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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.
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#2
One name for you right off the bat: Senator Wallace Webster (R, NH) got into office in 2008 by framing the future Vulpine Fury as a Terrorist and riding the fear wave. He'd be a good choice.
''We don't just borrow words; on occasion, English has pursued other languages down alleyways to beat
them unconscious and rifle their pockets for new vocabulary.''

-- James Nicoll
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#3
I'd add a Representative Isabella Ward. A newly elected (in 2008 after a 6 year service as part of the Tenessee legislature) Congressional Representative who rose up to national prominence in the early handwavium hysterias and riding off of the war-heroism of her brother, one Louis-Reynold Ward, a former major in the US Army Corps of Engineers who was crippled in action when his unit blundered into the HQ compound of the guys who would become ISIS/the da'esh in our timeline and wiped out the fledgeling terror organization before it could properly organize and stabilized the north-western part of Iraq greatly in the process. Their family has noted white supremacist members in the semi-recent past (1980s), and their parents died under mysterious circumstances in the fall of 2009.

She's one of the primary annoyances for my character and the crusaders he's caring for, mostly out of familial blood-feuding and spite when he refused to live up to their parents low example and kicked her out of the family and the relatively pitiful family holdings when she tried to use his status to boost her career and organize discrete hate groups in the appalachians. Arranges for the state police and NG to find out about his handwavium use and for a good chase to chase him up into orbit in mid 2013 in order to get back at the family contacts and resources, as well as getting at his spare handwavium stocks for her own nefarious uses.
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#4
This law is going to set a recorded in how fast it'll get repealed, that if the Supreme Court doesn't kill it first. Because the starry eyed environmentalists are going to unknowingly turn it into a clusterfuck. When anyone with a grudge realizes they can abuse it against people they don't like. As it covers everything, from building a house to planting a field. Since the environmentalists are the ones that screamed it to the heavens, they'll eat most of the backlash in the end.
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Dakota
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#5
Threepony, what party is Ward in?

Dakota, that's pretty much what happens, as we have it summarized in capsule form here and there on the Wiki -- basically, after a couple of the big mining firms take hits from the law, they throw their lobbying money and campaign contributions to people who aren't bugshit antiFen and are willing to be reasonable about repealing it. The law won't get to the SCOTUS as it's not actually unconstitutional, just so badly written that it's useless. If I didn't have to leave for work in literally seconds I'd go dig out the relevant passages from the wiki to show the historical framework that's already sketched out.
-- Bob
---------
Then the horns kicked in...
...and my shoes began to squeak.
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#6
I'm sure we can find a few appropriate company names by following the links from http://en.wikipedia.org/wiki/Surface_mining#References - I'd recommend picking some from various parts of the country, rather than all from an area covered by one Circuit Court. I also have to leave for work in seconds, so I can't recommend any right now...
--
Rob Kelk
"Governments have no right to question the loyalty of those who oppose
them. Adversaries remain citizens of the same state, common subjects of
the same sovereign, servants of the same law."

- Michael Ignatieff, addressing Stanford University in 2012
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#7
Bob Schroeck Wrote:Threepony, what party is Ward in?

Dakota, that's pretty much what happens, as we have it summarized in capsule form here and there on the Wiki -- basically, after a couple of the big mining firms take hits from the law, they throw their lobbying money and campaign contributions to people who aren't bugshit antiFen and are willing to be reasonable about repealing it. The law won't get to the SCOTUS as it's not actually unconstitutional, just so badly written that it's useless. If I didn't have to leave for work in literally seconds I'd go dig out the relevant passages from the wiki to show the historical framework that's already sketched out.
Republican. 
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#8
So it's likely our Democrat is from the South, a blue dog conservative or similar.
''We don't just borrow words; on occasion, English has pursued other languages down alleyways to beat
them unconscious and rifle their pockets for new vocabulary.''

-- James Nicoll
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#9
Foxboy Wrote:So it's likely our Democrat is from the South, a blue dog conservative or similar.
Wouldn't any Blue Dog Democrats get wiped out in a republican resurgence like what was seen in Fenspace?
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#10
Depends on how "crazy" the Republican candidates came across, or if folks were offended by the attack ads. ("Dude, you're not even trying to hide this is a blatant shill for your lobbyists!") Also, this could be a Senator who was elected/re-elected in 2006, before the 'wave really "hit" the public consciousness, and gambling on using the anti-land-theft bill to get RE-elected.
''We don't just borrow words; on occasion, English has pursued other languages down alleyways to beat
them unconscious and rifle their pockets for new vocabulary.''

-- James Nicoll
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#11
Quote:Foxboy wrote:
Depends on how "crazy" the Republican candidates came across, or if folks were offended by the attack ads. ("Dude, you're not even trying to hide this is a blatant shill for your lobbyists!") Also, this could be a Senator who was elected/re-elected in 2006, before the 'wave really "hit" the public consciousness, and gambling on using the anti-land-theft bill to get RE-elected.
I've always seen the wave of anti-fen as being cross-party, too many
power hungry idiots and assholes in both parties not to try to ride it into power.
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#12
robkelk Wrote:I'm sure we can find a few appropriate company names by following the links from http://en.wikipedia.org/wiki/Surface_mining#References - I'd recommend picking some from various parts of the country, rather than all from an area covered by one Circuit Court. I also have to leave for work in seconds, so I can't recommend any right now...
Having had a few minutes to do some wiki-walking, a couple of believable targets for the trap would be Newmont Mining Corporation (gold strip mines in Nevada and Colorado) and Arch Coal (mountaintop removal coal mines in the Appalachians).
--
Rob Kelk
"Governments have no right to question the loyalty of those who oppose
them. Adversaries remain citizens of the same state, common subjects of
the same sovereign, servants of the same law."

