SuperKlaus Posted September 17, 2007 Report Share Posted September 17, 2007 I've been working on crafting my own superhero world at long last and, figuring the basic idea of a registration act is completely logical, have drafted a Superhuman and Paranormal Activity Regulation Act. Please find below the text of my Act, enacted in 1955 after the failure of a harsher version requiring federal service and modified in 1970 to respond to generally increased superhuman activity nationwide. I have decided not to amend this because of 9/11 but make notes elsewhere about the changes that event caused. [1] Definition of ‘Superhuman or Paranormal Ability’: A superhuman or paranormal ability is hereby defined as any power to perform at whim an act that by its nature or extent cannot be performed unaided by the majority of the population regardless of training. [2] Artificial Superhuman or Paranormal Abilities: Any individual who regularly effects one or more superhuman or paranormal abilities by means not innate to the body and not efficiently and practically reproducible by current sciences shall be considered to possess those one or more superhuman or paranormal abilities and be subject to the relevant provisions of this Act. [3] Establishment of the Department of Superhuman Oversight: There shall exist a new federal agency titled ‘Department of Superhuman Oversight’ (‘the Department’), tasked with the enforcement of the provisions of this Act, the creation and maintenance of a database of known superhuman and paranormal individuals and abilities, the recruitment, training, and equipping of both superhuman and paranormal agents and a force of human anti-superhuman agents, and the direction of all superhuman, paranormal, and human anti-superhuman assets to the efficient defense of each of the states of the Union from superhuman or paranormal threats. [4] Terms of Regulation: Any citizen of these United States possessing one or more superhuman or paranormal abilities shall as soon as he is reasonably able after coming into possession of said abilities report to the Department for regulation his legal name, Social Security number, and any and all places of legal residence. After submission of identifying information he shall accept limited and noninvasive testing of his superhuman or paranormal abilities with the intent of discovering the number and parameters of said abilities, and shall submit for recording all information he possesses on the origin of his superhuman or paranormal abilities. [5] Failure to Regulate: Any individual failing to abide by the provisions stated in [4] shall be guilty of misdemeanor punishable by fine. [6] Intellectual Rights: Individuals possessing a means of effecting superhuman or paranormal abilities as defined in [2] shall as part of the provisions of [4] be required to submit for recording all information he possesses on the nature and construction of said means, but the individual shall retain all intellectual and real rights with regard to said means. [7] The Superhuman and Paranormal Activity Database: The names, residences, Social Security numbers, appearance, and number, extent and nature of the superhuman or paranormal abilities possessed by tested individuals shall be recorded in a Superhuman and Paranormal Activity Database (‘the Database’) maintained by the Department. The Department shall be free to add to any individual’s entry in the Database information deemed necessary for effective regulation of that individual’s superhuman or paranormal abilities. The Department shall make every reasonable effort to ensure the security of this database from unauthorized use. [8] Certification: Upon receipt by the Department of Superhuman Oversight of an individual’s identifying information, completion of testing, and insertion of the individual’s relevant information into the Superhuman and Paranormal Activity Database, the individual shall be considered regulated and shall be issued a license certifying him as such. This license shall contain a photograph of the regulated individual as he chooses to appear when using his superhuman or paranormal abilities (if noticeably different from his appearance when not using said abilities), the name or names the individual chooses to be known by, an address at which the public may contact the individual, a brief description of the individual’s primary superhuman or paranormal abilities and their extent, and the individual’s reference number in the Superhuman and Paranormal Activity Database. [9] Change of Superhuman or Paranormal Abilities: Any regulated individual experiencing a significant change in the number, nature or extent of his superhuman or paranormal abilities shall notify the Department of Superhuman Oversight of the changes as soon as he is reasonably able and submit to testing and submit information as in [4]. The individual shall not make use of his new or altered abilities until testing is complete and an updated license has been issued, under threat of punishment as described in [12]. [10] Change of Identifying Information: Any regulated individual wishing to alter the name(s) or appearance(s) to be used while using superhuman or paranormal abilities shall notify the Department of Superhuman Oversight of his wishes at least thirty (30) days prior to enacting change and shall not enact change until he has received an updated license from the Department. [11] Failure to Report Change: Any individual failing to abide by the provisions stated in [9] or [10] shall be guilty of misdemeanor punishable by fine and suspension of regulated status. [12] Use of Unregulated Abilities: The use by any citizen of the United States of one or more superhuman or paranormal abilities not reported to and tested by the Department of Superhuman Oversight shall be a felony punishable by no more than one (1) year federal imprisonment. The offender may choose to mitigate conviction by immediate regulation as in [4]. [13] Verification of Identity Services: The Department of Superhuman Oversight shall notify all regulated individuals of their option of bestowing power of attorney upon employees of the Department so that the Department may represent regulated individuals in public and private matters. I'm looking for whatever constructive criticism you folks can offer. Do you see glaring inadequacies or loopholes? Does it not read smoothly, or like you think a real law should? What might you do in my place? This law is applied to a more or less "typical" superhero world, which is to say one not completely unlike Marvel's. Power origins are all across the board but power levels are generally in the "can easily wreck your SUV" area, and there is a superhero tradition stretching back to the 50s, though the tradition here has naturally included the government for almost the whole time. Related to this, of course, are tons of other legal questions such as whether heroes can testify masked (I have decided they need to but haven't figured out my legal mumbo jumbo for it yet). You got any questions or suggestions about super-types and the law, let them be known. I know quite a lot of you have presented work on government agencies and acts (that's why I'm asking for help here after all!) and if anyone wants to point me to work they're particularly proud of I'd appreciate it. Quote Link to comment Share on other sites More sharing options...
