video; giant legal post about metaplot? Giant legal post about metaplot

[notdaredevil]

Some of you will have just received notice, as I have, that Unsettled imPorts will now be subjected to new restrictions and requirements. Since I doubt it is in the government's plans to explain the ramifications and implications of what they've just done, I've decided to take it upon myself, so that everyone understands exactly where we stand and what this might mean. So, to start: my name is Matt Murdock. I've been an attorney in both New York and California for nearly fifteen years, primarily a criminal defense attorney, with a fair amount of experience in cases dealing with what we could call "superpowers." I've been here well over a year now, practicing in Heropa, Florida, long enough to start to see how things work, and where the flaws in the system are.

To begin with, if you weren't aware: whether Registered or otherwise, we have, until recently, no real legal status in this country, or any other. At best by registering you could gain some representation and vote, some health insurance, leave the country for awhile. They're willing to extend you benefits, but as far as I'm aware, there's no guarantee they won't change their mind. More importantly, there's been no explicit citizenship, which would guarantee you certain rights. None of us are citizens, only "guests"— nor does it seem as though they'll be making attempts to provide us with the ability to become citizens. We don't belong to any immigrant class, since none of us have visas or anything really officially dictating the terms of our stay in this United States of America. We can't even be said to be illegal immigrants, since there's an implication there that we legally belong to another country and could be deported.

This means we have no guaranteed legal rights. Thus far, they seem to be extending us the courtesy of operating as though we possess the same rights as citizens. Whether or not they'll continue to do that is another matter. I want to be clear that this isn't something we can take for granted; at any moment, they could decide they don't want to uphold our ability to claim any kind of legal protection we might normally be guaranteed. But for the sake of argument, let's suppose they do intend to let us go on living as though we have the same rights as everyone else, outside of our ability to be an actual citizen. That's what they appear to be doing, and the implications and questions about these new regulations only have any definitive answers in that context. I understand they've recently made a change to this— but whether or not they'll actually implement it to the fullest extent of the law is another matter. It's all about how it works in practice, and how long it will actually take them to make good on this promise.

[ Settle in, boys and girls, it's going to be a long post. ]

If you've never thought about those forms you sign, when you first become a patient in a certain office: medical attention requires your informed consent. This is guaranteed by HIPAA; they must tell you the nature of what you're undergoing, all the risks and benefits and all your options. You have to voluntarily consent to receive treatment, and you have a right to seek treatment elsewhere if the policies, practices, and procedures of a certain medical establishment don't meet with your needs. Unless for some reason you can't be considered competent to make your own medical decisions, your active participation is necessary. You can't be forced to seek any kind of treatment in the first place. You are not required to seek health care at all. You are free to decline it. And this applies regardless of whether or not you're a citizen of this country.

Except, of course, that they've now declared a policy of mandatory medical examinations. Or so they say. "Mandatory" is somewhat confusing in this context, because consent laws don't allow for mandatory or compulsory health treatment of any kind. It's most unprecedented, and it's different from health requirements to maintain a specific kind of job or government service. The armed forces can require you to undergo a physical at certain times, but that's something they agree to going in. So it doesn't necessarily matter if no one twists your arm into going or anyone shows up at your door to escort you there; it's suspicious in and of itself just to make regulations that counter longstanding legal and medical practice. In these circumstances, you don't get to choose your physician. They'll be choosing one for you. Requiring anyone to seek healthcare, of any kind, let alone stipulating where they can receive it— are violations of HIPAA. There's no justification for this. Are they considering us a public health risk? There has to be some explanation for why you'd need to see a doctor every two months, practically unheard of. What is the need for that kind of information? What are they doing with that information? Depriving you of the ability to make your own choice of physician allows them to direct you to healthcare providers who will be cooperative with government requests and interest. Furthermore, given that they're selecting the physicians, I would start to suspect that your medical records will be released to the government as soon as the exams have concluded. Of course, different providers have different policies on when they will agree to disclose information, and they are legally obligated under certain conditions to release medical records, so maybe not. But to understand that possibility you have to consider under which circumstances they can and can't disclose your information without your consent, or without your knowledge.

