] in [...] military [...] action [...];

This would be troubling.

I wrote around it saying that you at-least have the duty to just .. stay out of the way.. of military operations, and don't do something that could jeopardize the mission.

[Grays Harbor]

partake and/or assist (assistance by action or even simply, cooperative non-interference) in any military or covert action to aid in the protection and/or migration of individuals

You are going to try and codify and legitimize the use of military and/or covert action against sovereign nations by WA members? This we cannot support.

[Unibot]

partake and/or assist (assistance by action or even simply, cooperative non-interference) in any military or covert action to aid in the protection and/or migration of individuals

You are going to try and codify and legitimize the use of military and/or covert action against sovereign nations by WA members? This we cannot support.

You may simply just stay out of the way of such military actions, if you wish, that is a permissible duty.

[Eireann Fae]

"When you say 'All nations...' in the first clause, do you mean 'All member nations', or are we to assume that intellectuals may be freed from non-member nations..?"

[Unibot]

"When you say 'All nations...' in the first clause, do you mean 'All member nations', or are we to assume that intellectuals may be freed from non-member nations..?"

The former. Intellectuals may be freed from non-member-nations, in fact that would mostly be what this resolution is concerned about, unless the freedom of expression is not complied to in member-nations.

[Grays Harbor]

You are going to try and codify and legitimize the use of military and/or covert action against sovereign nations by WA members? This we cannot support.

You may simply just stay out of the way of such military actions, if you wish, that is a permissible duty.

No. It is OUR duty not to condone such arbitrary actions. Staying out of the way, as you so artfully put it, is not an option.

[Charlotte Ryberg]

I like the idea of the Universal Library housing the works of persecuted authors. Throughout history, commentators across the spectrum, including activists and scientists, have found their own nations to be hostile to their ideas. The protection of these authors' works should be just the thing the ULC would want to pursue. Of course, there is overlap with Freedom of Expression. But that resolution only applies to de jure censorship by the state and not to the de facto censorship you are addressing.

There needs to be some polishing, though. As already evident, there will be confusion over what 'intellectualism' is. I'm not sure how you can explain it; it's one of those things that you know what it is, but couldn't give a succinct definition. The assisted and protected migration of persecuted intellectuals could be a rough spot, as well. To where are they being sent? Glen-Rhodes would certainly consider asylum for these types of people, but the text doesn't really mention if they're being sent to nations or being housed by the World Assembly itself. It's pretty obvious that the former is intended; the text just needs to say so.

- Dr. B. Castro

A definition was already in the works, but it is pretty hard to define.

Um, I don't want to overlap this proposal with the Refugee proposal, however, but I think I can spare a line or two about where we would permit these refugees migrating to.

Wouldn't it be simpler if we just called for member states to take in intellectual refugees? Just wondering.

[Grays Harbor]

Wouldn't it be simpler if we just called for member states to take in intellectual refugees? Just wondering.

Does that mean we can now legally exclude stupid refugees? Just wondering.

[Charlotte Ryberg]

Wouldn't it be simpler if we just called for member states to take in intellectual refugees? Just wondering.

Does that mean we can now legally exclude stupid refugees? Just wondering.

No. However, I am confused about what the military has to do with a draft about preserving intellectual freedom.

[Grays Harbor]

Does that mean we can now legally exclude stupid refugees? Just wondering.

No. However, I am confused about what the military has to do with a draft about preserving intellectual freedom.

Ask the author, which is not us. We too have concerns about the military element of this draft.

[Holy Roman Confederate]

Legislation giving tacit approval of covert and or overt military action in the name of safeguarding intellectualism is a highly slippery slope. I can see this being abused and leading to much larger problems.

[Ardchoille]

* Army, Police, SWAT, etc

The WA doesn't get an army. Nor does it get to form The World Police. This is pretty clear: don't do it.

Nice try, but no cigar.

Also check for optionality.