clsage Posted September 17, 2007 Report Share Posted September 17, 2007 Re: I have created a Regulation Act 6] Intellectual Rights: Individuals possessing a means of effecting superhuman or paranormal abilities as defined in [2] shall as part of the provisions of [4] be required to submit for recording all information he possesses on the nature and construction of said means, but the individual shall retain all intellectual and real rights with regard to said means. Hmmm...I'm a bit reticent about this. I see some significant ethical issues for (as an example) a hero who builds power armor to protect the innocent but who abhores war. Could he trust the government not to manufacture "knock-off versions" of his suit for use by the army ? [Yes..I'm an Iron Man fan and this dilemma is one from that comic] Intellectual property rights and his refusal to allow the army to use the suits might not hold up, if the government could claim "use for the common good" or eminant domain.... [13] Verification of Identity Services: The Department of Superhuman Oversight shall notify all regulated individuals of their option of bestowing power of attorney upon employees of the Department so that the Department may represent regulated individuals in public and private matters. I like this feature...I may have to borrow it for my own congressional act, The Special Response Groups Act of 1964. -Carl- Quote Link to comment Share on other sites More sharing options...
The Weapon Posted September 17, 2007 Report Share Posted September 17, 2007 Re: I have created a Regulation Act I've been working on crafting my own superhero world at long last and' date=' figuring the basic idea of a registration act is completely logical, have drafted a Superhuman and Paranormal Activity Regulation Act. Please find below the text of my Act, enacted in 1955 after the failure of a harsher version requiring federal service and modified in 1970 to respond to generally increased superhuman activity nationwide. I have decided not to amend this because of 9/11 but make notes elsewhere about the changes that event caused.[/quote'] SPARA[/b]] [1] Definition of ‘Superhuman or Paranormal Ability’: A superhuman or paranormal ability is hereby defined as any power to perform at whim an act that by its nature or extent cannot be performed unaided by the majority of the population regardless of training. Paverotti just got classified as a superhero, along with Einstein and the entire Olympic team. This clause is WAY too broad, it means that if you have a natural talent and training such that 50% of the population could not train to your level you're a Superbeing. Well that's good for my self-esteem but not good for the country. SPARA[/b]] [2] Artificial Superhuman or Paranormal Abilities: Any individual who regularly effects one or more superhuman or paranormal abilities by means not innate to the body and not efficiently and practically reproducible by current sciences shall be considered to possess those one or more superhuman or paranormal abilities and be subject to the relevant provisions of this Act. What does "efficently" mean? IF I have a device that can let me see neutrinos and nobody else can make such a device for less than a billion dollars does that mean they can't do it "efficently"? How about a million dollars? Ten? What if I had to spend a billion dollars to do it? Does that mean I still get classified even though I didn't do it any more efficently than anyone else? SPARA[/b]] [3] Establishment of the Department of Superhuman Oversight: There shall exist a new federal agency titled ‘Department of Superhuman Oversight’ (‘the Department’), tasked with the enforcement of the provisions of this Act, the creation and maintenance of a database of known superhuman and paranormal individuals and abilities, the recruitment, training, and equipping of both superhuman and paranormal agents and a force of human anti-superhuman agents, and the direction of all superhuman, paranormal, and human anti-superhuman assets to the efficient defense of each of the states of the Union from superhuman or paranormal threats. And what if some of those "assets" don't want to be at the direction of this agency? What if they prefer to work for the local sheriff's department. What if they are the local sheriff? SPARA[/b]] [4] Terms of Regulation: Any citizen of these United States possessing one or more superhuman or paranormal abilities shall as soon as he is reasonably able after coming into possession of said abilities report to the Department for regulation his legal name, Social Security number, and any and all places of legal residence. After submission of identifying information he shall accept limited and noninvasive testing of his superhuman or paranormal abilities with the intent of discovering the number and parameters of said abilities, and shall submit for recording all information he possesses on the origin of his superhuman or paranormal abilities. And would the results of this testing be kept under medical confidentiality? The implication is that it would not. SPARA[/b]] [5] Failure to Regulate: Any individual failing to abide by the provisions stated in [4] shall be guilty of misdemeanor punishable by fine. [6] Intellectual Rights: Individuals possessing a means of effecting superhuman or paranormal abilities as defined in [2] shall as part of the provisions of [4] be required to submit for recording all information he possesses on the nature and construction of said means, but the individual shall retain all intellectual and real rights with regard to said means. [7] The Superhuman and Paranormal Activity Database: The names, residences, Social Security numbers, appearance, and number, extent and nature of the superhuman or paranormal abilities possessed by tested individuals shall be recorded in a Superhuman and Paranormal Activity Database (‘the Database’) maintained by the Department. The Department shall be free to add to any individual’s entry in the Database information deemed necessary for effective regulation of that individual’s superhuman or paranormal abilities. The Department shall make every reasonable effort to ensure the security of this database from unauthorized use. [8] Certification: Upon receipt by the Department of Superhuman Oversight of an individual’s identifying information, completion of testing, and