Now, maybe there is a health risk. After all, they are required disclose information related to public health safety. And there was an outbreak of zombie plague little more than a month back. And yet, this only applies to unregistered imPorts. Are we a particular threat to public safety that needs to be evaluated? Unregistered imPorts are responsible for their own medical care. So, maybe. But then, why not institute quarantine? Why wait this long? Why not include registered imPorts as well? They might get government health benefits, but nobody is requiring them to attend mandatory health check-ins. It's very specifically targeted to a subset of the imPort population. Now, presumably none of us are part of the military here— as this only applies to unregistered imPorts— so it should be irrelevant where we fall on the scale of physical health. But there are other ways they can obtain medical records without needing your written consent to release: for law enforcement purposes, or for national security reasons. HIPAA makes exceptions for both. Again, while it's up to the medical provider whether or not they will release records when requests are made, in certain situations, they can't always refuse, and they don't necessarily always have to disclose to you that they've released your records to someone. Particularly in the issue of national security— which doesn't always come with judicial oversight. And I personally feel very, very concerned if they've begun to look at us in any light that means they might look into private health information. If they feel the need to insist that we receive care, in facilities of their choosing.

[ This would be a good place to pause, if you need a break. Because it keeps going. ]

They're also initiating stops and searches, however, so I don't think that concern is unjustified. There's no demonstrable evidence that unsettled imPorts cause problems, or that they should be targeted for further scrutiny than what we're all already subjected to. If it's just a security measure, why isn't everyone being asked to present ID? Not just unregistered imPorts, but registered imPorts as well? Why not everyone? It's not as though we're responsible for all of the problems this country faces. I'm not even sure it could be justified that there's any reason to suspect imPorts as being a security risk over the people who were born and raised here.

And here's the thing about searches. We do have to consider them searches, a kind of stop and frisk, since it doesn't apply equally to everyone. Now, normally, unless you consent, they can't proceed without probable cause or reasonable suspicion. To have reasonable suspicion, it requires a "reasonable" basis to suspect criminal activity before detaining someone. Is there a probable cause in declining to sign up to be a hero? Is there probable cause in hesitating to pledge allegiance to an unknown government shortly after arriving in an unknown universe? Of course there isn't. Furthermore, in the United States, there hasn't been a law requiring that you carry your papers or identification of any kind to go out in public. They should only be able to ask for your ID if— again— there is reasonable suspicion of committing a crime. Because if they're only asking you, and not everyone, then it's not the same as airport security, confirming that someone hasn't stolen your ticket. And plenty of people don't want to open up their lives to the government for reasons that have nothing to do with national security. Plenty of people don't want to put their lives on the line or make themselves available for that kind of duty and responsibility. If they're singling out unregistered imPorts as a particular trouble-making or suspicious group of people— that's profiling. And all of that would be a violation of the Fourth Amendment.

I'm not a policy-maker, and I never have been. I don't fault the people who register to keep jobs, keep housing, keep getting medical treatment. But I do find fault with the idea that a government that wants to cut its budget and minimize its spending on us should be investing in security measures that will take up time and man-hours with little gain. Effective enforcement of these policies will cost them millions if not billions. Regardless of whether or not they actually pull it off, they're illegal. HIPAA applies to everyone; even illegal immigrants have the right to choose their doctors. Searches without warrants or probable cause are a violtion of the Constitution of the United States. If we're "guests", expected to live here and work here, and if the laws apply to us too, then this is a violation of our rights. If they're worried about us proving a liability or a problem, perhaps they should look into finding a way to incorporate us into their already existing programs instead of leaving us in "guest" limbo. If they want cooperation, then they should stop invading our privacy. Because this— this is very much an invasion of privacy. This smacks of McCarthyism, of targeting people because they don't fall in line with the military-driven expectations for registration, and it's a worrying step back towards a police state. Lest we forget, this wouldn't be the first time they've gone in that direction.

I hope this clears up some of the issues. Obviously further analysis depends on what they do, once this really becomes implemented wide-scale and begins to take off. But as a precedent, you have a right to know what your rights typically are, or would be, and how this could apply to them. How this could potentially infringe on your rights, such as they are.


*OOC disclaimer: I am not a lawyer or even a law student, I only play one on the internet. Nor am I a medical professional or a member of law enforcement. I have researched to the best of my ability and have done my best to represent the facts as I understand them.

SOURCES:

- Consent to treatment/informed consent
- HIPAA and Health Privacy: Facts & Myths
- 45 CFR 164.512 - Uses and disclosures for which an authorization or opportunity to agree or object is not required wrt HIPAA and consent to disclose health information
- Probable cause
- US Constitution: Fourth Amendment
- Search and Seizure
- The Fourth Amendment: Reasonableness Requirement
- National Security & Medical Information
- What is reasonable suspicion?
- Wikipedia: Probable cause
- When can the police stop and frisk you on the street?
- Wikipedia: Stop and identify statutes
- Badgered Dr. Mom about citizenship wrt medical consent/HIPAA


tl;dr: I put too much effort into RP, making people get "mandatory" health checks or dictating their health care decisions is a violation of HIPAA and subjecting unregistered imPorts to searches contradicts the Fourth Amendment of the Constitution of the United States

Comments

video | 1/many

[selfequipped]

To help you out, Matt, I'll make a few arguments for people that are about to come your way! [She sounds peppy and thrilled to do this. She is too thrilled to do this.]

