Constitution: Commerce and Cooperation

Article X

Commerce and Cooperation

Regarding The Corporation

Not a substitute for a person, that was merely an artifice for applying the common law.  The purpose of a corporation is to encourage risk by distributing investment and ownership, not dependent upon individual or family.

( … )

end shareholder as owner myth

end asymmetric liquidity

limited liability equality, with the only difference being allocation of decidability.

Regarding Commerce and Consumer Protection

Whereas;

( … )

Therefore;

1. All consumer credit shall be issued by the treasury according to actuarial statistics and all debt regulated by the treasury, thereby depriving organizations of profiting from the moral hazard of credit issuance, debt exposure, and exacerbation of the business cycle.

(a) “Financial Advisors” that have passed the ‘Series Seven’ or equivalent tests may act as personal bankers, accountants, tax representatives, and counselors for the people, and shall be carry insurance against malfeasance, by personal warranty of the credit capacity of individual customers.

(Counsel:  Lending shall be Professionalized as we have Medicine, Law, Investment, and Accounting, and therefore direct individual liability for credit capacity of individual people, and to eliminate the industrialization of consumer banking at risk to the commons. Note that it is clear that it is not possible to honestly price collateral, and that risk is continuously transferred to the commons by originators of loans. As such, just as loss of license for doctors, lawyers, cpa’s and series seven holders has proven a sufficient threat to insure relative adherence to rules, regulations, and law – particularly when third party insurance is required.)

2. Originator of loans (credit) of any kind may not transfer such loans, or responsibility for administering and servicing those loans, although they may sell interests (revenue interest, including fractional interests) in those loans or sets of loans, and therefore retain liability for those loans, the management of those loans, and the testimony given in production and management of those loans of those loans.

3. The Court shall operate under the presumption of “Lender Beware“, and that unless the court finds incentive to defraud, that a lender bears the majority of the responsibility for issuing credit to individuals who then through impulse, circumstance, or emergency are incapable of paying without a cascade of further disruptions.

(a) The court’s first is to maintain a going concern whether it be individual, family, organization, or state, regardless of the interests of the lender.

(b) Debt Collection may not be assigned or sold and shall be carried by the issuer and no proxy by art or artifice shall be permitted.

(c) The Court shall only consider claims of any creditor in light of all other creditors whether others place claims before the court or not; The practice of the court granting priority to the claims of any creditor brought before the court without consideration of all other creditors shall cease.

( Note: The first come first serve method by which the court imposes judgements disproportionately rewards one creditor at the expense of all others, and causes cascade effects on the entirety of creditors as well as the individuals capacity to repay them.)

(d) All claims are limited to the original amount of the debt, free of interest, fees, or penalties.

(e) The court’s concern shall be whether the individual has misrepresented his financial condition, is diverting income to entertainment or self medication rather than to debts, or demonstrates abandonment of ordinary efforts to obtain income; all of which are acts of fraud. Or whether the individual has misjudged his debt capacity, or has experienced a shock to or loss of income which are merely accidents, over which the lender did not exercise sufficient risk estimation; in which case resources necessary for the production of income may not be repossessed – including but not limited to vehicles, equipment, devices, and tools.

3. All assets and collateral shall be assessed at urgent liquidation value under conditions of insolvency, as this is the only measure of the market value of resold goods.

4. Reputation

Criminal, credit, informational…. means of measurement.

(a)
(b) Social and Search – right to be forgotten.

Regarding Accountability;

5. Any individual is fully accountable for his speech on behalf of the organization, and every individual speaking to customers must be bonded (insured) for truthful speech.  All customers have the right to record all such conversations, as long as they record the entirety, such that context is provided.

(Counsel: This will drive up the customer service cost and quality and is necessary for the suppression of organizational deception in the market.)

6. Any individual in the chain of operations is accountable to the customer for his actions, and if any crime is committed at any point is liable for that crime. And all such individuals must be bonded (insured).

(Counsel: No immunity from organizational direction, incentive, policy, protocol or method.)

7. Any individual with responsibility for interaction with a customer or potential customer with whom they are conducting or have conducted any form of business:

(a) Must have full capability and authority to resolve the problem or conflict.

