Superhero Registration Act - The Nitty Gritty

[Porcelain]

Some stuff we know, some we don't. Act's are complex things and it's already beginning to confuse me (not hard). So to ease my aching head, hopefully everything to do with the SRA and how it works can be put here for easy reference.

Here's what we definatly know:

• 'Superheros' will be forced to register with the government
• It Requies anybody with superhuman abilities to register, even if they don't intend to use them in a super heroic capacity. It's just like owning a gun.
• Their identities and powers will be known to the government but not the public
• If you are intending to use your powers in a super heroic capacity, you have to demonstrate the necessary capability and control, demonstrating that you possess the wherewithall to use those powers responsibly. In essence, this is like qualifying to be on the police force.
• If you're not intending to go Superheroing, no further action after registration is necessary

The Grey Area:

• How do you quantify what a Superhero is?
• How the act effects foreign nationals.
• Will kids be registered?
• Whether a mandatory clause to work for the government (should they require) is included AKA you can be forced to do things by the government if they want you to.
• The terms of continued Superheroism, once registered. i.e.: do you have to be employed directly be the government and sanctioned? Or is the SRA simply a tracing method for culpability?

What else? I'll update this post with amendments and as new info comes in.

N.B. Superhero/ism is used loosely. I asked some of the Grey area bits ages ago in the Q&A above, I'll pull the answers later tonight.

[Conn Seanery]

Tom Brevoort clarified some of the gray area stuff.

The Superhuman Registration Act does require anybody with superhuman abilities to register, even if they don't intend to use them in a super heroic capacity. It's just like owning a gun.

And at the most basic level, nothing more is really required. However, if you are intending to use your powers in a super heroic capacity, you have to demonstrate the necessary capability and control, demonstrating that you possess the wherewithall to use those powers responsibly. In essence, this is like qualifying to be on the police force.

You'll see more details about this whole process in the three MS. MARVEL tie-in issues.

[Porcelain]

Thank you, will amend. Nice to find out what Ms Marvel will be up to aswell.

[Miss Kitty Fantastico]

How do you quantify what a Superhero is?

Very good question. Most likely there's been at least some sort of benchmarks set in the Marvel Universe, over the years, at what constitutes 'superhuman' in the superhero/villain sense. They've been around decades after all, so the issue must have come up. I doubt it's ever been conclusively settled, but I imagine that there's at least enough of a legal precedent for defining 'superheroes' that the term could be used generally in the act, and trusted to the courts to sort out any unusual cases.

Given the political climate, I think it's fair to assume that anyone who possesses innate superhuman abilities - i.e. can do things that a 'normal' (by general consensus) human can't do - or anyone using technology to give themselves similar abilities, would be considered a superhuman. One could argue (to pick a random example) that the ability to fly in itself doesn't constitute a danger to the population - without super-strength or some other ability, you can't really hurt people by flying any more than an ordinary person could by running and tackling someone - but I doubt there's a great deal of political mileage in pointing out that some superheroes don't constitute a threat. Right now, I think it's far more likely that all superhuman abilities, dangerous or benign, would be lumped together and regulated.

How the act affects foreign nationals.

So far as I know the US wouldn't have authority to regulate foreign citizens, but it could control whether or not they come to the country. What's most likely is that any superhuman wishing to enter US territory would be required to register, and be granted the equivalent of a visa.

Will kids be registered?

Could be. In She-Hulk there was a situation a while back where a minor (Southpaw, 15 I believe) was placed in an otherwise adult prison, simply because she was superhuman. And of course the New Warriors were 'underage', according to dialogue (I can't remember who said it in which book, but I'm pretty sure I remember it). It'd be pretty unlikely that the Act wouldn't apply to the people who were involved in Stamford, and are being publicly blamed for it.

Whether a mandatory clause to work for the government (should they require) is included AKA you can be forced to do things by the government if they want you to.

Interesting. Sally, in Front Line #1, referred to registration as a 'draft', but I think that may be working on the assumption that superheroes want to go around fighting crime, and under the Act the only way to do that would be as a federal employee. My guess is that that's what she meant by draft - not that superhuman abilities would automatically mean you had to work for the government, but that if you wanted to fight crime, the only way to do that would be as a federal employee.

