Thread Rating:
  • 0 Vote(s) - 0 Average
  • 1
  • 2
  • 3
  • 4
  • 5
Federal Land Theft Prevention Act of 2012
Federal Land Theft Prevention Act of 2012
#1
I dunno why, but I suddenly got the urge to write a wiki article about this little bit of Fenspace history.  Along the way I seem to be creating new bits of info from those dark years between 2006 and 2016. 
It's not done yet, but I'm posting what I have so far in case anyone wants to toss out things to contribute to it as I write.  Or to tell me to stop, for the love of god. 

The Federal Land Theft Protection Act of 2012
Infamous anti-[[Fen] legislation passed shortly after the launch of the ''[[Grover's Corners]'' from West Virginia on April 20, 2012.  Rushed through the legislative process and signed into law in a matter of weeks, the Act is now regarded as one of the great examples of the Law of Unintended Consequences.
==History==
In the immediate wake of the launch of the ''Grover's Corners'', a bipartisan group of United States senators (including (name), (name) and (name)) drafted a bill intended to outlaw the creation of [[Unreal Estate] within the borders of the United States.  The hastily-written legislation was the first time the term "[[land theft]" was used in an official government document, and the bill classified it as a [http://en.wikipedia.org/wiki/Classes_o ... ederal_law Class A Federal Felony], with each instance punishable with up to life imprisonment or a $250,000 fine. 
The bill was introduced to the United States Senate on 9 May 2012 as S.2767.  It was immediately referred to the U.S. Senate Committee on Homeland Security and Governmental Affairs, which surprised many observers, who expected it to be handled by the Senate Committee on Energy and Natural Resources.  Senator (name) explained in a press conference on 10 May 2012 that all matters concerning Handwavium and the Fen were national security issues, and in accordance with White House guidelines issued in 2008 the bill was referred to committee accordingly.  The bill received committee approval in a matter of days, which prompted some outside observers to object that it had not been reviewed thoroughly enough.  Despite this, the committee report on the Land Theft Act was published on 18 May, and the bill was subsequently placed on the Senate's Legislative Calendar. 
Debate on the bill was held on 12 June 2012, and lasted barely two hours.  The Land Theft Act passed on a voice vote with 79 yea votes, 17 nays, and 4 abstentions/absences.  It was immediately referred to the House of Representatives, where it became H.R.5789 and followed an almost identical track, starting with referral to the House Committee on Homeland Security.  Once again it was approved by the committee in a matter of days (several congressional watchdog organizations characterized this a a "rubber stamp" approval).  It came up for debate before the House on 9 July 2012, endured just under four hours' discussion, and was passed by a vote of 391 for, 37 against, and 7 abstentions/absences.
No reconciliation was necessary between the Senate and House versions of the bill, and President Rudolph Guiliani signed it into law on 10 July 2012.
==Flaws==
Almost from the first the Land Theft Act was criticized for its vague and overly-broad language, as well as its apparent intent to restrict an entire American subculture.  The Act's authors made a token attempt to keep it from looking like an explicitly anti-Fen law -- several of them had been burned badly in the abortive 2009 attempt to criminalize science fiction and fantasy literature, and all were aware that support for the Fen among American citizens was growing at that time, especially with some commentators lauding the launch of the ''Grover's Corners'' as a bold and courageous journey to a new frontier in the grand American tradition.  Still, the intent behind the law was considered obvious by many, and its fast-tracking through the Homeland Security committees was seen as a ploy to avoid possible Fen sympathizers in the Science and Technology committees.
However, in the process of "genericizing" the Act's terms and definitions to dodge accusations of Fen persecution, its authors accidentally opened up its targets to include far more than just those who intended to go to space.  At some point during early revisions, language requiring the use of Handwavium to alter the "shape, form, nature, composition and/or location" of a tract of land had unintentionally become disconnected from the definition of the new Federal crime, which was now defined simply as any such alteration, regardless of means, motive or intention.  As finally passed, the Act considered the use of Handwavium an "aggravating factor" mandating a maximum sentence, but no longer a requirement for a violation.
===Exploitation by Environmental Groups===
Activist environmental groups such as Greenpeace soon discovered this flaw in the Act.  While historically environmentalists have been sharply divided on the subject of Handwavium, a coalition of several such groups came together to exploit the law.  A small number of volunteers allowed themselves to be caught and prosecuted for "attempted Handwavium-assisted land theft" over the course of nearly a year.  Some pleaded guilty or no contest; others pled not guilty then put up half-hearted or inadequate defenses that resulted in their conviction.  No appeals were made, and the Land Theft Act was never challenged; in fact, defense attorneys went out of their way to acknowledge the validity of the Act. 
Once the last of these trials had entered into case law, the coalition sprang its trap.  Land theft accusations were made against several large mining concerns, most notably (name) and (name); complaints complete with chapter-and-verse quotations of the Act were sworn out against them, and arrests were made of both corporate officers and field supervisors.  As corporate lawyers attempted to extricate the mining firms from the charges in Federal courts, several P.R. firms hired by the coalition began parallel astroturf campaigns with the theme of "same crime, different results" and emphasizing how "the little guys" were prosecuted, but big companies were able to ignore Federal Law.  That in a number of the earlier cases the charges were dismissed or ignored only helped these campaigns, and eventually the pressure and attention they generated helped guarantee that later cases made it all the way to trial in Federal Court.
===Genuine Cases===
==Repeal==
// footers, etc. //
-- Bob
---------
Then the horns kicked in...
...and my shoes began to squeak.
Reply


