# \[ARC\] Hope for All Act litigation

**URL:** <https://forums.eveonline.com/t/arc-hope-for-all-act-litigation/29404>\
**Category:** Intergalactic Summit\
**Created:** [October 4, 2017, 4:33pm UTC](https://forums.eveonline.com/t/arc-hope-for-all-act-litigation/29404 "2017-10-04T16:33:47Z")\
**Posts on this page:** 20\
**Page:** 2

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**Author:** ![Auriga\_Menkalinan](https://sea1.discourse-cdn.com/eveonline/user_avatar/forums.eveonline.com/auriga_menkalinan/32/351666_2.png) [@Auriga\_Menkalinan](https://forums.eveonline.com/u/Auriga_Menkalinan)\
**Post date:** [October 11, 2017, 9:45pm UTC](https://forums.eveonline.com/t/arc-hope-for-all-act-litigation/29404/21 "2017-10-11T21:45:16Z")

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> [@Veikitamo\_Gesakaarin](#):
>
> If there’s no indictable offense in the legislation for violating it then there’s no chance for prosecution because no criminal charge can be laid. If so, then there would have to be consideration of what statutory implement has been violated by the FIO in not divulging what information it has, or if one is going to judicial route, what potential case might be used to subpoena FIO officials or documents related to the Kynoke Inquest in a vicarious fashion.

The answer is the concept of judicial review. The absence of an offence is irrelevant.

Judicial review is a procedure whereby courts supervise the exercise of power by a public body. A person who feels that an exercise of power is unlawful may apply to an administrative court for judicial review of a decision. If the court finds the decision unlawful it may have it set aside and possibly award damages. A court may also impose an injunction upon the public body requiring it to exercise its powers in a specific way, e.g. to disclose information where withholding it is illegal.

Intelligence agencies are often partially exempted from judicial review under primary legislation, such as the Vital Secrets Act.

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**Author:** ![James\_Syagrius](https://sea1.discourse-cdn.com/eveonline/user_avatar/forums.eveonline.com/james_syagrius/32/439868_2.png) [@James\_Syagrius](https://forums.eveonline.com/u/James_Syagrius)\
**Post date:** [October 12, 2017, 12:10am UTC](https://forums.eveonline.com/t/arc-hope-for-all-act-litigation/29404/22 "2017-10-12T00:10:07Z")

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> [@Auriga\_Menkalinan](#):
>
> Intelligence agencies are often partially exempted from judicial review under primary legislation, such as the Vital Secrets Act.

I must concur with Mr. Menkalinan. It is a vain but predictable attempt by those who wish the Federation harm.

It is, however, a testament to the effectiveness of the FIO that they cause such consternation amoungst those whose allegiances lie elsewhere.

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**Author:** ![Makoto\_Priano](https://sea1.discourse-cdn.com/eveonline/user_avatar/forums.eveonline.com/makoto_priano/32/383919_2.png) [@Makoto\_Priano](https://forums.eveonline.com/u/Makoto_Priano)\
**Post date:** [October 12, 2017, 12:17am UTC](https://forums.eveonline.com/t/arc-hope-for-all-act-litigation/29404/23 "2017-10-12T00:17:38Z")

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> [@James\_Syagrius](#):
>
> I must concur with Mr. Menkalinan. It is a vain but predictable attempt by those who wish the Federation harm.
> 
> It is, however, a testament to the effectiveness of the FIO that they cause such consternation amoungst those whose allegiances lie elsewhere.

Mr. Syagrius! Are you saying the Federation wishes the Federation harm?

After all, [the Hope For All Act clearly calls for the release of all intelligence and research pertaining to the Kyonoke plague](https://twitter.com/ISD_Starsweaver/status/850751782125006849), and was put forward by the Federation and the Republic.

Now, I know you think I’m the evilest sort of nationalist, secretly dripping with venom and hatred, but I say this: were the Arataka Research Consortium and its various partners and associates at the Inquest attempting to harm the Federation by supporting the Federation’s initiative? Were the Arataka Research Consortium and its various partners and associates at the Inquest attempting to harm the Federation by offering an amendment providing for audits of records released under the Hope Act to ensure veracity and completeness?

Essentially, sir, I simply wish for FIO to comply with legislation put forth by the Federation.

Are you saying this is a dire and devilish plot to undermine the Federation?