Take two examples, Ms Marvel and She-Hulk (because I'm familiar with both). Prior to her recent battle against the Brood and Cru, Ms Marvel was 'patrolling', basically out and about, looking for any supervillains or other threats that needed fighting. If she were to want to continue doing that openly, fighting villains and so forth without being considered a renegade, I'd imagine that doing so as a federal employee would be the only practical option for her. She'd be an agent of SHIELD (or some agency like it), required to follow their orders. Assuming they trusted her judgement, I imagine they'd simply let her patrol and intervene in crises much like a police officer - most likely if she saw a supervillain causing a ruckus she'd call it in and (unless SHIELD said to stay clear) she'd go beat the crud out of him as per usual. She'd be accountable to SHIELD for the appropriateness of her actions to the situation - if she wrenched the Empire State Building off its foundations and used it to hit Stilt-Man, for instance, she'd be in trouble - but legally she'd be within her rights to intervene to prevent the law being broken, without needing specific orders from higher up the chain.

She-Hulk is a lawyer - at a firm specifically dealing with superhuman cases, true, but let's assume that GLK&H (her firm) has the political clout to get itself an arrangement by which it can continue to do business pretty much as usual. I don't think She-Hulk would be considered an employee of SHIELD - if she used her superhuman abilities, she would be accountable to SHIELD, the same way ordinary citizens are accountable to law enforcement. Any superhuman activity would, one assumes, have to be reported to SHIELD, but so long as they didn't have a problem with it, no action against She-Hulk would be taken.

So whether the government (or SHIELD) could 'force' a superhero to do things for them? If they choose to be a SHIELD employee, a soldier basically, then they'd be expected to follow orders, or face disciplinary action just as any soldier would. I think (at least, I hope) the American people wouldn't accept a general superhero draft, allowing a superhuman to be forced into the role of soldier without their consent. Legally, a superhuman could be said to have a 'choice' - they must register, but they can choose not to become a SHIELD soldier.

That's according to the letter of the law (as I imagine the law will be). Practically, while a superhuman might not be required to join SHIELD, it doesn't take much imagination to see how they could be pressured into doing so. A superhuman who uses their powers in self-defence, in a manner than for anyone else would be considered unquestionably legal, could find themselves in a tricky situation - they could be exonerated in court, but if SHIELD or some other agency decided to make things difficult for the superhero in question, they might end up with a choice of joining SHIELD, or going to jail. And we know what SHIELD's reputation is - if they wanted a particular superhero for some reason, who's to say they wouldn't have some black-ops superhuman on their payroll attack the target and force him/her into self-defence, as an excuse to compel them to join?

Long story short, the public and political opinion is against superheroes at the moment, so the situation is ripe for anyone wanting to exploit them - anything a superhero does will be under scrutiny, while anything done to them in violation of the letter of the law would be far more likely to be swept under the rug and ignored.

[Drakenred]

Actualy it may also be the case that they can operate mutch as a licenced "Bounty Hunter".

[stillanerd]

One of Marvel's own, Dan Slott, made a good point regarding Civil War: If the Marvel Universe is a place where, despite the Hulk leveling buildings, everybody still survives--which is part of the conciet of the superhero genre--then Captain America's side is right. But, the Marvel Universe is a place where heroes unintentionally cause the deaths of innocent poeple--just like the New Warriors in Stamford--then heroes need to be held accountable, meaning Iron Man is right. End of discussion.

Problem is that it appears Millar is emphasizing the idea of "civil liberties vs. security" more so than the "vigilantism vs. centralized authority" argument. As a result, we're supposed to believe that the registering of superheroes violates their freedoms by telling them "either you work as federal agents for the government or be treated like any other person who takes the law into their own hands." And yet almost everyone of the superheroes in the Marvel Universe became crimefighters by choice. Nobody said they HAD to use their powers, abilities, or equipment for fighting against evil and injustice--they did that on their own. Spider-Man was once a wrestler/entertainer before the murder of his Uncle Ben made him become a crimefighter; Captain America volunteered for military service AND the super-soldier experiment; and Iron Man, even though his heart condition forced him to wear high-tech armor, still decided to use his technology to fight threats as a superhero.