(b) Must speak with native levels of language, pronunciation, diction, and comprehension.

(Counsel: defense of consumer time; expansion of support labor force; denial of discounted immigrant or overseas labor relies on the frustration of consumers to limit commercial and governmental accountability.)

Regarding Sufficiency;

8. All goods shall conform to the “right of repair“, in that they shall be constructed such that repair is possible by third parties.

(Counsel: This will increase the cost of goods in exchange for the durability of goods).

9. All goods shall carry a warranty of repair of no less than four years and all repairs shall be performed and returned within 14 days.  All machinery and appliances shall carry a warranty of repair of no less than ten years, and all repairs shall be performed within 14 days.

(Counsel: push competitive regression to the bottom out of the market, and end disposability of goods.)

10. Regarding software and its equivalent:

(a) All software or its equivalent that is no longer maintained, supported, or sold, shall be immediately released under creative commons.

(b) All software or it’s equivalent shall consist of a limited license in perpetuity on the use of the product as intended; and the practice of issuing licenses that expire shall be prohibited. In the case of hosted software, while new data may not be created access to use of existing data and functionality shall not be diminished.

(Counsel: Protections do not extend to the deprivation of product to market, or the force of coercive upgrades. This is extends the right to repair from hardware to software. )

11. The creators of information have ownership of that information and their right to that information, and their limits on use of that information shall not be infringed. Data may not be destroyed, only sequestered, and must be available for immediate retrieval at the consumer’s discretion.

Regarding Practices;

12. Prohibited Tactics:

1. The tactics of Churning Customers, Hazard Contract; Forcible Bundling, Entrapment Clauses, and Punishment Fees shall be prohibited, and a fine of one quarter of the median income per action shall be imposed.

2. Solicitation by Mail, Phone, Data, Email, Text, Shall be prohibited, and a fine of one quarter of the median income per contact shall be imposed.

3. The practice of promoting discounts on undiscounted goods, services, and information shall be prohibited, and a fine of one quarter of the median income per product, good or service shall be imposed.

4. The practice of haggling on market goods, services, and information, shall be prohibited; any good shall be priced, and that price accepted or not by either party, but not altered by request. A fine of one thousand times the highest price of the good shall be charged for each item.

5. The practice of ‘gouging’ shall be prohibited. It is a violation of reciprocity to profit from civil emergency. The fine shall be one thousand times the price charged for each item.

6. The practice of billing or invoicing a customer ( …  not established debt )

7. The practice of producing false bills, invoices, or simili thereof shall  deprive one of all Benefits, and subject the offender to a separation or exile at the court’s discretion.

8. The practice of the most limited theft of identity shall deprive one of all Benefits, and subject the offender to a form of separation or exile at the court’s discretion.

13. One may claim debt for loss of an interest itself but not loss of opportunity. As such, lost opportunity for interest on loans paid early, loss of lease and rental income, shall not be considered loss by the court, only loss of opportunity.

Regarding the Media

Whereas;

( … )

Therefore;

1. Any platform that does not require user fees of at least the median income, divided by two thousand and eighty (2080) times eight (8), per year, shall be considered a commons, may not censor speech, and must provide perfect reciprocity, particularly in the debate between those who advocate equality and proportionality at the cost of reciprocity and those who advocate reciprocity  and proportionality at the cost of equality. This means that threats of crimes of predation are irreciprocal. Conspiracies to commit crimes of predation are irreciprocal.  But debates between the strategies are not irreciprocal.  The courts shall maintain that the only natural law of cooperation is reciprocity, but that it is rational for the dependent to argue for certain redistributions in exchange for consideration, which will in general consist of behavioral constraints.

2. All user created data remains the eternal unexceptional non transferable, non assignable, property of the user. No information generated by the user, may be destroyed, or inaccessible to the user.

3. All territorial promotion, marketing, advertising other than appropriate signage for a physical, commercial, location shall be prohibited. (end billboards etc). The practice of using public spaces and transport shall be prohibited. The right of the people to be free of commercial noise shall not be infringed. (No longer necessary given digital information availability).

 

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