insertion of the individual’s relevant information into the Superhuman and Paranormal Activity Database, the individual shall be considered regulated and shall be issued a license certifying him as such. This license shall contain a photograph of the regulated individual as he chooses to appear when using his superhuman or paranormal abilities (if noticeably different from his appearance when not using said abilities), the name or names the individual chooses to be known by, an address at which the public may contact the individual, a brief description of the individual’s primary superhuman or paranormal abilities and their extent, and the individual’s reference number in the Superhuman and Paranormal Activity Database. [9] Change of Superhuman or Paranormal Abilities: Any regulated individual experiencing a significant change in the number, nature or extent of his superhuman or paranormal abilities shall notify the Department of Superhuman Oversight of the changes as soon as he is reasonably able and submit to testing and submit information as in [4]. The individual shall not make use of his new or altered abilities until testing is complete and an updated license has been issued, under threat of punishment as described in [12]. [10] Change of Identifying Information: Any regulated individual wishing to alter the name(s) or appearance(s) to be used while using superhuman or paranormal abilities shall notify the Department of Superhuman Oversight of his wishes at least thirty (30) days prior to enacting change and shall not enact change until he has received an updated license from the Department. [11] Failure to Report Change: Any individual failing to abide by the provisions stated in [9] or [10] shall be guilty of misdemeanor punishable by fine and suspension of regulated status. [12] Use of Unregulated Abilities: The use by any citizen of the United States of one or more superhuman or paranormal abilities not reported to and tested by the Department of Superhuman Oversight shall be a felony punishable by no more than one (1) year federal imprisonment. The offender may choose to mitigate conviction by immediate regulation as in [4]. [13] Verification of Identity Services: The Department of Superhuman Oversight shall notify all regulated individuals of their option of bestowing power of attorney upon employees of the Department so that the Department may represent regulated individuals in public and private matters. Quote Link to comment Share on other sites More sharing options...
Dr. Anomaly Posted September 17, 2007 Report Share Posted September 17, 2007 Re: I have created a Regulation Act Hmmm. Given the existence of superhumans with superhuman computer skills, a database like this cannot be kept secure, and that means that anyone in it will (I see this as a certainty) have their identity exposed or sold to some "interested party" at some point... and if it's a sufficiently-motivated supervillain who gets ahold of the info in that database, what follows is mass blackmail/enslavement or mass slaughter. Not exactly incentive to comply with the law. Quote Link to comment Share on other sites More sharing options...
Kevin Schultz Posted September 17, 2007 Report Share Posted September 17, 2007 Re: I have created a Regulation Act Hmmm. Given the existence of superhumans with superhuman computer skills, a database like this cannot be kept secure, and that means that anyone in it will (I see this as a certainty) have their identity exposed or sold to some "interested party" at some point... and if it's a sufficiently-motivated supervillain who gets ahold of the info in that database, what follows is mass blackmail/enslavement or mass slaughter. Not exactly incentive to comply with the law. Make it an in-game plot point (rather than a plot hole) that the database is secure, AND NO ONE CAN FIGURE OUT HOW THE FEDS DID IT. Current theories are as follows: 1. Relevant super-genius hackers already work for the government, and have designed the system with people like them in mind. 1a. A dedicated, Borg-like individual is permanently jacked inot the system to monitor it. 2. The information is stored in an alternate dimension. 3. Someone in the government made a deal with an obscure god of Secrets. 3a. there is a literal Deus Ex Machina in there; one of the metaphysical heroes (godling, Sorcerer Supreme, whatever) used a Divine Word as a password, and it secured the entire system by accident. Sure, you can hack it, if you can guess the True Name of the 8th Ring of Xin Shao's favorite Pet from the Dynasty of Broken Jade... 4. It's not really secure, but the hackers aren't letting anyone know until the time is right. 5. It has been successfully hacked, but the individuals used a social hack. But even with a success, the information seemed...tainted, somehow. Everyone involved in the social hack has come to ruin, and the information has been mysteriously lost. 6. the database is actually a giant Rabbit Garden: something to give super-hackers something to aim at. The real information is stored offline in a cell structure, with only the specific case handlers for specific metahumans knowing their real identities. EDIT - in short, it's easier to hire a telepath and pry it out of the hero's brain than it is to get it from the MetaDB. Quote Link to comment Share on other sites More sharing options...
Trebuchet Posted September 17, 2007 Report Share Posted September 17, 2007 Re: I have created a Regulation Act Mostly I feel a certain chill at seeing something like that in print even if it is fictional. I'm not certain it would have any real in-game utility unless you're playing Law Hero (where Steve Long would be the equivalent of Dr. Destroyer), but it is interesting and reads plausibly (at least to a non-lawyer). Quote Link to comment Share on other sites More sharing options...
Force Posted September 17, 2007 Report Share Posted September 17, 2007 Re: I have created a Regulation Act Hmmm.... I don't think this will work. After all, something like this was hashed out not to long ago in off topic. Rather than try to 'legaleaze' an actual 'regulation', just hand wave that your supers have to register with the government or go 'underground'. There is no way to enact such legislation without getting rid of half the US constitution. Quote Link to comment Share on other sites More sharing options...