It seems like while on the one hand Marvel is presenting a world in which the heroes are held accountable for their actions, we're NOT supposed to be rooting for the registration side given the characterizations we've been getting from the likes of Agent Hill and Iron Man as of late, and how only the anti-registration heroes are interested in being superheroes while the pro-registration side just wants to hunt them down, even hiring questionable characters like Baron Zemo to do it. While we may be getting an understanding of where each side in Civil War is coming from, it seems evident that the "anti-registration" side of things are getting far more favorable treatment than those who are for registration.

Now having said my rant :D, I can definately see problems with this particular act:

# Superheros' will be forced to register with the government

Actually, as I stated above, this makes sense, if you believe in accountability.

# It Requies anybody with superhuman abilities to register, even if they don't intend to use them in a super heroic capacity. It's just like owning a gun.

THIS is probably the most controversal part, especially since it ties into the question of what constitutes "superhuman ability." While one could argue that superhumans are, technically, the same thing as firearms per see, it also holds the same dilemna: just because a person owns a firearm does not mean they'll use it to commit crime. Likewise, just because a person has superhuman abilities doesn't mean they'll use them to become criminals. Also, just like mutant registration, you do, at least, have the issue of how much the government should know about an individual. One could argue that, given whenever a person applies for anything, such as a drivers licence, social security, a checking account, most of that IS a form of registration. In addition, it also smacks of the draft (which is just one of the reasons why I feel the deck is stacked in favor story-wise towards sympathy towards the anti-registration side of things). I'm sure if it was strictly enforced for those who were using their powers as superheroes ONLY, then it would make a whole lot more sense.

# Their identities and powers will be known to the government but not the public

Just like any recruitment involving federal agents. No problems here.

# If you are intending to use your powers in a super heroic capacity, you have to demonstrate the necessary capability and control, demonstrating that you possess the wherewithall to use those powers responsibly. In essence, this is like qualifying to be on the police force.

This, I think, would be the part of the act that Captain America would agree with. However, it's because anybody with powers are forced to register is why he's rebelling. And it makes sense, if you believe in accountability.

# If you're not intending to go Superheroing, no further action after registration is necessary

Exactly. Makes sense to me.

* How do you quantify what a Superhero is?

That's another problem with this act: it's TOO broad. I mean, take a look at Iron Man. Technically, he's NOT a superhuman, or at least he wasn't until Extremis; he was a normal human being whose "powers" come from his armor. A better example is the Punisher. He's conditioned, yes, but has the normal strength and durability of any other person who undergoes intense training. Is he considered a "superbeing?" If that's the case, then every soldier, every athelete, every circus clown, heck even scientists would have to register as "superbeings" if that's the case. I would find it absolutly hilarious if, when the act is passed, somebody overlooks this loophole and, under the "Superhero Registration Act," supenoas to register show up in the mailboxes of soldiers, atheletes, actors, politicians, schoolteachers, cops, firefighters, federal agents, and even members of S.H.I.E.L.D. themselves. It would be a wonderfully absurd example of just how ridiculous a governmental bureaucracy can be.

* How the act effects foreign nationals.

Since it's American legistlation, it wouldn't effect them at all I believe. Diplimantic Immunity.

EDIT: OOPS! I'm thinking of foreign dignitaries and ambassadors. Foreign Nationals would be affected. (Thanks for the correction Drakenred :o )

* Will kids be registered?

Well, if they have superhuman abilities, I'd imagine so. I'm sure this is what's going to happen in the case of Reed and Sue's kids, which will cause a lot of strife in their marriage.

* Whether a mandatory clause to work for the government (should they require) is included AKA you can be forced to do things by the government if they want you to.

Just like military personal, they'd have to follow orders or face criminal prosecution I imagine.

* The terms of continued Superheroism, once registered. i.e.: do you have to be employed directly be the government and sanctioned? Or is the SRA simply a tracing method for culpability?

