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[Draft] Amendment to the Security Powers Act - Printable Version

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[Draft] Amendment to the Security Powers Act - Cormac - 04-24-2017

I think the need for this has, frankly, become self-evident.

Quote:
Amendment to the Security Powers Act
An amendment to uphold due process in the exercise of security powers

1. Amendment to the Security Powers Act

(1) Article 1 of the Security Powers Act will be amended as follows:

Amendment to Article 1 of the Security Powers Act Wrote:1. Security Measures

(1) When there is compelling information presented to the Council on Regional Security that an individual poses a risk to regional security, the Council may declare the individual a security risk.

(2) Upon declaring an individual a security risk, the Council on Regional Security may subject that individual to increased security precautions, including:
a. Suspension of voting in the Assembly, if the individual is already a legislator, and in elections;
b. Prohibition against admission to legislator status, if the individual is not already a legislator;
c. Prohibition against standing for election or being appointed to any office;
d. Suspension of the exercise of any office the individual already holds, and all accompanying powers and privileges;
e. Prohibition or suspension of participation in government ministries;
f. Prohibition or suspension of service as a game-side Regional Officer;
g. Suspension of specific game-side Regional Officer powers;
h. Prohibition against maintaining a World Assembly nation in the South Pacific;
i. Restrictions on the number of endorsements the individual's World Assembly nation in the South Pacific may maintain.

(3) The Council on Regional Security will conduct an investigation to determine whether an individual declared a security risk poses a long-term threat to regional security.

(4) During the course of the investigation, the individual declared a security risk will have the opportunity to offer testimony and evidence to the Council on Regional Security in their own defense.

(5) If the Council on Regional Security determines that an individual declared a security risk does not pose a long-term threat to regional security, the Council will rescind its declaration that the individual is a security risk, and all precautions to which the individual had been subjected will be rescinded.

(6) If the Council on Regional Security determines that an individual declared a security risk poses a long-term threat to regional security, the Council will declare the individual a security threat.

(7) Upon declaring an individual a security threat, the Council on Regional Security may subject that individual to increased security precautions, including:
a. Removal from any office the individual already holds;
b. Prohibition against standing for election or being appointed to any office;
c. Removal of legislator status, if the individual is already a legislator;
d. Prohibition of legislator status;
e. Prohibition against participation in government ministries;
f. Prohibition against service as a game-side Regional Officer;
g. Prohibition against maintaining a World Assembly nation in the South Pacific.

(8) If the basis of a security threat declaration amounts or equates to criminal accusation, the Council on Regional Security must immediately press criminal charges. The security threat declaration will be rescinded should these charges not result in conviction.

(8) (9) After being declared a security threat by the Council on Regional Security, should the individual persist in posing a threat to regional security through further threatening behavior, the Council may impose bans against the individual game-side, via the regional forum, and via any other off-site property maintained for official use by the Coalition of the South Pacific. The Council may rescind such bans.

(9) (10) The Council on Regional Security may rescind a security threat declaration, at which time all precautions to which the individual had been subjected will be rescinded.



RE: [Draft] Amendment to the Security Powers Act - Imperial Frost Federation - 04-24-2017

I would also add clauses mandating that:
(1) CRS must give a full report with evidence to the Assembly and Cabinet before declaring a security threat and after completing an investigation

(2) CRS must update the Assembly and Cabinet when new information regarding the individual is found.

Since its not written in either charter or SPA


RE: [Draft] Amendment to the Security Powers Act - Cormac - 04-24-2017

(04-24-2017, 03:52 PM)Imperial Frost Federation Wrote: I would also add clauses mandating that:
(1) CRS must give a full report with evidence to the Assembly and Cabinet before declaring a security threat and after completing an investigation

(2) CRS must update the Assembly and Cabinet when new information regarding the individual is found.

Since its not written in either charter or SPA

I will incorporate these suggestions, and possibly other suggestions anyone wants to present (depending on whether I agree with those suggestions, obviously), in the second draft. Thanks.


RE: [Draft] Amendment to the Security Powers Act - Omega - 04-24-2017

I would say not just evidence but all evidence.
The evidence and full report should be privileged however the declaration and actions were taken should be required to be public, along with a public voting record on the risk and threat declaration.


RE: [Draft] Amendment to the Security Powers Act - Cormac - 04-24-2017

To be honest, I'm wondering at this point if we shouldn't just repeal the Security Powers Act and wait for security reform before considering new security powers legislation.


RE: [Draft] Amendment to the Security Powers Act - Belschaft - 04-27-2017

Motion to vote.


RE: [Draft] Amendment to the Security Powers Act - Rebeltopia - 04-27-2017

2nd. whenever the debate time is up...

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RE: [Draft] Amendment to the Security Powers Act - Omega - 04-27-2017

Just out of curiosity, would this be retroactive?


RE: [Draft] Amendment to the Security Powers Act - Roavin - 04-27-2017

(04-27-2017, 01:58 PM)Omega Wrote: Just out of curiosity, would this be retroactive?
Kinda gray. Technically we're protected from ex post facto by the BoR, but it implies trial and not a declaratory judgement.


RE: [Draft] Amendment to the Security Powers Act - Omega - 04-27-2017

IF this passes I would imagine we may see an LQ.