SuperKlaus Posted September 19, 2007 Author Report Share Posted September 19, 2007 Re: I have created a Regulation Act Firstly, thank you very much for your polite feedback, everyone. I simul-posted this at the Something Awful forums and I do hope they're as polite. [/i] Paverotti just got classified as a superhero, along with Einstein and the entire Olympic team. This clause is WAY too broad, it means that if you have a natural talent and training such that 50% of the population could not train to your level you're a Superbeing. Well that's good for my self-esteem but not good for the country. Figures I'd err towards the ambiguous. What do you think if I specify "act" as "external manifestation of will?" Would you think Einstein could be reasonably argued as super then? Would you think it better to specify majority as 2/3 or some higher number? As for the Olympic athletes, I assumed they'd be covered under the idea that anyone, strictly speaking, can train to their level (fully aware that martial artist "supers" could escape my legislation), taking no account of "drive." Should I make my disregarding of "drive" more plain, or perhaps not disregard it? What does "efficently" mean? IF I have a device that can let me see neutrinos and nobody else can make such a device for less than a billion dollars does that mean they can't do it "efficently"? How about a million dollars? Ten? What if I had to spend a billion dollars to do it? Does that mean I still get classified even though I didn't do it any more efficently than anyone else? This I do not see as a problem. These questions are just the sort of things that have to get hashed out in court, and in my opinion are unavoidable because the law can never be perfectly precise. Do you feel my terms "efficiently" and "practically" were wisely chosen? And what if some of those "assets" don't want to be at the direction of this agency? What if they prefer to work for the local sheriff's department. What if they are the local sheriff? I am sorry, I should have made things quite a bit clearer. If I simply amend that to read "direction of its (The Department's) assets," do you still see a problem? There is no intention of forcing anyone to work for the DSO. And would the results of this testing be kept under medical confidentiality? The implication is that it would not. I am not sure I completely follow. They'll be kept in the Database; should I add more statements emphasizing the Database's confidential status? Would it help if I noted that the Database is, say, exempt from the Freedom of Information Act? Hmmm. Given the existence of superhumans with superhuman computer skills, a database like this cannot be kept secure... Not exactly an incentive to comply with the law. Quite true, but simply part of the hazards of the business. I was honestly fearing that the situation in my head was too kind to the registered! There is no way to enact such legislation without getting rid of half the US constitution. Are you saying this because you think government service is compulsory? If so, please understand I did not intend that and if I did not make it obvious that only regulation is compulsory and not DSO service I will fix that problem. My superhero world actually includes this Act as a follow-up to a failed "forced work" Act. If you're saying this understanding that service is not forced, please explain, because I don't follow. Trebuchet, Kevin Schultz, thank you for your input. Quote Link to comment Share on other sites More sharing options...
Kevin Schultz Posted September 19, 2007 Report Share Posted September 19, 2007 Re: I have created a Regulation Act I believe the main constitutional issues is the whole "one king, one law" idea - that you can't legally descriminate/segregate people (ie, write laws that specifically target a certian group) on the single basis of what they can do. A quasi-real-life version would be requiring that all martial artists register their hands as "deadly weapons". Any jurisdiction that attempted to do this would rapidly find itself in trouble with the ACLU. You CAN have a registration act that defines certian powers as deadly; as a consequence, anyone using them in commition of a crime increases the severity of that crime: ie, assualt->aggravated assualt. Similarly, you can put together a database that has the MO's of various criminals in it. If those MO's include the use of metahuman powers, that's just part of the information. But putting together a database which specifically targets a group for registration is unconstitutional, in the same sense that requiring a specific religous, political, or racial group to register would be. I beleive the 'handwave' option is usually includes clairifying what counts as a justified use of force in crime prevention and aprehension by non-police agents (ie, civilians), and what the procedures are for testifying in court as a consequence. Such laws may affect people with metahuman powers, but they don't specifically target those that have them. Quote Link to comment Share on other sites More sharing options...
TheRavenIs Posted September 19, 2007 Report Share Posted September 19, 2007 Re: I have created a Regulation Act This idea scares me. I could say why, but all I will say is that in that world......I'd be a villian under that law. I have very few if any Heroes that would follow it. They'd still be heroes, but eventually they would fall to the anti-superhuman forces and well........ Quote Link to comment Share on other sites More sharing options...
Manic Typist Posted September 19, 2007 Report Share Posted September 19, 2007 Re: I have created a Regulation Act [/i] Paverotti just got classified as a superhero, along with Einstein and the entire Olympic team. This clause is WAY too broad, it means that if you have a natural talent and training such that 50% of the population could not train to your level you're a Superbeing. Well that's good for my self-esteem but not good for the country. Actually, since it says "regardless of skill," athletes would not get this classification. It's only if a top level Olympic athlete could NOT do it, really Quote Link to comment Share on other sites More sharing options...