It's probably both. After all, lets say, under this registration act, a person has to go through rigorous training (obviously) and doesn't pass the basic requirements. Their names would still be on record.

[Drakenred]

* How the act effects foreign nationals.

Since it's American legistlation, it wouldn't effect them at all I believe. Diplimantic Immunity.

WRONG!

Otherwise people from Forign countries could simply walk into the US and comit any crime they want to because American Laws dont apply to them.

Theirfor any superbeing would have to basicaly register with Customs & Immigraton as a Superbeing or be arrested as a suspected terrorist(after all technicaly they are entering the county with what may be a conceiled leathal weapon!)

[stillanerd]

* How the act effects foreign nationals. WRONG!

Otherwise people from Forign countries could simply walk into the US and comit any crime they want to because American Laws dont apply to them.

Theirfor any superbeing would have to basicaly register with Customs & Immigraton as a Superbeing or be arrested as a suspected terrorist(after all technicaly they are entering the county with what may be a conceiled leathal weapon!)

*slaps forehead* I was thinking of ambassadors and other heads of state from other countries. You're absolutely right! And what's more, if they're not American citizens and want to apply for citizenship, then they probably have to register as part of that requirement.

So, is it okay if I go back and edit my last post so I won't look like such an idiot? Too late I guess. :D

[Drakenred]

*slaps forehead* I was thinking of ambassadors and other heads of state from other countries. You're absolutely right! And what's more, if they're not American citizens and want to apply for American citizenship, then they probably have to register as part of that requirement.

So, is it okay if I go back and edit my last post so I won't look like such an idiot? To late I guess. :D

No problem.

Granted considering just how many "Supers" actly would have diplomatic Imunity(Dr Doom used to, Namor does, Ditto Captain Britan (or did that change?) and Black Panther, you were very close to being Right!

[Drakenred]

Actualy that does bring up a minor problem, What if Herk showed up and tried to Register as, well, Himslef,

Seriously!

[stillanerd]

Actualy that does bring up a minor problem, What if Herk showed up and tried to Register as, well, Himslef,

Seriously!

Especially since many wouldn't believe he's the actual Hercules even if he told them. After all, look at Ultimate Thor.

And speaking of which, how in the world could anybody force the Norse God of Thunder--if and when he gets back--to apply for registration? And what about the Silver Surfer? Or the Hulk?

[Kevinroc]

Especially since many wouldn't believe he's the actual Hercules even if he told them. After all, look at Ultimate Thor.

And speaking of which, how in the world could anybody force the Norse God of Thunder--if and when he gets back--to apply for registration? And what about the Silver Surfer? Or the Hulk?

The Hulk is technically already a fugitive. But of course, the US Military of Marvel Earth has "take down the Hulk" in their budgets. Sometimes they can, sometimes they can't.

[stillanerd]

The Hulk is technically already a fugitive. But of course, the US Military of Marvel Earth has "take down the Hulk" in their budgets. Sometimes they can, sometimes they can't.

Guess that's one way of saying there's always exceptions to the rules. :)

[Chinchalinchin]

Alright, after reading New Avengers #22, I have been wondering exactly who has to register and what registering means, precisely.

Does the Act restrict itself to just vigilantes or does it encompass all super powered beings? Is S.H.I.E.L.D service optional or compulsory? If the latter, the Act seems more like a draft than a security measure and that would definitely paint the Anti side in more sympathetic light.

I suppose this is more of a question for Mr. Brevoort, so maybe I'll post it in that thread at the top of the forum if I don't get any answers.

[Bobster777]

Alright, after reading New Avengers #22, I have been wondering exactly who has to register and what registering means, precisely.

Does the Act restrict itself to just vigilantes or does it encompass all super powered beings? Is S.H.I.E.L.D service optional or compulsory? If the latter, the Act seems more like a draft than a security measure and that would definitely paint the Anti side in more sympathetic light.

I suppose this is more of a question for Mr. Breevort, so maybe I'll post it in that thread at the top of the forum if I don't get any answers.

yeah, pose this to Mr. Brevoort so we can get an official answer. As for as I know, you have to sign if you have powers, but you don't have to be a super hero if you don't want to. One example is Firestar.