Response to the Ferengi Legal Claim...

[Joy 0]

"Your bones are showing."

 

Half way up the spiral stair in the embassy lobby, Joy spun around and angrily yelled at Bruce. "Good!"

 

"Titch, Eliza," responded Bruce. "Stand up straight. Posture. Float. The rain in Spain falls mainly on the plain."

 

Joy glared, but started up the stairs again, far slower, shoulders back, stepping gracefully and smoothly, her hips swaying gently, but her head entirely steady. One could almost imagine the long trains of an invisible skirt trailing behind. On reaching the landing, she grabbed the railing in both hands, leaned out over Bruce and very nearly screamed. "I hate you Henry Higgins!" She then turned fled from sight.

 

Bruce laughed.

 

Crystal looked on in confusion. "What was that all about?"

 

He turned and briefly admired Crystal, standing in the corridor leading to the general office space. "Oh, Joy is having one of her android moments. The universe sometimes isn't entirely compatible with her programming. She's supposed to make sure all the laws are obeyed. No one should die. No one is supposed to get hurt. When the universe gets unruly, she tends to get a bit intense. Still, she's not just a walking asimov processor. The are other things buried in that little positronic brain of hers. It sometimes helps to dredge them up."

 

"Hmm... Maybe so." Crystal looked up the stair, considered, then looked back to Bruce. "But what did you mean, 'Your bones are showing'?"

 

Bruce smiled. "Well, sometimes the vain, violent, arrogant or stupid will put up brick walls in the way of peace and law. Formidable barriers. Obstacles in the way of what is right. Nasty things. Anyway, at such times one might occasionally be reminded of something about Joy which everyone generally forgets."

 

"Which is?"

 

"Foam titanium bones. Mono-fiber servo systems. On occasion, she starts to think that mere brick walls ought not to be considered a significant problem."

 

"Ah. Joy's programming isn't going to change, so the universe had best adjust?"

 

"That's about it. Between them, Muon and Drankum have managed to really get her going this week."

 

"Good. I'm about ready to see some walls smashed."

 

Bruce shook his head. "Not good."

 

"Why not?"

 

"It's not her. Heck, she'll call me to do anything resembling heavy lifting. I'm supposed to be strong. I'm supposed to show off on occasion. Could you really imagine Joy smashing through a brick wall?"

 

Crystal considered for a while before answering. "No."

 

"She'd hate herself in the morning. Heck, it may not even be allowed. The Third Law of Robotics. She can't allow herself to get killed. If she lets anyone see her break through a brick wall, she'd likely die of embarrassment."

 

Crystal smiled. "Then what does one do about the brick walls?"

 

Bruce considered for a while, then met Crystal's eyes. "Have you ever seen Joy Eleven dancing with Fred?"

 

"Yes." Bruce could see her getting softer, just remembering.

 

"You know how Fred could turn a brick wall into a dance prop?"

 

"Fred can turn anything into a dance prop."

 

"And there would be Joy, dancing right with him?"

 

"In high heels. Backwards."

 

Bruce nodded. "So, the question is, why would she ever want to ruin a perfectly good brick wall?"

[Joy 0]

Subject : The Legal Aspects of the Aegis - Ferengi Situation

From : Ambassador Joy Two, UFP, Aegis

To : Office of the President, United Federation of Planets

Captain Muon Quark, Starfleet, Aegis

Kith Ghemor, Cardassian Union, Aegis

General K'Vorlag, Klingon Empire, Aegis

Ambassador Joy Seven, Mudd Embassy, San Francisco

 

 

A preliminary brief stating the allied case will be sent shortly to Cardassian Admiralty Court, which should stand as having jurisdiction. I would be confident to put the case before any neutral court. If the judge has the usual desire to protect the authority of his own court, and the slightest pride in Cardassia's sovereignty, we will be in very good shape. We might well receive a summary judgement rather than requiring a full trial.

 

The Ferengi's basic case is that the proposed amendment creates an "addition of evolutionary capability" which conflicts with the purpose of the station. If such a conflict exists, Article 14(7) says the Ferengi Depositary takes ownership of the station.