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**Author:** ![Makoto\_Priano](https://sea1.discourse-cdn.com/eveonline/user_avatar/forums.eveonline.com/makoto_priano/32/383919_2.png) [@Makoto\_Priano](https://forums.eveonline.com/u/Makoto_Priano)\
**Post date:** [October 13, 2017, 3:07am UTC](https://forums.eveonline.com/t/arc-hope-for-all-act-litigation/29404/25 "2017-10-13T03:07:28Z")

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The Arataka Research Consortium has been in discussions with multiple potential intervenors. Interested organizations are requested to submit briefs to the District of Orvanne courts. In the interest of transparency and accessibility, we would also request that parties publish those briefs in a circulation of note.

The question of jurisdiction has been raised by some potential intervenors. The following is my understanding of certain matters concerning the suit after consulting with counsel. While the District of Orvanne is an appropriate court of first instance in a matter of Federal law, the question of devolution of the Inquest acts has been raised. Given the involvement of DED investigatory teams in both FIO and Senate investigations, a centralized Hope Act administration might require Hope Act releases to be managed by the DED. In such a case, subject-matter jurisdiction would rest with CONCORD courts. It is our understanding that Hope Act implementation, like many elements of CONCORD regulation, is devolved to the various nations.

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**Author:** ![Nomistrav](https://sea1.discourse-cdn.com/eveonline/user_avatar/forums.eveonline.com/nomistrav/32/278296_2.png) [@Nomistrav](https://forums.eveonline.com/u/Nomistrav)\
**Post date:** [October 13, 2017, 4:25pm UTC](https://forums.eveonline.com/t/arc-hope-for-all-act-litigation/29404/26 "2017-10-13T16:25:10Z")

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Sir Syagrius, I question where one’s allegiances must lie in the pursuit of a solution to a deadly plague. One must consider the devastation caused that it warranted news across the sector, and how one’s loyalty can even have the basest of impacts on the plague therein.

For the FIO to be justified in their refusal to provide the greater good not just for the common man, but for Federation citizens as well, I would argue that perhaps the FIO’s allegiances are not with the Federation at heart. To that end, I can see no gain in withholding vital information from the people who are neither warfighters nor tacticians. Perhaps then, the greater threat lies not with the plague itself, but with those who seek to cause further harm through ambivalence at best and outright negligence or apathy at worse.

While it is true I am no friend of the Federation as of recent, given my secular beliefs, I still can see that there is no benefit for the layman to withhold any information that may aid the ailing.

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**Author:** ![Pieter\_Tuulinen](https://sea1.discourse-cdn.com/eveonline/user_avatar/forums.eveonline.com/pieter_tuulinen/32/155371_2.png) [@Pieter\_Tuulinen](https://forums.eveonline.com/u/Pieter_Tuulinen)\
**Post date:** [October 17, 2017, 9:45pm UTC](https://forums.eveonline.com/t/arc-hope-for-all-act-litigation/29404/27 "2017-10-17T21:45:14Z")

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No. I just know which part of a black bag and party van encounter I want to be on - and it’s not the one with the bespoke headgear.

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**Author:** ![Pieter\_Tuulinen](https://sea1.discourse-cdn.com/eveonline/user_avatar/forums.eveonline.com/pieter_tuulinen/32/155371_2.png) [@Pieter\_Tuulinen](https://forums.eveonline.com/u/Pieter_Tuulinen)\
**Post date:** [October 17, 2017, 9:46pm UTC](https://forums.eveonline.com/t/arc-hope-for-all-act-litigation/29404/28 "2017-10-17T21:46:27Z")

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This just in - ARC Founder Makoto Priano trying to spark a war with the Federation.

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**Author:** ![Diana\_Kim](https://sea1.discourse-cdn.com/eveonline/user_avatar/forums.eveonline.com/diana_kim/32/382972_2.png) [@Diana\_Kim](https://forums.eveonline.com/u/Diana_Kim)\
**Post date:** [October 18, 2017, 3:10am UTC](https://forums.eveonline.com/t/arc-hope-for-all-act-litigation/29404/29 "2017-10-18T03:10:40Z")

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> [@Pieter\_Tuulinen](#):
>
> This just in - ARC Founder Makoto Priano trying to spark a war with the Federation.

She could have simply pleaded to join us, or at least offer her services to Caldari, because the Caldari State is already at war with Federation for already nine years. I don’t understand why is there all this clownery.