The Weapon Posted September 19, 2007 Report Share Posted September 19, 2007 Re: I have created a Regulation Act Firstly, thank you very much for your polite feedback, everyone. I simul-posted this at the Something Awful forums and I do hope they're as polite. Quote: Originally Posted by The Weapon Paverotti just got classified as a superhero, along with Einstein and the entire Olympic team. This clause is WAY too broad, it means that if you have a natural talent and training such that 50% of the population could not train to your level you're a Superbeing. Well that's good for my self-esteem but not good for the country.[/i] Figures I'd err towards the ambiguous. What do you think if I specify "act" as "external manifestation of will?" Then singing is very much that so Pavarotti's still in. Would you think Einstein could be reasonably argued as super then? Sure, he can write down a theory that explains time dilation because he wills it. I can't. Would you think it better to specify majority as 2/3 or some higher number? As for the Olympic athletes, I assumed they'd be covered under the idea that anyone, strictly speaking, can train to their level (fully aware that martial artist "supers" could escape my legislation), taking no account of "drive." Should I make my disregarding of "drive" more plain, or perhaps not disregard it? Either way I don't think 50% of the population could train to the level of olympic athletes, even if they had the drive. But in any case they don't, it's not part of their skill set. Quote: What does "efficently" mean? IF I have a device that can let me see neutrinos and nobody else can make such a device for less than a billion dollars does that mean they can't do it "efficently"? How about a million dollars? Ten? What if I had to spend a billion dollars to do it? Does that mean I still get classified even though I didn't do it any more efficently than anyone else? This I do not see as a problem. These questions are just the sort of things that have to get hashed out in court, and in my opinion are unavoidable because the law can never be perfectly precise. Do you feel my terms "efficiently" and "practically" were wisely chosen? Well no, not really. But then again perhaps you want a badly written piece of legislation to harrass the players with. It might be more fun than trying to have government actually help. I see what you are looking for here but really how do you stop the law applying to someone who makes something that's just smaller and faster than other people's stuff? Do you want people being classified as supers because they have a really fast airplane? You could do that if you wanted. Quote: And what if some of those "assets" don't want to be at the direction of this agency? What if they prefer to work for the local sheriff's department. What if they are the local sheriff? I am sorry, I should have made things quite a bit clearer. If I simply amend that to read "direction of its (The Department's) assets," do you still see a problem? There is no intention of forcing anyone to work for the DSO. Ahh... much better. Quote: And would the results of this testing be kept under medical confidentiality? The implication is that it would not. I am not sure I completely follow. They'll be kept in the Database; should I add more statements emphasizing the Database's confidential status? Would it help if I noted that the Database is, say, exempt from the Freedom of Information Act? Well no, because it's not exempt from the cops wanting to look at it every five minutes, not to mention the spooks. If I'm a mutant it may be difficult to determine if my DNA is compatible with standard human genetics. The NSA could probably figure it out faster than my personal doctor (unless it's Doctor Grey) and I'd rather I found out I was effectively sterile before the President. The information in the database would be very private and totally unsecurable against the government which controls it. No way I'd tell them anything more confidential than my hat size. Hmmm. Given the existence of superhumans with superhuman computer skills, a database like this cannot be kept secure... Not exactly an incentive to comply with the law. Quite true, but simply part of the hazards of the business. I was honestly fearing that the situation in my head was too kind to the registered! Quote: Originally Posted by Force There is no way to enact such legislation without getting rid of half the US constitution. Are you saying this because you think government service is compulsory? If so, please understand I did not intend that and if I did not make it obvious that only regulation is compulsory and not DSO service I will fix that problem. My superhero world actually includes this Act as a follow-up to a failed "forced work" Act. If you're saying this understanding that service is not forced, please explain, because I don't follow. Trebuchet, Kevin Schultz, thank you for your input. Quote Link to comment Share on other sites More sharing options...
incrdbil Posted September 19, 2007 Report Share Posted September 19, 2007 Re: I have created a Regulation Act [1] Definition of ‘Superhuman or Paranormal Ability’: A superhuman or paranormal ability is hereby defined as any power to perform at whim an act that by its nature or extent cannot be performed unaided by the majority of the population regardless of training. That makes many olympic atheletes and Lance Armstrong, whose feats are not just from training but due to exceptional physique, qualify. Heck, maybe most professional atheletes. At whim then makes the issue that a power that takes a lot of time to activate, o or resources questionable in coverage. Artificial Superhuman or Paranormal Abilities: Any individual who regularly effects one or more superhuman or paranormal abilities by means not innate to the body and not efficiently and practically reproducible by current sciences shall be considered to possess those one or more superhuman or paranormal abilities and be subject to the relevant provisions of this Act. How restricting technological development wouldnt start an uprising by every academic in the nation is..well, interesting. [3] Establishment of the Department of Superhuman Oversight: There shall exist a new federal agency titled ‘Department of Superhuman Oversight’ (‘the Department’), tasked with the enforcement of the provisions of this Act, the creation and maintenance of a database of known superhuman and paranormal individuals and abilities, the recruitment, training, and equipping of both superhuman and paranormal agents and a force of human anti-superhuman agents, and the direction of all superhuman, paranormal, and human anti-superhuman assets to the efficient defense of each of the states of the Union from superhuman or paranormal threats. So this Department is seperate form the DoJ, DoD..where does it fall in its descriiption, as law enforcement, or a military resource. The latter prevents its useage in the United states, the former..well, there's this thing call jurisdiction wars, as agencies compete. Just a plot angle for you. [4] Terms of Regulation: Any citizen of these United States possessing one or more superhuman or paranormal abilities shall as soon as he is reasonably able after coming into possession of said abilities report to the Department for regulation his legal name, Social Security number, and any and all places of legal residence. After submission of identifying information he shall accept limited and noninvasive testing of his superhuman or paranormal abilities with the intent of discovering the number and parameters of said abilities, and shall submit for recording all information he possesses on the origin of his superhuman or paranormal abilities. This would require a constitutional amednment in your game world if semi-realism for legal principles. And