 

There are several fatal flaws in the argument. Article 14(7) cannot be evoked if the amendment process has been utilized. It is an amendment that creates the alleged conflict. Second, an "addition of evolutionary capacity" is an obscure way of saying "equipment upgrade." The proposed amendment does not upgrade equipment, does not add new capability to Aegis. Finally, the Ferengi Depository is nothing but a document archive. It has no power to judge treaty violations or arbitrate treaty meaning.

 

There are also numerous lesser flaws in their case, none of which are deadly alone, but each offers the chance to draw blood. I performed the legal equivalent of the death of a thousand cuts.

 

I am still uncertain as to the Ferengi objectives and strategy. An exchange of property seizures and financial penalties hurts both parties. The financial game is lose-lose, though I believe we should not press on this front. They are apt to be better at such things than we. Going the military route is also lose-lose. They might have had an initial advantage, but in the long term they don't want to walk that road. The lack of profit opportunity on the financial and military fronts suggests they actually believe in their legal case, and their objective was to win the financial worth of the station. If so, I believe they have severely overestimated the worth of their legal case.

 

It may be a matter of pride. They have not been treated with respect, of late.

 

I am reasonably confident that we can go to court, revoke their seizure, and force their withdrawal from the treaty. My intent would be to convince them we've got the legal edge, then see if they have a face saving way of backing out of this. In negotiation, I'd let them save as much face as they can manage. We want their approval of the movement amendment. I'd like to amend article 14(7) so they can't try this again, and clean up a few other legal holes exposed by this incident. If we can get them to be cooperative in settling the chain of command related issues, that would be good, too.

 

If they aren't willing to cooperate in these things, if they aren't interested in making the Aegis Treaty work, perhaps we do want to force them out of the treaty.

 

I fear, however, they may not be interested in saving face. They may have lost so much face already that the only honorable solution is to burn themselves on their own funeral pyre. If this is the case, we may be called upon to play the role of cop in a game of suicide by cop.

 

How much latinum is a Ferengi's pride worth?

 

 

Ambassador Joy Two, UFP, Aegis

[Joy 0]

Subject : Differences in Interpretation of the Aegis Treaty

From : Ambassador Joy Two, UFP, Aegis

To : Cardassia Admiralty Court

CC : UFP Office of the President, Earth

Captain Muon Quark, Starfleet, Aegis

Aegis Diplomatic Corps

Ambassador Joy Seven, Mudd Embassy, San Francisco

 

 

Preface

 

This paper is intended to address the differences of opinion regarding interpretation of the Aegis Treaty. It opens by looking at Article 14(7) of the Aegis Treaty, the center of the Ferengi Alliance's claim to have acquired sole ownership of Aegis. As Article 14(7) is the sole article enabling forced withdrawal by a majority of Partner States, if it is shown to not have been validly invoked, the entire Ferengi Alliance case fails, and summary judgement is possible. Failing this simple resolution, further issues of due process are raised, then the various alleged violations of treaty are addressed point by point, with an intent to show none are substantive.

 

The meaning of the phrase "addition of evolutionary capabilities" is key to this case. Article 14 governs the addition of new equipment and capability to Aegis. Variations on the phrase "addition of evolutionary capabilities" occur throughout. The meaning of this phrase must be examined very carefully. Something is being added. Evolution implies improvement. The capability of the station is being increased. If none of these things are happening, the requirements of Article 14 do not apply.

 

The Ferengi Alliance case depends heavily on saying Article 14 requirements have not been met in the proposed move of Aegis. In fact, no proposal to add new equipment or capability is being made. They are insisting that engineering procedures (Article 14) must be followed when the issue involved is governed by Article 7 (Management) and Article 23 (Amendments.) The vast majority of the supposed 'substantive violations' are centered on the proposition that bridge crew and diplomats ought to be following procedures and filling out documentation that was defined for engineers.

 

Paragraphs in italics through the rest of this paper are the alleged violations of the Aegis Treaty presented by Ambassador Drankum of the Ferengi Alliance. His full argument is attached.

