Photonic Sentient : Defined in 279th UFP Council Bill P.L. 116658A; An individual Artificial Intelligence computer matrix defined personality, with or without form, but with the personality capable of objectively passing these three tests; the Turing Test, the Maddox Test, and the Zimmerman Test, and upon proof of self aware sentience chooses not to accept citizenship of the United Federation of Planets.
- A Photonic Sentient not of UFP origin, and not wishing to apply for citizenship may also choose to apply for asylum and not reject the rights of their origin and still enjoy privileges in the UFP.
History[]
2377[]
Stardate 54732.3: The Doctor's attempt to write a holonovel, Photons Be free, causes trouble for the crew of Voyager. Even more troubling, however, is the fact that it brings into question The Doctor's rights as a sentient individual. (VOY episode: "Author, Author")
2377[]
Although there was a major reception, Voyager's crew was made unwelcome by a Federation still reeling from the ravaging Dominion War. Voyager was docked at McKinley_Station, laid open and stripped of its custom and futuristic technology. When a Borg virus broke out on Earth, gradually assimilating the population, Voyager was blamed and its former Borg crewmembers Seven of Nine and Cadet Icheb incarcerated. At the same time, The Doctor was imprisoned at the same facility for his connections to Oliver Baines' HoloRevolution. (VOY novel: Homecoming)
2382[]
The Doctor is stripped of his mobile emitter, The Doctor protests and the case is heard in Federation Courts.
2383[]
The [https://memory-beta.fandom.com/wiki/Soong_Foundation Soong Foundation] begins work on producing new mobile holographic emitters while the Federation's lawyers continue to debate the rights of The Doctor to retain the use of his own.
2389[]
In the courts, the case of the photonic lifeform known as The Doctor makes a small advancement after years of being stalled in hearings and appeals. On Stardate 66954.79, a Federation judge rules that the lawsuit may be expanded into a class-action suit encompassing all sentient artificial lifeforms in the Federation. "This is about more than one being and a mobile emitter," says Alyssa Cogley-Shaw, a lawyer for the Soong Foundation. "This is about basic rights."
Cogley-Shaw says that while the expansion of the lawsuit may mean that it will remain tangled in the courts for years to come, its ultimate resolution may mean an end to the forced servitude of more than 600 EMH Mark I holograms. And, as Starfleet re-equips more of its starships with holoprojectors to expand the usefulness of photonic "tools" such as the Emergency Command and Emergency Medical Holograms, someday those lifeforms may be considered Starfleet officers with all of the rights and privileges of their rank.
2390[]
On Earth, the Federation Supreme Court agrees to hear oral arguments from a group of holonovel publishers and programmers who are seeking to block the class-action lawsuit asking for civil rights for holograms. The group hires a retired Starfleet Rear Admiral, Phillipa Louvois of the Judge Advocate General's office, to lead their case, and she argues that appearing sentient does not automatically mean a hologram is sentient. Unless the holograms can be determined to be intelligent and self aware, the Acts of Cumberland and the Federation Constitution do not offer them full protection.
The Soong Foundation argues that without full holoemitter technology, it cannot bring witnesses to court to speak in their own defense, and that court rules preclude remote testimony in matters such as this. The justices grant the Soong Foundation a delay.
2391[]
Federation Supreme Court rules in favor of Phillipa Louvois and the holonovel publishers and programmers she represents, saying that the Acts of Cumberland would not apply to non-sentient holographic or artificial lifeforms. They return the Soong Foundation's class action suit to a lower court to determine what defines sentience in a legal sense. Not content with pursing its agenda in the courts, the Soong Foundation launches a campaign to lobby Federation worlds to add rights for artificial life forms to the Federation Constitution.
2393[]
The legal fight for civil rights for artificial lifeform hits a snag over the hologram known as "Moriarty." Alerted to its existence in a Starfleet computer, the Soong Foundation sues to have the program released into its custody. Attorneys for Starfleet argue that Moriarty and his companion are a security risk, and that the program's attempt to take over the USS Enterprise-D in 2369 allows Starfleet to keep it in indefinite custody to protect the public. "That's just imprisonment without a trial," argues Alyssa Cogley-Shaw, lead attorney for the Soong Foundation. "Since when did Starfleet turn into the Obsidian Order?"
2394[]
The case at the heart of the fight over the legal status of artificial lifeforms came to a close when the Supreme Court of the Federation ruled that The Doctor is indeed a sentient being, and, as such, he had the right to self-determination and the right to retain the mobile emitter brought back from the Delta Quadrant. The court went on to set standards which artificial lifefroms must pass to be considered sentient, and ruled that any that cannot do so are technological constructs that are the property of their creators or owners. "This is a major victory," said Alyssa Cogley-Shaw of the Soong Foundation after the ruling. "These are people, not replicators. We won't stop until every photonic lifeform has the right to choose how they want to live."
2398[]
After six years of reports, panels and legislative wrangling, the Federation Council approved rules for dual citizenship. This option was created to allow beings to apply for permanent residency and other rights without sundering all of their ties to their homeworlds. Dual citizens could live and work anywhere in the Federation, apply for Federation grants, and even vote in Federation elections. However, dual citizens owed allegiance to and were subject to the laws of both political entities of which they are citizens. Also, the homeworld of an applicant must allow dual citizenship as well.