posessing is an interesting term. loopholes--"I dont own the armor, its just given to me." "The Spirity of Justice posesses me, I dont posess it." [5] Failure to Regulate: Any individual failing to abide by the provisions stated in [4] shall be guilty of misdemeanor punishable by fine. Honestly, if they went to the troubel of making a constitutional amendment, violation might be more than a federal misdemeanor. Failing to reporrt the ability to do somethign harnless liek glow as opposed to failing to report the ability to kill gain super strength by killing peope with your death touch might be another. [7] The Superhuman and Paranormal Activity Database: The names, residences, Social Security numbers, appearance, and number, extent and nature of the superhuman or paranormal abilities possessed by tested individuals shall be recorded in a Superhuman and Paranormal Activity Database (‘the Database’) maintained by the Department. The Department shall be free to add to any individual’s entry in the Database information deemed necessary for effective regulation of that individual’s superhuman or paranormal abilities. The Department shall make every reasonable effort to ensure the security of this database from unauthorized use. Well, thats goign to cause some controversy. Things like no-fly lists cause controversy now, so in your game wolrd, this lists possibel use in recording, say, family members of the super-being in question, would be critcized. [9] Change of Superhuman or Paranormal Abilities: Any regulated individual experiencing a significant change in the number, nature or extent of his superhuman or paranormal abilities shall notify the Department of Superhuman Oversight of the changes as soon as he is reasonably able and submit to testing and submit information as in [4]. The individual shall not make use of his new or altered abilities until testing is complete and an updated license has been issued, under threat of punishment as described in [12]. Spontaneus manifestation then puts someone in violation of this law--if its meant to be abused by the writers, then keep it this way. If it was meant to be 'fair' something like 'extenuating circumstances being an exception." [12] Use of Unregulated Abilities: The use by any citizen of the United States of one or more superhuman or paranormal abilities not reported to and tested by the Department of Superhuman Oversight shall be a felony punishable by no more than one (1) year federal imprisonment. The offender may choose to mitigate conviction by immediate regulation as in [4]. Well, most felonoies go way more than a year. A Federal Class A misdemenaor has a max punishment of 1 year and/or $100,000.00 fine. [13] Verification of Identity Services: The Department of Superhuman Oversight shall notify all regulated individuals of their option of bestowing power of attorney upon employees of the Department so that the Department may represent regulated individuals in public and private matters. Not part of a law--the person could do that anyway. This would be more in the Departments operating policies manual than an act. Go check out the Federal Register for a format to follow and language that is used. This act is a great reason why heroes go in costume though. Quote Link to comment Share on other sites More sharing options...
incrdbil Posted September 19, 2007 Report Share Posted September 19, 2007 Re: I have created a Regulation Act As for the Olympic athletes, I assumed they'd be covered under the idea that anyone, strictly speaking, can train to their level (fully aware that martial artist "supers" could escape my legislation), taking no account of "drive." Actually, many Olympic Atheletes are the lucky winners of training and genetics. Train me all you want--i'd never be a male gynast. Lance Armstrong has many unique phsyical characteristics that made him a biking machine. I'd clarify the language to place abilities not just beyond the majority of the population, but exceeding peak performance of recorded human ability, or demonstrating any ability not a demonstrably natural potential function of the human body. Quote Link to comment Share on other sites More sharing options...
Force Posted September 19, 2007 Report Share Posted September 19, 2007 Re: I have created a Regulation Act Are you saying this because you think government service is compulsory? If so' date=' please understand I did not intend that and if I did not make it obvious that only regulation is compulsory and not DSO service I will fix that problem. My superhero world actually includes this Act as a follow-up to a failed "forced work" Act. If you're saying this understanding that service is not forced, please explain, because I don't follow.[/quote'] This act is compulsory. In the USA people are free to do whatever they want as long as they don't impede on anyone else's ability to do whatever they want. Under this act, I could never ever use any 'super-human ability' and still be committing a crime just by the fact I did not register just because I have an ability. That doesn't happen under the current constitution or shouldn't happen under the current constitution. People have a right to privacy and that right can only be excluded under certain circumstances. There is no law that forces me to disclose anything and by simply not disclosing it makes me a criminal. What's next? How about if you don't register if you are gay making you a criminal? And this is one argument that is merely the tip of the iceberg. Just hand wave it and be done with it. If your players won't accept the 'hand wave', then you will have to go down another path or you will have to deal with disgruntled player(s). It's possible you could require some sort of 'license' to be a 'super hero' in your campaign and require liability insurance, being bonded, form a corporation, training, etc. However, once you get the government to start 'regulating' this kind of 'behavior', you are opening yet another can of worms. But do you really want to put your players through that during character creation/origin? Maybe it's a whole group of litigation attorneys that are in your group... Just hand wave it and be done with it. There is no legislation that could be created that would not be a pain. Quote Link to comment Share on other sites More sharing options...
cutsleeve Posted September 19, 2007 Report Share Posted September 19, 2007 Re: I have created a Regulation Act I'm gonna go with Captain America on this one. Should you really be trusting the government with your secret identity, your secrets to your "super powers", and the ability to decide who's a "super villain" today. Quote Link to comment Share on other sites More sharing options...
Trebuchet Posted September 19, 2007 Report Share Posted September 19, 2007 Re: I have created a Regulation Act If you're looking for a basis to build a campaign for the PC's to overthrow the hated Regulation Act, then you're onto something. If all you are looking for is some sort of government oversight of supers, then it's overkill and probably counterproductive. I can't imagine anyone wanting to be a superhero under those conditions. Viva la Revolución! Quote Link to comment Share on other sites More sharing options...
incrdbil Posted September 19, 2007 Report Share Posted September 19, 2007 Re: I have created a Regulation Act Yes, lets go back to the basics. Trebuchet was right to re-focus us. What is the game-purpose of this law? What type of game are we tallinh? A silver age agame? Golden Age? Bronze or Iron age? Depending on the above, this law goes from harmless '(think of the the agency in The Tncredibles) to outright evil. What do you want this Department to be, a friendly and useful resource, a questionable ally, or an outright menance to superheroes? Quote Link to comment Share on other sites More sharing options...