When refining your definitions, remember the negative (even pejorative) usage of "intellectualism" as "overthinking" (for RW examples, see Marxists, Maoists and some theologians).

[Glen-Rhodes]

No. However, I am confused about what the military has to do with a draft about preserving intellectual freedom.

It's about rescuing persecuted peoples. You can't legislate away de facto persecution, by its very nature.

- Dr. B. Castro

Nice try, but no cigar.

I don't think it's so much that rule as it is Rights and Duties. The rule doesn't prevent the World Assembly from having its member nations go to war. Rights and Duties does mandate neutrality in 'civil and international strife,' though. However, the ICC certainly isn't neutral and it also compels, albeit in a voluntary manner, 'peaceful' military action in the same way as this proposal does.

I don't even think that it requires voluntary action, either. Rights and Duties only prevents the "WA ... commanding, organising, ratifying, denouncing, or otherwise participating in armed conflicts, police actions, or military activities under the WA banner." But Unibot could really avoid a legality fight by simply copying the ICC, here.

[Krioval]

Peaceful military actions? Oh, you mean like when the Imperial Chiefdom annexes one of its smaller neighbors.

Henrik Søgård
Imperial Chiefdom of Krioval

[Unibot]

I don't even think that it requires voluntary action, either. Rights and Duties only prevents the "WA ... commanding, organising, ratifying, denouncing, or otherwise participating in armed conflicts, police actions, or military activities under the WA banner." But Unibot could really avoid a legality fight by simply copying the ICC, here.

I don't see how armed conflict or military activities are being conducted under the WA banner with his legislation, so I am genuinely confused about the rules of the WA.

[The Palentine]

<snip>...so I am genuinely confused about the rules of the WA.

Your admission actually suprises nobody here in the Festering Snakepit, Spanky.
Excelsior,
Sen. Horatio Sulla

I do have to agree with the esteemed ambassador from Mousebumples. In my humble opinion this resolution as written would be subject to a HoC violation whether it is grandfathered in or not , as 3 of the six provisions depend on the existance of the ULC. Of course I am not a mod, or do not pretend to be, but common sense would dictate this outcome.

[Glen-Rhodes]

Peaceful military actions? Oh, you mean like when the Imperial Chiefdom annexes one of its smaller neighbors.

Apparently so, considering the World Assembly has legalized war and cannot interfere itself to stop the Imperial Chiefdom. The annexation would need to steer clear of what we consider war crimes and crimes against humanity, though. Otherwise, the Imperial Chiefdom might be facing peaceful military actions from some other member nation...

- Dr. B. Castro

I do have to agree with the esteemed ambassador from Mousebumples. In my humble opinion this resolution as written would be subject to a HoC violation whether it is grandfathered in or not , as 3 of the six provisions depend on the existance of the ULC. Of course I am not a mod, or do not pretend to be, but common sense would dictate this outcome.

OOC: If the resolution were repealed, the ULC and all its libraries would still exist to serve the duties assigned to it by this proposal. Committees don't fall under HoC.

[American Capitalist]

There definitely needs to be a definition of what constitutes an intellectual in the proposal. However other than that we agree with the idea and don't see any problems with it.

[Mousebumples]

I do have to agree with the esteemed ambassador from Mousebumples. In my humble opinion this resolution as written would be subject to a HoC violation whether it is grandfathered in or not , as 3 of the six provisions depend on the existance of the ULC. Of course I am not a mod, or do not pretend to be, but common sense would dictate this outcome.

OOC: If the resolution were repealed, the ULC and all its libraries would still exist to serve the duties assigned to it by this proposal. Committees don't fall under HoC.

Do you see the creation of a committee in the proposal text as written? (Other than ULC, which already exists.)

I don't. I see a service that was not assigned to the ULC in the original resolution (or the IDE resolution, which created a subcommittee named DOCTUS), and therefore reeks of amending an existing resolution, so far as I'm concerned. And there's where the HoC (and/or Amendment rule) gets this proposal into trouble.