 

Article 14(7)

 

Article 14(7) states "under terms of paragraph 1 and 3 above, if evolution to the operational impact of Facility 30218-UKRFCB fails to meet requirements of Article 1 and Article 23 has not been utilized, this Agreement shall be considered withdrawn by a majority of Partner States by default under terms of Article 24."

 

Article 23, the section of the treaty governing amendments, is being utilized. There is a proposed amendment under consideration which has direct bearing on the issues objected to by the Ferengi Alliance. Thus, Article 14(7) may not be invoked.

 

As there has been no addition of evolutionary capability, Articles 14(1) and 14(3) are not relevant. There are no conflicts between any new evolution and Article 1 as there is no new evolution.

 

The Ferengi Alliance proposes that the Depository has the authority to unilaterally invoke Article 14(7). The role of the Depository is to record documents ratifying of the treaty (see Article 22, Entry into Force) and to record requests for withdrawals from the treaty (see Article 24, Withdrawal). The Depository receives and stores documents. They are an archive. The Depository is given no court jurisdiction under Article 19, and is given no role in resolving disputes under Article 20. Thus, they have no power to declare Article 14(7) to be in effect.

 

Due Process

 

The Federation legal system is based on Guaranteed rights of sentient beings. Among these Guaranteed rights is ownership of property. If one is to seize property under law, other Guaranteed due process rights are automatically invoked. These include the right to a trial, the right to present a defense, the right to legal council, the right to the time required to prepare a defense, the right to call witnesses, the right to cross examine opposing witnesses, the right to face the accuser, and others.

 

Different legal systems derive different due process rights from different first principles. Emphasis varies. Still, the basic theme is common. Before something can be seized under law, the current owner gets a fair hearing. This is true under Federation law, Cardassian law, interstellar law, and admiralty law. The Aegis Treaty Article 2(1) specifies that Aegis “shall be developed, operated and utilized in accordance with interstellar law.” This would include the concept of due process.

 

One cannot simply take up arms whenever one disagrees with another party in a contract. Such an approach is the antithesis of Rule of Law. Parties to a disputed contract must prove the contract is being violated in a court of law. The court must have proper jurisdiction. Due process must be followed.

 

The Ferengi Alliance failed to do this. If their ships are acting as private concerns, they have made themselves pirates. If they are acting as agents of their government, they have committed an act of war. Either way, the Ferengi Alliance stands in violation of interstellar and admiralty law.

 

And, thus, of course, Article 2(1) of the Aegis Treaty.

 

Studies, Notifications and Agreements

 

With it's handling of the said amendment, the United Federation of Planets to be in clear and substantive violation of Article 14(3) as no evolution study has been performed by the Allies;

 

The proposed amendment in no way adds capability to Aegis. No evolution study is required as the station is not evolving.

 

Still, a study was done. The Federation’s Commissioner Sorehl interviewed appropriate individuals, performed relevant analysis, and produced reports giving the reasons for the proposed move of Aegis. All knew of these reports immediately upon publishing. All had access to these reports on request. All had ample opportunities to comment or publish dissenting reports. Five of six allies found the timing and content of Sorehl’s report quite adequate as the basis to approve the movement of the station.

 

The United Federation of Planets to be in clear and substantive violation of Article 14(5) since no prior agreement has been agreed to by the Partner States that is consistent with the overall program since an operational impact would take place due to Amendment 1;

 

Article 14(5) states "the addition of evolutionary capabilities by one Ally shall require prior notification of other allies, and agreement from the United Federation of Planets to ensure that any addition is consistent with the overall program, and any other Ally providing a Facility 30218-UKRFCB element or transportation system on which there is an operation or technical impact, shall be parties."

 

As no additional evolutionary capabilities are being added, no notifications or agreements involving new evolutionary capabilities are required or possible. There is no addition to test for consistency with the overall program. As no ally other than Starfleet is currently running an element or transportation system, there is no need to coordinate the nonexistent new evolutionary capability with allied crews managing elements or transportation systems.

 

The United Federation of Planets to be in clear and substantive violation of Article 20(2) as prompt official notification of such a proposal was not provided to other Partner States in a timely fashion;

 

Article 20(2) says nothing about prompt notification of proposals. It says allies may request meetings with other allies, and allies requested should promptly attend.

