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Update 15-01-non-ameliorable-harmful-activity.md

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2021-01-11 20:18:25 +11:00
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15-torts-and-coordination/15-01-non-ameliorable-harmful-activity.md
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@@ -25,13 +25,13 @@ The defendant shall have a good defense if it can prove, concerning the harms wh
### Overthrowing an injunction produced by this cause of action: ### Overthrowing an injunction produced by this cause of action:
If in the future, an actor who was previously bound with an injunction finds a way to ameliorate the 3rd party harms from his/her activity, then s/he may sue to overthrow the injunction. If an actor who was previously bound by an injunction finds a way to ameliorate the 3rd party harms (as outlined in the "Defense" section of this file) from its activity, then the actor may sue to lift the injunction.
## Limitations: ## Limitations:
### No foothold for government to establish a regulatory agency ### No foothold for government to establish a regulatory agency
No government agency or government employee acting in their capacity as an agent of the government, shall have standing to bring an Attempted `NAHA` suit before the courts. Only private entities or individuals acting in their private capacity shall have standing to invoke this cause of action. No government agency or government employee, while acting in their capacity as an agent of the government, shall have standing to bring an Attempted `NAHA` suit before the courts. Only private entities or individuals acting in their private capacity shall have standing to invoke this cause of action.
> [Apologia][Note]: Discuss the fact that some amount of evidence-free speculation of harm must be allowed to the plaintiff, and how to limit this. Or perhaps don't allow evidence-free skepticism and an unlimited assumption of guilt on the defendent. > [Apologia][Note]: Discuss the fact that some amount of evidence-free speculation of harm must be allowed to the plaintiff, and how to limit this. Or perhaps don't allow evidence-free skepticism and an unlimited assumption of guilt on the defendent.
- To ensure that the mechanism is evidence-based, we may have to reward whistle-blowers with a monetary incentive. - To ensure that the mechanism is evidence-based, we may have to reward whistle-blowers with a monetary incentive.
@@ -41,5 +41,5 @@ No government agency or government employee acting in their capacity as an agent
### Explicit limitation of liability to the immediate actor(s): ### Explicit limitation of liability to the immediate actor(s):
Note that this cause of action can only be invoked against the actor(s) who is/are using the entity/substance/process in such a manner as to portend 3rd party harm. It may not be invoked against the manufacturer/producer of the entity/substance/process. Note that this cause of action can only be invoked against the actor(s) who is/are using the entity/substance/process in such a manner as to portend 3rd party harm. It may not be invoked against the manufacturer/producer of the input components required to produce the entity/substance/process.