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**Author:** ![Makoto\_Priano](https://sea1.discourse-cdn.com/eveonline/user_avatar/forums.eveonline.com/makoto_priano/32/383919_2.png) [@Makoto\_Priano](https://forums.eveonline.com/u/Makoto_Priano)\
**Post date:** [October 18, 2017, 5:47am UTC](https://forums.eveonline.com/t/arc-hope-for-all-act-litigation/29404/30 "2017-10-18T05:47:51Z")

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Tuulinen! You know, if you work on your announcer voice, we could use you to break the Discourse into more Patriotic enclaves…

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**Author:** ![Pieter\_Tuulinen](https://sea1.discourse-cdn.com/eveonline/user_avatar/forums.eveonline.com/pieter_tuulinen/32/155371_2.png) [@Pieter\_Tuulinen](https://forums.eveonline.com/u/Pieter_Tuulinen)\
**Post date:** [October 18, 2017, 3:26pm UTC](https://forums.eveonline.com/t/arc-hope-for-all-act-litigation/29404/31 "2017-10-18T15:26:02Z")

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I’ll try to lose the accent, then. Ideally I should be paired with a blonde Deteis woman for maximum demographic coverage.

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**Author:** ![Halcyon\_Ember](https://sea1.discourse-cdn.com/eveonline/user_avatar/forums.eveonline.com/halcyon_ember/32/131702_2.png) [@Halcyon\_Ember](https://forums.eveonline.com/u/Halcyon_Ember)\
**Post date:** [October 19, 2017, 2:56pm UTC](https://forums.eveonline.com/t/arc-hope-for-all-act-litigation/29404/32 "2017-10-19T14:56:44Z")

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I’m sure you can manage a lot of demographic coverage by yourself.

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**Author:** ![Pieter\_Tuulinen](https://sea1.discourse-cdn.com/eveonline/user_avatar/forums.eveonline.com/pieter_tuulinen/32/155371_2.png) [@Pieter\_Tuulinen](https://forums.eveonline.com/u/Pieter_Tuulinen)\
**Post date:** [October 19, 2017, 8:36pm UTC](https://forums.eveonline.com/t/arc-hope-for-all-act-litigation/29404/33 "2017-10-19T20:36:29Z")

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Oh, you.

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**Author:** ![Ibrahim\_Tash-Murkon](https://sea1.discourse-cdn.com/eveonline/user_avatar/forums.eveonline.com/ibrahim_tash-murkon/32/474183_2.png) [@Ibrahim\_Tash-Murkon](https://forums.eveonline.com/u/Ibrahim_Tash-Murkon)\
**Post date:** [October 28, 2017, 3:33pm UTC](https://forums.eveonline.com/t/arc-hope-for-all-act-litigation/29404/34 "2017-10-28T15:33:37Z")

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After consulting with the Arataka Research Consortium the Society has filed a [brief](https://docs.google.com/document/d/1DzDxiyjb-wrhYV2ZSF5NkkVxhL9XZynmytE9qdYix7s/edit?usp=sharing) in the District Court of Orvanne supporting the Consortium’s request for a disclosure by the Federal Government in accordance with the Hope for All Act.

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**Author:** ![Makoto\_Priano](https://sea1.discourse-cdn.com/eveonline/user_avatar/forums.eveonline.com/makoto_priano/32/383919_2.png) [@Makoto\_Priano](https://forums.eveonline.com/u/Makoto_Priano)\
**Post date:** [November 2, 2017, 1:08am UTC](https://forums.eveonline.com/t/arc-hope-for-all-act-litigation/29404/35 "2017-11-02T01:08:07Z")

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I would like to extend the thanks of the coordination group to the Society for joining us in this legal endeavor.

In the coming weeks, we’ll be filing an amended complaint with what will be, I hope, extensive exhibits demonstrating FIO’s failures to comply with the Hope For All Act.

Further measures are pending.

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**Author:** ![Ioannis\_Sepphiros](https://sea1.discourse-cdn.com/eveonline/user_avatar/forums.eveonline.com/ioannis_sepphiros/32/380131_2.png) [@Ioannis\_Sepphiros](https://forums.eveonline.com/u/Ioannis_Sepphiros)\
**Post date:** [November 26, 2017, 3:21am UTC](https://forums.eveonline.com/t/arc-hope-for-all-act-litigation/29404/36 "2017-11-26T03:21:35Z")

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It is under strict choice of format that SIBS remains neutral in internal direct and internal hardline politics of the Republic, Empire, State and Federation and only take part actively in Interstellar matters.

The Kyonoke Outbreak touches all of New Eden however and its importance weighs heavily not only on the merits of what happened during those events but also how it is imperative for everyone with enough power, be ready and learn from the past in case such an incident ever occurs in similar fashion or under an even worse format.