 

Article 20(3) does say "any ally which intends to proceed with significant element design changes... shall notify the other Partners accordingly at the earliest opportunity." Again, there are no element design changes. Also, all allies were made immediately aware of Commissioner Sorehl's report.

 

The Purpose of Sky Harbor Aegis

 

- Amendment 1 to be in clear violation of Article 14(1) which recognizes that Facility 30218-UKRFCB with its evolution shall have its operation and use include the assisting and production of security and material support for the reconstruction of the Cardassian Union;

 

- Amendment 1 to be in clear violation of Article 14(3) which requires that any amendments must be consistent with the overall program, understood under Article 1 to include providing all means possible for the reconstruction of the Cardassian Union;

 

(I believe there is an error in the preceding paragraph, as it is Article 14(5), not 14(3), which requires that evolutionary upgrades be consistent with the overall program.)

 

Neither Article 14(1), 14(3) or 14(5) have any bearing as no evolutionary capability is being added.

 

Article 14(1) does state Aegis's "operation and utilization shall be for the peaceful purposes, in accordance with international law; its operation and utilization shall include scientific exploration, and diplomatic assistance, and to assist and provide security and material support of the reconstruction of the Cardassian Union.”

 

Commissioner Sorehl’s report indicates that Aegis currently is not providing helpful security support for the Cardassian Union. The station’s presence attracts more hostile aggressors than it deters. The most recent examples are the 8472 and the Ferengi Alliance. The report also concludes that the reconstruction of the Cardassian Union is complete.

 

Sensor scans indicate a significant collapse of interstellar infrastructure in Breen space. There is an apparent need for scientific exploration, diplomatic assistance, security and reconstruction in Breen space. It is proposed that the best way to use the station in the spirit of the original program is to move it from somewhere it is no longer needed to somewhere it is needed.

 

The Ferengi interpretation of Aegis’s purpose implies a desire for carpet bagging. They seem to desire continued profit off the aftermath of war, long after the war’s end, with no regard for whether their presence is wanted, and with no regard as to whether their continued presence benefits the Cardassian Union. At no time has the Ferengi Alliance questioned the substance of Sorehl's report, let alone proven it incorrect as fact. (Actually, they have done the opposite, quite definitely demonstrating how the current Aegis position attracts hostile fleets.) The Ferengi Alliance's interpretation is a very ugly perversion of the spirit and intent of Aegis’s purpose as stated in Articles 1(1) and 14(1). While they argue to follow the letter of the original purpose, they have the spirit so wrong that their vision of the treaty is arguably in violation of the treaty.

 

Further, the Ferengi Alliance seems to propose that the carpet bagging can never end, that it is improper to amend the treaty in a way that will terminate the reconstruction of Cardassia. Once again, it should be noted that Article 14(5) deals with evolutionary engineering upgrades. Contrary to Ambassador Drankum's assertion, neither Article 14(3) or 14(5) say anything about "amendments". They speak of "evolutionary capabilities." Article 14(5) says in part that engineering changes must reflect the purpose of the station. It does not say the purpose of the station can never be changed.

 

Ownership

 

The United Federation of Planets to be in danger of substantive violation of Article 6(1) with acts assuming direct ownership of Facility 30218-UKRFCB, with ownership surrendered upon activation of the facility and a failure to abide by managerial responsibilities as listed in Article 6(3) to support the Ownership clause;

 

Article 6 relates to fiscal ownership of station elements. Article 6(2) in particular states “Any transfer of ownership of any element shall require prior notification of the other Allies with concurrence required.”

 

The consensus allies no more intend any transfer of ownership than they intend to add evolutionary capabilities. The intent is to move the station, not to sell it, and not to improve it.

 

It is the Ferengi Alliance that is attempting to unilaterally seize ownership of the entire station. They did not provide the required prior notification, choosing military surprise rather than treaty compliance. Whatever the merits of other articles invoked by the Ferengi Alliance in their attempt to justify seizing ownership of the station, these other articles were not invoked in a manner complying with Article 6(2). Thus, said invocations are in violation of treaty, and have no legal standing.