SuperKlaus Posted September 20, 2007 Author Report Share Posted September 20, 2007 Re: I have created a Regulation Act I believe the main constitutional issues is the whole "one king, one law" idea - that you can't legally descriminate/segregate people (ie, write laws that specifically target a certian group) on the single basis of what they can do. A quasi-real-life version would be requiring that all martial artists register their hands as "deadly weapons". Any jurisdiction that attempted to do this would rapidly find itself in trouble with the ACLU. I'm sorry to everyone else, I intend to respond to all constructive criticism with time. The issue of not being constitutional even without compulsory service has really grabbed my attention. I want to make it clear to everyone that I'm not trying to create an oppressive act trampling on the Constitution like what you've got in Marvel here! I simply felt that some manner of registration act only made sense and there had to be a way to do it in a kosher, jackboot-free manner. I want to say again that I really appreciate all the comments from everyone pointing out where I'm accidentally slipping into Tony Stark territory. I don't agree with your martial artists example because those people chose to obtain the thing to be registered, just like a gun owner, but that's not important. What would you say if I simply scratched out compulsory regulation? Perhaps restating my fourth part to read more like "Any individual wishing to use superhuman abilities must..." and retaining the penalty for unregulated powers use? If this is combined with a rewording of the definition of "power" to soothe fears of opera singers being prosecuted, would you consider it constitutional? And for reference, what part of the Constitution or established related law do you think I'm crossing? Or is it simply not palatable to general American principles as written? Edit: I realize as soon as I finish writing that I'd still have a problem with individuals whose powers cannot be turned off...I guess the only choice to avoid "criminalizing them for existing" would be to just ignore them, but there must be another way... Quote Link to comment Share on other sites More sharing options...
Trebuchet Posted September 20, 2007 Report Share Posted September 20, 2007 Re: I have created a Regulation Act I think a more realistic (and plausible) scenario would be that registered supers get certain legal protections that unregistered ones do not. Just as getting a license to carry a concealed weapon implies a certain level of training in when it is appropriate to use deadly force, supers who register might get similar training in the responsible use of their powers in exchange for protection under "good samaritan" laws and citizens' right to intervene in the event of a crime. Perhaps limited protection from lawsuits or some level of property-damage insurance might be part of that package. That way you could have sanctioned/registered heroes and others who are not registered but are still legal (much as a gun owner needs a license to carry concealed even in states where gun ownership is otherwise not restricted). Quote Link to comment Share on other sites More sharing options...
Clonus Posted September 20, 2007 Report Share Posted September 20, 2007 Re: I have created a Regulation Act [1] Definition of ‘Superhuman or Paranormal Ability’: A superhuman or paranormal ability is hereby defined as any power which produces more energy than can be explained by the caloric content of consumed food. [2] Artificial Superhuman or Paranormal Abilities: Any individual who regularly effects one or more superhuman or paranormal abilities by means of an instrumentality which can not be reproduced using currently available mass-production technology in the United States of America [3] Establishment of the Department of Superhuman Oversight: There shall exist a new federal agency titled ‘Department of Superhuman Oversight’ (‘the Department’), tasked with the enforcement of the provisions of this Act, the creation and maintenance of a database of known superhuman and paranormal individuals and abilities, the recruitment, training, and equipping of both superhuman and paranormal agents and a force of human anti-superhuman agents, and the direction of all superhuman, paranormal, and human anti-superhuman assets to the efficient defense of each of the states of the Union from superhuman or paranormal threats. [4] Terms of Regulation: Any citizen of these United States possessing one or more superhuman or paranormal abilities and desiring to use them in public shall report to the Department for regulation his legal name, Social Security number, and any and all places of legal residence. After submission of identifying information he shall accept limited and noninvasive testing of his superhuman or paranormal abilities with the intent of discovering the number and parameters of said abilities, and shall submit for recording all information he possesses on the origin of his superhuman or paranormal abilities. [5] Failure to Regulate: Any individual failing to abide by the provisions stated in [4] shall be guilty of misdemeanor punishable by fine. Willful use of such powers in such a way as to endanger any member of the public shall be a felony punishable by up to three years of imprisonment. [6] Intellectual Rights: Individuals possessing a means of effecting superhuman or paranormal abilities as defined in [2] shall as part of the provisions of [4] be required to submit for recording all information he possesses on the nature and construction of said means, but the individual shall retain all intellectual and real rights with regard to said means. [7] The Superhuman and Paranormal Activity Database: Superhuman or paranormal abilities possessed by tested individuals shall be recorded in a Superhuman and Paranormal Activity Database maintained by the Department and cross-referenced with biographical and geographical information contained on non-cybernetic media exclusively. Under no circumstances shall personal information held by the government be kept in any electronic storage device. The Department shall be free to add to any individual’s entry in the Database information deemed necessary for effective regulation of that individual’s superhuman or paranormal abilities. The Department shall make every reasonable effort to ensure the security of this database from unauthorized use. [8] Certification: Upon receipt by the Department of Superhuman Oversight of an individual’s identifying information, completion of testing, and insertion of the individual’s relevant information into the Superhuman and Paranormal Activity Database, the