[selfequipped]

But the government is finally giving us health care! We should be glad that we have the opportunity to have them check on us because otherwise we might be in trouble. Clearly, we can't seek help otherwise, even within our community.

[selfequipped]

The government should be keeping an eye on us! Look what happened in April. Who knows what we could be bringing in with us? We've also done lots of weird things to one another. Remember when a bunch of people turned into kids at the end of March? Weird things.

[selfequipped]

It's not like they're forcing anyone to go to these, as far as we can see. Do you really think they're going to force anyone to do anything? You don't know that they're going to force anyone! You don't know that, do you?

[After a beat, she adds:]

By the way: this is the flimsiest of arguments.

[selfequipped]

It's not invasive in the least! Do you consider going to the doctor to be invasive?

[selfequipped]

Where were you when they were bringing in Russians and questioning them over any number of things months ago? Didn't you care then?

[Kate relaxes into her spot.]

I have the counter argument for this one: he's represented a few of those imPorts in those scenarios. I have it on file.

done.

[selfequipped]

And, finally, it's not like they release our files to people or anything! So, why would our medical records matter? Do you think they're going to do something to us? It sounds like they're going to do something to us! That's what you think, right? That's why you're afraid. So, what do you think they're going to do to us?

[With all of that done, Kate goes and takes a long and purposeful sip from her purple H-emblazoned coffee cup. (She got them specially made after a year of no Clint.)]

It's not that these arguments are invalid, but when things start to pile on one after another, it starts to become hard to play devil's advocate. I thought I'd beat everyone to the punch.

Oh, and being subtle isn't how you get people to be proactive. Pointing out that we have rights and that this is wrong? It's absolutely necessary. If we just played along, we'd now be giving them access to us in new and unexciting ways.

It's all yours, Matt!

video;

[brushoff]

Too long, didn't read.

[ it's your FAVE PERSON EVER ]

video;

[selfequipped]

Oh, I forgot that one.

That one comes up a lot, too! Thanks, Dorian.

[ferrisbuellean]

If I could 'like' this, I would.

video;

[notdaredevil]

[ Weren't you in prison or something. ]

Still committed to the art of participating in a conversation without actually contributing to it, Mr. Gray.

[ Statement, not question. He knows how this goes. ]

voice

[thephix]

Thank you for taking the time to explain all this, Mr. Murdock, I hope I'm not the only one that appreciates it. Especially since I wasn't aware of these forced medical checks.

[She's Registered because she doesn't see the point in not Registering, but that isn't a topic for this post.]

Do you have any suggestions on what the best course of action from here might be? I have some experience with lobbying, but I'm not sure they're that inclined to listen to us.

voice

[notdaredevil]

I have an idea of the most immediate and pressing issue, but I don't know how feasible it's going to be. Because the obvious answer would be to put imPorts in a position of some kind of guaranteed legal status. All the arguments fall by the wayside, if by some chance I wake up one day and they've basically forbidden me to practice law or hold any other job because I'm not a citizen.

We need some kind of protections beyond registration as a one-size-fits-all solution, because obviously, if that worked, more people would register. And even that's not a sure enough thing, in my opinion.

text

[kinesia]

[ Matt Murdock. Kate had told him about Matt Murdock. She said he would help to fight the changes, that he would help Unsettled imports. Matt Murdock is someone that Grey is interested to know. ]

i dont think youre wrong

but i didnt go to the doctor and they didnt force me

[ At least not yet. And saying this doesn't mean that he trusts them. Grey feels anything but trust for this government; that's why he's Unsettled. Still, it's true that they hadn't forced him when he refused. He'd expected to be forced. It was surprising.

That still doesn't mean he trusts them. ]

you said ' police state ' . what does that mean ? how would it change things ?

text

[notdaredevil]

I think it would be a political bloodbath if they actually forcibly escorted people. But I also don't think that there won't be some consequence to refusing at some point.

[ Somewhere in Washington, there might be a list...

This is the sort of thing you think of with a spy for an ex-girlfriend. ]

A police state would be a totalitarian state with enforcing power and regulations through the police. It's technically a form of government repression, but the degree varies.

voice;

[ferrisbuellean]

You could have just ended it at 'we have no guaranteed legal rights.' Would have saved us all a whole bunch of supposition.

voice;

[notdaredevil]

It isn't supposition. It's context.

voice;

[infomodder]

[can you marvels please chill the fuck out with all this fearmongering

Nice jabs at the Registered, too! This is a goldmine.]