 

Chain of Command

 

Unfortunately, Ambassador Drankum failed to give an example of what was meant by “acts assuming direct ownership.” I can only guess that his concern might possibly echo a concern of my own. Note that the 'direct ownership' complaint is the only one which is not claimed to be either clear or substantive. Still, it might possibly be the only complaint that might have some vague merit, that does not depend on imaginary station improvements or similar fabrications. The search for that merit, however, requires a lengthy quest. The court's indulgence is requested. The merit might be found, but not a substantive violation of treaty.

 

The role of chain of command in the Aegis Treaty is problematic. The treaty is written entirely in civilian language, yet the station contains powerful weapons system and is crewed by those under military discipline. The consensus allies have been struggling with several approaches to resolving this disconnect.

 

Article 7(2) has been read as giving the Federation the right to assign a captain who commands the station. This captain is assumed to have the usual prerogatives of captains of space vessels. Captain Quark of Starfleet and General K’Vorlag of the Klingon Empire have asserted this view. Very strong precedent over the entire history of Sky Harbor Aegis supports this view. A general review of how armed stations are commanded throughout known space supports this view.

 

Article 7(2) can also be read as giving the Federation the power to assign operations department personnel, which have the responsibility to coordinate station operations. Article 7(2) does not contain the words ‘captain’ or ‘command.’ Rather, Article 7(1) states that decision making by consensus is the desired method of management, while making no mention of a military chain of command. Article 20 then provides mechanisms to be used should the allies be unable to achieve consensus. The above is a plain reading of the treaty text, a quite plausible reading for a civilian station limited to peaceful uses only. It is also a very unusual approach to running a heavily armed station, especially a station that has been involved in conflict as often as Aegis. It is understandable that members of many cultures will respond adversely to the plain text as written, especially if the individuals involved have experience running armed stations.

 

A third view embraces this principle that the treaty just won’t work as written. Thus, the treaty needs to be amended. Kith Ghemor of the Cardassian Union and the Federation President are beginning to advocate this perspective. The president believes this process may take a few months. I believe he is being optimistic.

 

One proposed solution to the weapons authorization aspect of the problem is to exclusively use the Federation rules of engagement system. This has the advantage of being clearly defined and well understood by the current predominately Starfleet crew. It is problematic in that it gives the Federation civilian command authority undue precedence in determining how Aegis is to be used in a conflict situation. Such precedence cannot be justified by the treaty, which presents all civilian authorities as equal. On the other hand, the treaty does not provide a mechanism suitable to merge the intentions of multiple civilian command authorities into a single set of binding military orders. There is only the stated goal of Article 7(1), to seek consensus, which seems an inadequate mechanism for weapons use authorization.

 

However difficult the chain of command problem might be, it is absolutely clear that the Federation is not seeking to resolve the question of moving Aegis by claiming primacy of Starfleet chain of command. It is the Federation’s position that unanimous approval of an amendment by all allies is required to move the station. While the wording is still preliminary, five of the six powers involved have already agreed in principle to the move. This clearly contradicts the Ferengi Alliance’s allegation that the Federation is unilaterally claiming ownership of the station.

 

It is the Ferengi Alliance that is unilaterally claiming ownership of the station.

 

I will emphatically deny that the Federation is united behind an obviously incorrect interpretation of the treaty. It is far more true to say the Federation’s military, executive and diplomatic branches are divided by sincere differences in how to best implement the treaty. The consensus allies are similarly divided. Documentation showing these sincere differences is attached. I believe the above summary to be roughly accurate, but obviously all factions can express their opinions in a stronger and more detailed manner. Positions are also constantly shifting as new and valid points are raised.

 

While the military chain of command problem is difficult and on the surface seems very important, in practice the station is too slow to be used offensively. By the very nature of the station, the rules of engagement default to “shoot back if shot at.” Thus, the other allies have generally not found that the Federation's rules of engagement have been flawed, and thus the problem has not been addressed and resolved. It is currently being sincerely worked. Progress is being made. The lack of a satisfactory resolution to date, however, should not be held to be a substantive violation of treaty, especially as the Ferengi Alliance has yet to propose its own position on the issue. Ambassador Drankum has disparaged everyone else's proposals, which is very easy to do, but neither he nor any other representative of the Ferengi Alliance has provided the other allies a proposal to work from.