- Michael Ignatieff, addressing Stanford University in 2012
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#13
Dakota Wrote:I've always seen the wave of anti-fen as being cross-party, too many power hungry idiots and assholes in both parties not to try to ride it into power.
I would also say there are a lot of people who're genuinely scared by this strange new technological development. People flying cars & turning into monsters. Yes, there are plenty of people willing to fan the flames and capitalize on that terror, but that doesn't mean it's all 100% manufactured bullshit or insincere.

(When did I become the voice of reason? How is this my life now?)
Mr. Fnord interdimensional man of mystery

FenWiki - Your One-Stop Shop for Fenspace Information

"I. Drink. Your. NERDRAGE!"
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#14
I thought that was basically how you got to be Generalissimo in the first place.
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#15
Quote:M Fnord wrote:
Quote:Dakota wrote:
I've always seen the wave of anti-fen as being cross-party, too many power hungry idiots and assholes in both parties not to try to ride it into power.
I would also say there are a lot of people who're genuinely scared by this strange new technological development. People flying cars & turning into monsters. Yes, there are plenty of people willing to fan the flames and capitalize on that terror, but that doesn't mean it's all 100% manufactured bullshit or insincere.

(When did I become the voice of reason? How is this my life now?)
Because politics is such a hot button issue that a lot of us don't want the drama, it's best to spread the blame and keep things balanced out. I also didn't mean to imply that it was 100% manufactured bullshit or insincere. As there is a very good saying about good intentions.
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#16
Hey, hey, easy. Wasn't out to start a witch hunt. Just going from what little is known of Fenspace US's politics, and the republican win in 2008 when Ward was elected. Think more Trump or Koch brother than anything else. Find what sells, then sell as loudly as possible. Power for power's sake, and ruthless and moral-less enough to use any tool available. And the voting history of TN, which is a diehard republican state in either universe.
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#17
I don't recall, did we actually decide what the follow on legislation was like? If, yes a big if, but if you get the cooler heads in the parties and other groups talking the result will be much different than if a replacement is rammed through just as quickly  as the original (in that case likely just an amendment that changes the use of Handwavium from an aggravating factor to an outright prohibition).

All but the most extreme portions of the environmental groups will likely be preparing suggested replacement legislation from day one. For  all but the extreme fringe will understand that it will have to change. Now what could be interesting -- let's say they succeed in convincing the power brokers in Congress that it will be good for their parties to be seen being more careful in the follow response instead of shooting from the hip again, you might end up with a replacement that doesn't actually ban the creation of new unrealestate from within the United States.

I don't think anyone who is actually involved in drafting the replacement is likely to be friendly to throwing the gates open to unlimited creation of new unreal estate. Likely most well go in with banking it as one of their goals. But it would be interesting if the general public assumed it was banned until someone looked at what actually got written and said, "Actually, if you can get through the same permitting processes and environmental hearings a strip mine has to get through..." so not at all easy to do legally but a potential possibility (likely involving a major investment of time and money). Probably something not likely to be undertaken until years have passed and then by a wealthy fendane or a corporation.
-----

Will the transhumanist future have catgirls? Does Japan still exist? Well, there is your answer.
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#18
A lot of the environmentalist groups are probably just as much against Grand Theft Ground as the gubmint is, really. It's just as much a violation of their precious ecosystem as the mining companies are. I like the idea of forcing it to submit to the same environmental regs and such as a strip mine, that lets them slot it neatly into existing regulations and helps keep the rabid greens focussed on hating it.
(Jake Neihardt is -damn- lucky he wasn't a USA'an.)
--
Sucrose Octanitrate.
Proof positive that with sufficient motivation, you can make anything explode.
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#19
Heh. One day I'll write an Infinities tale about the day the Scottish enforced their Yes vote with handwavium...
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#20
LilFluff Wrote:I don't recall, did we actually decide what the follow on legislation was like?
My impression was "repeal the bad piece of legislation and argue about what to replace it with - and they're still arguing". But I don't believe anybody ever actually said that.
--
Rob Kelk
"Governments have no right to question the loyalty of those who oppose
them. Adversaries remain citizens of the same state, common subjects of
the same sovereign, servants of the same law."

- Michael Ignatieff, addressing Stanford University in 2012
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#21
JakeGrey Wrote:Heh. One day I'll write an Infinities tale about the day the Scottish enforced their Yes vote with handwavium...

Well, that'd be one way of asserting economic independance. Boy that would be an interesting storm, since they'd turn into a fenspace hyperpower overnight.
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#22
Particularly if they wouldn't give the rest of the UK their nuclear warheads back.
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#23
Quote:robkelk wrote:
Quote:LilFluff wrote:
I don't recall, did we actually decide what the follow on legislation was like?
My impression was "repeal the bad piece of legislation and argue about what to replace it with - and they're still arguing". But I don't believe anybody ever actually said that.
I like that.  Let's go with that.
-- Bob
---------
Then the horns kicked in...
...and my shoes began to squeak.
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#24
*looks at Infinities proposal and chuckles*
And thus begins the G Gundam's tale of Neo-Scotland.
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#25
BTW, if anyone wants to suggest a name for the conservative Southern Democrat who'll be the third name on the Act, please go ahead.
-- Bob
---------
Then the horns kicked in...
...and my shoes began to squeak.
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