Given all this and how the Hope for all Act was indeed signed by both the Republic and the Federation, the contents of which have a direct Interstellar impact, SIBS declares support into the effort of ARC calling for transparency and execution of the agreed actions by the two involved bodies, unless anything changes into the format of the agreement officially between the Republic and the Federation.

A brief will be presented the District Court of Orvanne, at the coming days presenting the support of SIBS.

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**Author:** ![Makoto\_Priano](https://sea1.discourse-cdn.com/eveonline/user_avatar/forums.eveonline.com/makoto_priano/32/383919_2.png) [@Makoto\_Priano](https://forums.eveonline.com/u/Makoto_Priano)\
**Post date:** [November 26, 2017, 5:44am UTC](https://forums.eveonline.com/t/arc-hope-for-all-act-litigation/29404/37 "2017-11-26T05:44:03Z")

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You have ARC’s thanks for your support, Mr. Sepphiros. We look forward to seeing the brief filed. Transparency and pursuit of justice against those involved in the spreading of the Kyonoke bioweapon is a shared aim, and one that we agree is multilateral and multinational in nature.

ARC has filed [an amended complaint in the District Court of Orvanne with exhibits demonstrating matters we consider at issue under the HfA Act](https://docs.google.com/document/d/15b6alABAP8ttlx4rW1mY3nFHP9ybmfBtzAPVxT3FXOw/edit?usp=sharing), and plans to begin discovery motions against FIO after resolution of hearings on venue and jurisdiction, and a FIO motion to dismiss.

ARC is also currently deliberating on the need to begin a suit against the Kaalakiota Corporation and Hyasyoda Corporation in the Caldari Business Tribunal for their failure to disclose information concerning the early phases of the Templis Dragonaur plot. It is our hope that these State corporations undertake the effort to comply with HfA rules before a lawsuit must be filed, which unfortunately becomes ever more pressing.

In service,  
Makoto Priano  
Arataka Research Consortium, Coordination Group

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**Author:** ![Kalaratiri](https://sea1.discourse-cdn.com/eveonline/user_avatar/forums.eveonline.com/kalaratiri/32/477189_2.png) [@Kalaratiri](https://forums.eveonline.com/u/Kalaratiri)\
**Post date:** [November 26, 2017, 10:47am UTC](https://forums.eveonline.com/t/arc-hope-for-all-act-litigation/29404/38 "2017-11-26T10:47:58Z")

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I cannot claim to be possessed with a legal brain, so most of this thread has passed me by somewhat. It seems like a reasonable venture though.

I did get a giggle out of the _ARChives_

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**Author:** ![Ioannis\_Sepphiros](https://sea1.discourse-cdn.com/eveonline/user_avatar/forums.eveonline.com/ioannis_sepphiros/32/380131_2.png) [@Ioannis\_Sepphiros](https://forums.eveonline.com/u/Ioannis_Sepphiros)\
**Post date:** [December 7, 2017, 3:37am UTC](https://forums.eveonline.com/t/arc-hope-for-all-act-litigation/29404/39 "2017-12-07T03:37:46Z")

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Hereby is presented the [Brief](https://drive.google.com/file/d/1YADHX1L2nurJ7INfi-lzVNUC5xP-ZO7b/view?usp=sharing) for the litigation effort by ARC in which SIBS acts as amicus curiae.

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<div class="post-metadata">

**Author:** ![Makoto\_Priano](https://sea1.discourse-cdn.com/eveonline/user_avatar/forums.eveonline.com/makoto_priano/32/383919_2.png) [@Makoto\_Priano](https://forums.eveonline.com/u/Makoto_Priano)\
**Post date:** [December 8, 2017, 2:30am UTC](https://forums.eveonline.com/t/arc-hope-for-all-act-litigation/29404/40 "2017-12-08T02:30:21Z")

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Pilots;

A brief update. As was covered in the Scope today, the federal court of the District of Orvanne is accepting briefs.

Further news as filings are made.

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**Author:** ![James\_Syagrius](https://sea1.discourse-cdn.com/eveonline/user_avatar/forums.eveonline.com/james_syagrius/32/439868_2.png) [@James\_Syagrius](https://forums.eveonline.com/u/James_Syagrius)\
**Post date:** [February 4, 2018, 2:04am UTC](https://forums.eveonline.com/t/arc-hope-for-all-act-litigation/29404/41 "2018-02-04T02:04:12Z")

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A man can’t even enjoy his retirement.

Even as far from the hubbub of political diatribe as I am, still one hears you are drawing a good deal of the wrong kind of attention Mr. Sepphiros.  
How does the old saying go…_“Inter arma enim silent leges”._

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