 

If it pleases the court, I would suggest that the chain of command problem is a military and political problem. It would best be solved through military and political channels, rather than from the bench. However, if in the court’s opinion any of the above approaches are clearly invalid under the treaty text as currently written, or under admiralty law, the court’s opinion would be valued and given all due consideration.

 

Summary

 

There were six Ferengi Alliance allegations that supposedly show violations of the Aegis treaty. Three allege that procedures required in adding evolutionary capabilities were not properly performed, regardless that no new evolutionary capabilities are proposed. Two allegations complain that moving the station would deny the Ferengi their right to profit at the expense of Cardassia. This should be considered a feature, not a bug. The last complaint alleges that ownership of the station has been improperly changed, when in fact no fiscal transfer has taken place or is intended. One may confidently assert -- especially when adding Ferengi violations of due process, failing to provide any advance notice of an intent to transfer ownership, and an act of war (or perhaps piracy) -- that the Ferengi Alliance’s behavior has been far more questionable than the behavior of the consensus allies.

 

Note that the consensus allies have focused on making the more routinely used day to day aspects of the treaty work. We have been concerned with the authority of the captain, seeking consensus, and the like. The Ferengi are focusing on the terminal articles, articles intended to be invoked only if the routine articles have broken down.

 

The routine articles have not broken down. The consensus allies are using them in a difficult but still reasonably functional way. The routine articles proscribed by treaty are just producing policy that the Ferengi Alliance does not like. Rather than abiding by the results produced by following the treaty, the Ferengi are seeking to break the treaty.

 

The common principle found throughout the treaty is that one should talk things over before doing anything, and do things together after talking. Article 6(2) requires concurrence before transfer of ownership. Article 7(1) states “decision making by consensus shall be the goal.” Article 14 requires coordination and review before evolutionary capabilities are added. Of particular note, Article 20(1) requires that “the Allies shall exert their best efforts to settle such matters through consultation between or among their Cooperating Agencies in accordance with the procedures provided.”

 

We are supposed to try to work together.

 

This common theme makes the question of who has best honored the spirit and intent of the Aegis treaty rather simple. Has the Ferengi Alliance or the consensus allies formed the more functional consensus of allies?

 

 

Ambassador Joy Two

United Federation of Planets

Sky Harbor Aegis

[Joy 0]

"Bruce?"

 

"Yes?"

 

"Have you read Joy's latest?"

 

"I'm trying. I'm having trouble with my eyes, though, somehow. They keep crossing."

 

Crystal laughed. "I can't understand it. Anyway, I came up with another use for brick walls."

 

"Hmmm?"

 

"After the vain, greedy and evil build a brick wall, you just sort of nudge it over so it falls on their head."

 

With a smile, Bruce leap over the front of his desk, rolled a single somersault, came to his feet, fell into in a martial art forward stance, then threw a fierce punch at empty air. "Horse!" he yelled. Several more punches and a kick, ending in a deep cat stance. "Dead horse!" Another combination that ended with a horse stance. "Must beat dead horse!" He then went into an exaggerated series of martial art moves, aimed at a large imaginary dead body, complete with amazing facial grimaces and exaggerated poses displaying fanatic intensity. It was all designed to produce fits of laughter in Crystal.

 

"Henry!" It was Joy's voice, coming from the upper levels, yet it was not Joy's voice. It was high pitched, shrill, strident, recalling another voice they both knew. "Professor Henry Higgins, have you been drinking again? Yes you have! I can smell it on you! Why, you no good, rotten..."

 

"Oh, no! Protect me, mighty warrior!"

 

"No way. Everybody! Run for your lives!"

 

But no one ran, being too busy controlling fits of laughter.

 

Except Alyce 258, who observed the scene standing very still, eyes wide open, unblinking, head tilted to the side, with her network busy necklace light solidly on.