Messages In This Thread
Federal Land Theft Prevention Act of 2012 - by Bob Schroeck - 08-27-2015, 04:00 AM
[No subject] - by Foxboy - 08-27-2015, 05:18 AM
[No subject] - by Threepony - 08-27-2015, 06:01 AM
[No subject] - by Dakota - 08-27-2015, 06:33 AM
[No subject] - by Bob Schroeck - 08-27-2015, 01:40 PM
[No subject] - by robkelk - 08-27-2015, 02:51 PM
[No subject] - by Threepony - 08-27-2015, 02:56 PM
[No subject] - by Foxboy - 08-27-2015, 04:22 PM
[No subject] - by Threepony - 08-27-2015, 06:30 PM
[No subject] - by Foxboy - 08-27-2015, 07:05 PM
[No subject] - by Dakota - 08-27-2015, 07:20 PM
[No subject] - by robkelk - 08-27-2015, 07:24 PM
[No subject] - by M Fnord - 08-27-2015, 07:36 PM
[No subject] - by JakeGrey - 08-27-2015, 07:42 PM
[No subject] - by Dakota - 08-27-2015, 08:26 PM
[No subject] - by Threepony - 08-27-2015, 10:08 PM
[No subject] - by LilFluff - 08-27-2015, 10:36 PM
[No subject] - by ECSNorway - 08-27-2015, 10:47 PM
[No subject] - by JakeGrey - 08-28-2015, 12:04 AM
[No subject] - by robkelk - 08-28-2015, 12:26 AM
[No subject] - by Threepony - 08-28-2015, 12:59 AM
[No subject] - by JakeGrey - 08-28-2015, 01:10 AM
[No subject] - by Bob Schroeck - 08-28-2015, 02:37 AM
[No subject] - by DeputyJones - 08-28-2015, 03:16 AM
[No subject] - by Bob Schroeck - 08-28-2015, 04:13 AM
[No subject] - by Foxboy - 08-28-2015, 05:38 AM
[No subject] - by Bob Schroeck - 09-04-2015, 01:23 AM
[No subject] - by Bob Schroeck - 12-29-2015, 04:11 PM
[No subject] - by Bob Schroeck - 12-31-2015, 09:29 PM
[No subject] - by Dartz - 12-31-2015, 11:15 PM
[No subject] - by robkelk - 01-01-2016, 01:13 AM
[No subject] - by Foxboy - 01-01-2016, 01:26 AM
[No subject] - by LynnInDenver - 01-01-2016, 03:14 AM
[No subject] - by M Fnord - 01-01-2016, 03:21 AM
[No subject] - by robkelk - 01-01-2016, 06:19 PM
[No subject] - by JakeGrey - 01-01-2016, 08:28 PM
[No subject] - by Dartz - 01-01-2016, 10:39 PM
[No subject] - by JakeGrey - 01-01-2016, 10:46 PM
[No subject] - by Dartz - 01-01-2016, 10:53 PM
[No subject] - by robkelk - 01-02-2016, 01:25 AM
[No subject] - by Bob Schroeck - 01-04-2016, 06:10 PM
[No subject] - by ECSNorway - 01-04-2016, 07:45 PM
[No subject] - by M Fnord - 01-04-2016, 08:58 PM
[No subject] - by Bob Schroeck - 01-05-2016, 05:09 AM
[No subject] - by ECSNorway - 01-05-2016, 08:58 PM
[No subject] - by Foxboy - 01-06-2016, 10:02 AM
[No subject] - by Bob Schroeck - 01-06-2016, 03:26 PM
[No subject] - by Bob Schroeck - 01-06-2016, 07:56 PM
[No subject] - by Foxboy - 01-06-2016, 08:17 PM
[No subject] - by Bob Schroeck - 01-06-2016, 08:32 PM
[No subject] - by DeputyJones - 01-07-2016, 02:37 AM
[No subject] - by Bob Schroeck - 01-07-2016, 03:37 AM
[No subject] - by Foxboy - 01-07-2016, 06:25 AM
[No subject] - by robkelk - 01-07-2016, 07:13 PM
[No subject] - by Bob Schroeck - 01-08-2016, 04:06 AM
Little Mac - by Ross Van Loan - 01-08-2016, 06:24 AM
[No subject] - by Bob Schroeck - 01-09-2016, 02:04 AM
[No subject] - by Bob Schroeck - 01-09-2016, 02:04 AM
[No subject] - by LynnInDenver - 01-09-2016, 04:25 AM
[No subject] - by Foxboy - 01-09-2016, 05:23 AM
[No subject] - by M Fnord - 01-09-2016, 07:22 AM
[No subject] - by Bob Schroeck - 01-09-2016, 07:37 AM

Forum Jump:


Users browsing this thread: 1 Guest(s)