[GA, discarded] - WA Misrepresentation Governance

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WA Misrepresentation Governance
Category: Furtherment of Democracy | Strength: Mild
Proposed by: Simone Republic | Onsite Topic

The World Assembly (WA);

Noting the esteem held by the WA across the multi-verse;

Noting the need to protect the logos, emblems, flags, and other intellectual property of the WA from impersonation and misuse by parties acting in malice, beyond those unique to humanitarian relief workers or organizations already protected by GAR334;

Noting that awards, medals and other prizes awarded by organs of the WA represent honor and privilege and should not be misused; hereby


  1. Defines:
    • "GAO" to mean the General Accounting Office of the WA;
    • "Prohibited purposes" to mean fraud, deception, or misrepresentation with the intent to defraud another inhabitant;
    • "Register" to mean registers of (1) all WA awards, and (2) all WA IP;
    • "WA awards" as all awards, certificates, honors, medals, titles (including courtesy titles), and other similar items given out by the WA, in howsoever form;
    • "WA IP" as all names, logos, emblems, mascots, markers, uniforms, and other designated distinguished marks of the WA, howsoever presented through verbal, physical, electronic or any other means and in all colors and all dimensions;
    • References to "such as" are merely as examples only;
    • References to the WA also include all its agencies, bodies and organs, and all their missions and offices across the multi-verse;
  2. Requires:
    • the GAO to maintain and update from time to time the aforesaid register, and to make available the register for inspection free of charge at all times to all inhabitants, accessible to both within and outside of WA states, through convenient physical and electronic means and accommodating the differing technology levels of different WA states;
    • the GAO to provide convenient electronic and physical means for competent authorities of a WA state, to verify if any inhabitants are duly authorized employees or representatives of the WA or are acting with duly mandated authority from the WA;
    • the GAO to, subject appropriate reciprocal agreements, permit competent authorities of non-WA states access to the aforesaid register in subclause (b), in order to facilitate relations between the WA and non-WA states;
    • each WA state to make the following an offence for any inhabitant(s) within its jurisdiction, for prohibited purposes:
      • misuse any WA IP; or
      • misrepresent (them)selves as an employee or representative of the WA or acting on behalf of the WA; or
      • acting in the capacity of the WA when not authorized; or
      • misrepresent (them)selves as the recipient of a WA award;
    • clarifies that the aforesaid are also offences within the World Assembly Headquarters;
    • the GAO to register all WA IP as trademarks (or other analogous instruments) in all states, whether it is a WA state or not, if the said state has such registration regimes, to the maximum extent possible;
  3. Clarifies that:
    • for convenience, references to "inhabitant(s)" include sapient species of all kinds, and include both natural and legal persons, howsoever established, so long as they are subject to the jurisdiction of a WA state;
    • for the purpose of interpreting this resolution, the burden of proof for an offence is placed on any competent authorities making such an accusation, and subject to the burden of proof placed at or above the level of "beyond reasonable doubt";
    • this resolution does not impede any rights to freedom of speech (including, for the avoidance of doubt, rights related to political commentary, arts and satire) for the purpose of extant WA resolutions and the laws of each WA state;
    • the competent authorities of the relevant WA state shall have jurisdiction over the interpretation of this resolution within their own states and any penalties derived from committing an offence under clause 2(d). In case of an alleged offence taking place inside the WA Headquarters, the Independent Adjudicative Office shall have jurisdiction.
Note: Only votes from TNP WA nations, NPA personnel, and those on NPA deployments will be counted. If you do not meet these requirements, please add (non-WA) or something of that effect to your vote. If you are on an NPA deployment without being formally registered as an NPA member, name your deployed nation in your vote.
Voting Instructions:
  • Vote For if you want the Delegate to vote For the resolution.
  • Vote Against if you want the Delegate to vote Against the resolution.
  • Vote Abstain if you want the Delegate to abstain from voting on this resolution.
  • Vote Present if you are personally abstaining from this vote.
Detailed opinions with your vote are appreciated and encouraged!

For Against Abstain Present
0000
 
Overview
This is a fairly straight forward housekeeping resolution that penalizes anyone impersonating an WA employee, or a WA committee, or to pretend to have received an WA award when not otherwise entitled. It extends certain protections already made to WA emblems etc via GAR334 (so no one can pretend to represent say WA Choice Plus or use its logo without permission). It also makes it illegal (via trademark laws where applicable) to do so in non-WA states.

Recommendation
We believe preventing anyone from misrepresenting themselves as a WA employee or to misuse WA emblems is a sensible precaution to prevent fraud. The resolution makes an exception that misuse is only an offence if it is for "fraud, deception, or misrepresentation with the intent to defraud another inhabitant" and is assisted by an additional clarification that "this resolution does not impede any rights to freedom of speech", making it extremely unlikely for anything expressions of free speech to be hindered.

For the above reasons, the Ministry of World Assembly Affairs recommends a vote For the at-vote GA resolution, "WA Misrepresentation Governance".
 
For as author. Brief explanation:

This is very much a housekeeping resolution: it penalizes anyone impersonating an WA employee, or a WA committee, or to pretend to have received an WA award when not otherwise entitled, whether it's a singing contest or "employee of the month" does not matter. It extends certain protections already made to WA emblems etc via GAR334, so no one can pretend to represent say WA Choice Plus or use the logo of WANC (I am not sure what it looks like) without permission. It also makes it illegal (via trademark laws where applicable) to do so in non-WA states.

It is very deliberately worded so as to not disrupt anyone whose intent is not for fraud or deception or misrepresentation to obtain a financial advantage, so the use of WA emblems etc in art, satire etc are not affected. It is partly done along the lines of the Stolen Valor Act 2013 of the US so that free speech is protected but pretending to be a veteran in order to solicit donations would be illegal.

The balance between freedom of speech vs impersonation/misrepresentation is explicitly left to the courts, on (US IRL) 1st Amendment grounds.
 
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Thread locked following 2023gas4 ruling that TCB filed.

"WA Misrepresentation Governance" was discarded by the WA for rule violations after garnering 9,275 votes in favor and 3,975 votes against.
 
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