individual shall be considered regulated and shall be issued a license certifying him as such. This license shall contain a photograph of the regulated individual as he chooses to appear when using his superhuman or paranormal abilities (if noticeably different from his appearance when not using said abilities), the name or names the individual chooses to be known by, an address at which the public may contact the individual, a brief description of the individual’s primary superhuman or paranormal abilities and their extent, and the individual’s reference number in the Superhuman and Paranormal Activity Database. [9] Change of Superhuman or Paranormal Abilities: Any regulated individual experiencing a significant change in the number, nature or extent of his superhuman or paranormal abilities shall notify the Department of Superhuman Oversight of the changes as soon as he is reasonably able and submit to testing and submit information as in [4]. The individual shall not make use of his new or altered abilities until testing is complete and an updated license has been issued, under threat of punishment as described in [5]. [10] Change of Identifying Information: Any regulated individual wishing to alter the name(s) or appearance(s) to be used while using superhuman or paranormal abilities shall notify the Department of Superhuman Oversight of his wishes at least thirty (30) days prior to enacting change and shall not enact change until he has received an updated license from the Department. [11] Failure to Report Change: Any individual failing to abide by the provisions stated in [9] or [10] shall be guilty of misdemeanor punishable by fine and suspension of regulated status. [12] Verification of Identity Services: The Department of Superhuman Oversight shall notify all regulated individuals of their option of bestowing power of attorney upon employees of the Department so that the Department may represent regulated individuals in public and private matters. Quote Link to comment Share on other sites More sharing options...
incrdbil Posted September 20, 2007 Report Share Posted September 20, 2007 Re: I have created a Regulation Act [1] Definition of ‘Superhuman or Paranormal Ability’: A superhuman or paranormal ability is hereby defined as any power which produces more energy than can be explained by the caloric content of consumed food. And what about those powers which dont register any output of energy? Breathing in water as well as air really doesnt fit that definition, but is a superhuman ability. This is a good element of a definition though. [5] Failure to Regulate: Any individual failing to abide by the provisions stated in [4] shall be guilty of misdemeanor punishable by fine. Willful use of such powers in such a way as to endanger any member of the public shall be a felony punishable by up to three years of imprisonment. You may want to mention that any other applicable offenses will apply in addition to this charge--and simply make the use of superpowers an aggravating condition in terms of sentencing for these offenses. This applicable laws of this department and regulations would be huge, so dont stress over covering everything. Quote Link to comment Share on other sites More sharing options...
Clonus Posted September 20, 2007 Report Share Posted September 20, 2007 Re: I have created a Regulation Act And what about those powers which dont register any output of energy? Breathing in water as well as air really doesnt fit that definition' date=' but is a superhuman ability. This is a good element of a definition though.[/quote'] Fishboy gets a pass. The theory is that if that's all he got, then he doesn't pose a potential threat to the public at large, even though he may have pretty useful trick. But lots of people have a useful trick. Pavarotti has a useful trick. The Littlest Hobo can read newspapers. That's a useful trick too, considering he's a dog. But it isn't going to accidentally discharge and perforate a bystander. Quote Link to comment Share on other sites More sharing options...
incrdbil Posted September 20, 2007 Report Share Posted September 20, 2007 Re: I have created a Regulation Act Fishboy gets a pass. The theory is that if that's all he got, then he doesn't pose a potential threat to the public at large, even though he may have pretty useful trick. But lots of people have a useful trick. Pavarotti has a useful trick. The Littlest Hobo can read newspapers. That's a useful trick too, considering he's a dog. But it isn't going to accidentally discharge and perforate a bystander. What if Fishboy has glands that produce a toxic venom he can use on others with a bite? Or touch? Quote Link to comment Share on other sites More sharing options...
Kevin Schultz Posted September 20, 2007 Report Share Posted September 20, 2007 Re: I have created a Regulation Act What would you say if I simply scratched out compulsory regulation? Perhaps restating my fourth part to read more like "Any individual wishing to use superhuman abilities must..." and retaining the penalty for unregulated powers use? If this is combined with a rewording of the definition of "power" to soothe fears of opera singers being prosecuted, would you consider it constitutional? I think Trebuchet's idea below is probably a pretty good idea regarding the vigilante laws - voulentary registration for increased legal protection, on par with Concealed Carry permits. Further making a use of a metapower in conjunction with a crime also seems like a reasonable law, inasmuch as you can identify exactally what a meta-power is. However, the 'manditory registration' part is ultiamtely a constitutional issue: it violates the 14th Amendment. (See below.) And for reference, what part of the Constitution or established related law do you think I'm crossing? Or is it simply not palatable to general American principles as written? 14th Amendment - Equal Protection clause. If someone is required to register with the government for what they are, then they have less legal protections than others: at the least, they have less privacy, which is considered a constitutional right. Edit: I realize as soon as I finish writing that I'd still have a problem with individuals whose powers cannot be turned off...I guess the only choice to avoid "criminalizing them for existing" would be to just ignore them, but there must be another way... Again, I'd go with the carrot approach of "voulentary registration gets you increased legal protection" , and the stick approach of "use of a meta power in commission of a crime aggravates the offense". Quote Link to comment Share on other sites More sharing options...
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