How can anything be considered a violation of or infringement upon rights if, as you say, we actually don't have guaranteed rights in the first place?

voice;

[notdaredevil]

[ Maybe they could chill out if they hadn't lived under Tony Stark's wonderful idea of registration. ]

As of the moment, they seem to be acting as though we do have some kind of rights. To an extent. But also, the point is— if we were absolutely guaranteed some kind of legal status or citizenship, they wouldn't be able to get away with what they're trying to do. It could be challenged and we would be guaranteed of the procedures we could follow to do so.

Audio

[notasaviour]

I think Kate forgot "But I'm not dangerous/Unsettled/up to anything! There can't possibly be any negative consequences."

Audio

[notdaredevil]

I've noticed this is actually a particular issue that's difficult for people who don't live in a universe with superpowers to understand. There's a difficulty in grasping that not all people who possess superpowers have ones that are useful, powerful, or effective...and a difficulty in grasping that whether or not you can do anything useful or effective is actually irrelevant, most of the time.

[glassbox]

I burned my damn casserole 'cause this took me about ten times longer than I thought it would t'listen to.

[ But let's be real, she probably would've burned it anyway. ]

[notdaredevil]

They made take-out for a reason.

[ To spare him Lil's cooking. ]

You could have just waited for me to come home and ask about it.

Voice

[viced]

You've put a lot of work into this, I'm impressed.

What do you think we should do about it?

[glassbox]

Don't encourage him, Mitch.

audio

[youbastard]

That's...you've really been looking into this. [ A lot. Way too much maybe. ] I appreciate the effort you put into this. Coming from the future I have a disadvantage when it comes to a lot of information like this.

audio

[notdaredevil]

[ Well when you leave for a month and come back to find your firm's kind of in ruins... ]

In retrospect I think maybe I should have provided more context of some kind. Or should in the future. Honestly it's not something regular citizens are educated on or think much about half the time anyway, and that's kind of the whole reason I have a job. [ Sometimes. Not specifically in this area, but. ] I don't know that you're at any more of a disadvantage than anyone else.

[text]

[unpranyaunceable]

[Way to confirm all of her fears.]

So what do we do? If we're unregistered, they can do whatever with our medical records and search us whenever they want. If we're registered, who knows what they can make us do later.

What are you going to do?

[text]

[notdaredevil]

You're going to have to be more specific. Are you asking me what I'm going to do about THIS?

video; ID reads Clark Kent

[andaway]

[Who's not usually a fan of lawyers thanks to Luthor? This guy. Who's reconsidering that thanks to one Matt Murdock? Also this guy, because this was pretty impressive and he basically nodded along most of this.]

Please don't feel obligated to say no, Mr Murdock. But would you care to give me an interview for my newspaper? This is... pretty interesting, we actually have some legal ground to stand on and I think the locals could use something like this to realize what's really going on and how we're really being treated.

video;

[notdaredevil]

[ Ah, Clark. Matt likes journalists. Ben Urich has basically saved his bacon many a time, and frankly his life once or twice. There's boy photographer, Peter Parker, basically his best friend in the costumed world. And would he ever turn down an opportunity to show off and play to the jury with eloquent arguments? It seems impossible. ]

I wouldn't say no, if you're sure that's what you really want. I'm told that given the opportunity to talk I have a tendency to struggle with stopping.

[ It might be obvious. ]

video;

[grouchinleather]

Well fuck me, a lawyer who knows what he's talking about. And here I thought you people didn't exist.

[Especially after watching that other guy's post.]

You're exactly right, Mr. Murdock.

video;

[notdaredevil]

Believe me, I've been frustrated with the quality of legal aid they make readily available in the imPort community for awhile now. To the point where I was beginning to feel as though someone was actively trying to torture me.

[ He makes an exception for Edgeworth, who definitely knows what he's doing. Except he comes from some place where they have no jury system and that drives Matt absolutely crazy. But at least he's professional and competent. ]

I take this seriously. This isn't my United States of America, but if they're going to hold up the same institutions, then I intend to make sure they obey the letter and the spirit of the law to the utmost of my ability. Even if it doesn't seem like a major issue to anyone else, not contesting the matter just allows them the opportunity to keep pushing.

[wonk]

does it rly count as a police state if theyre only policinglike 200 people or

[notdaredevil]

[ Good god, Roxy, why would you do this to him. Do you know what that sounds like when he has to get it read aloud to him? ]

More people come in almost every month, and people are coming and going constantly. Nor would I be surprised to find that their responses to us escalate and spill over to the rest of the country. They have a history with these kinds of things.