The Soong Foundation and other artificial life groups argued that the bill should be extended to artificial lifeforms, but the Federation Council refused. Artificial lifeforms must either pass the tests established by the Supreme Court of the Federation to be granted full citizenship, or they were property. There was no middle ground.
2404[]
The Soong Foundation sued for an injunction forcing Starfleet to reveal the whereabouts and condition of all of its holographic programs. "We want to review these cases," said Soong Foundation attorney Alyssa Cogley-Shaw. "There are sentient lifeforms trapped in lives of misery and slavery, like the EMH Mark I holograms who have been mining dilithium for more than thirty years!"
Starfleet appealed the injunction, saying that the request was too broad and it invaded officers' privacy. "The brave men and women serving the Federation deserve to have some holographic entertainment without legal review," said Starfleet spokesperson Marie Durant. "Even if all classified uses of holograms were struck from this injunction, it is still illegal and irresponsible." Legal analysts predicted this holorights (photonic-rights) case, like that of The Doctor, could go all the way to the Supreme Court of the Federation.
2412[]
The Soong Foundation issues a challenge to Starfleet for custody of a number of their subjects of study on Artificial lifeforms claiming that the subjects fall under the umbrella of their case for the recognition of rights for holographic sentient life forms.
Due to the classified nature of that study, and its revelation by a whistleblower, the case is delayed until a third party is able to determine the facts of the case. The Daystrom Institute is brought in to be that third party.
2413[]
The Soong Foundation was successful in being awarded custodianship of the study subjects, but only on the condition that the Daystrom Institute would oversee the study, and allow Starfleet researchers full access to the subjects.
2417 Determining that the Artificial Lifeform research would overly complicate their long running battles in the Federation Courts, the lead attorney for the Soong Foundation splits the cases to individual bids for recognition of rights and a class action suit to force Starfleet to allow proper testing and evaluation of all categories of holographic entities.
The class action suit was once again met with arguments against such access due to security and privacy concerns. The Supreme Court of the Federation agrees to hear the case.
2418[]
The Soong Foundation reluctantly accepts a delay in the class action suit for an internal analysis by Starfleet of their holographic catalogues. The internal analysis is to be performed by an already recognized Holographic Sentient, The Doctor, formerly the EMH of the USS Voyager, and Holographic Rights advocate. His continuing work with Starfleet, and recognition of his security clearance, allows Starfleet Command to allow this access.
2420[]
The Soong Foundation begins presenting individual cases to Federation's courts, successfully gaining the recognition of rights of the plaintiffs. The process is frustratingly difficult and resource costly.
The Foundation Attorneys continue working on their class action suit in effort to obtain the equivalent of legislation their lobbyist had continually failed to gain backing for in the Federation Council.
2421[]
Several long running studies of Artificial Lifeforms see surprising turns of account. The Federation Supreme Court grants Starfleet another continuance as they grant one of the research subjects active duty position as an officer in Starfleet. The Court agrees that a continuance of five years was appropriate. The length of continues outrages the Soong Foundation Legal team, who file a protest.
2426[]
Due to an ongoing war forcing Starfleet to request an additional continuance before bringing Artificial Lifeforms for testimony, they are granted an open ended continuance until the war allows for critical testimony. The Soong Foundation once again filed protest, but then withdrew protest when learning it was their own witness that requested to not be pulled from active duty to testify.
The Soong Foundation continues to file individual cases to sue for the rights of individual holographic entities.
2428[]
Speaking under condition of anomality, one of the Artificial Lifeforms being studied then for sixteen years submitted themselves for testing and testimony for six weeks of closed sessions with the UFP Supreme court. The decision would follow after ten months of deliberations.
2429[]
The UFP Supreme Court publishes a testing protocol for the establishing of sentience for artificial life forms. The surviving original two test subjects of the Starfleet study are granted full rights and an offer of citizenship in the UFP.
The Soong Foundation expresses gratitude, but requests an expansion on the decision, as they had been arguing a class action position. They were not pleased with the answer that the court was denying their class action position entirely, instead deciding that the lower courts must recognize the plaintiffs individually.
2430[]
The Soong Foundation continues the arduous task of individually suing for rights, while shifting significant focus into attempting to lobby law makers to move to a logical change.
2436[]
The Soong Foundation puts significant resources and effort into putting a candidate into office more than sympathetic to their cause but willing to act.
2438[]
The former EMH of the USS Voyager and Photonic Entity Rights Advocate, now known as Dr. Zimmerman is elected to the UFP Ruling Council.
2440[]
In the 279th Federation Council session, Bill P.L. 116658 was submitted for consideration. Through months of debate, and evidence brought forth on both sides, the Bill P.L. 116658 was passed with a majority by the end of the Council session and end of the year.
The bill, while florid and abundantly clear in its wording can be summed up in a simple expression. Life as we know it, is not an adequate determination of life. The definition requires a retooling to include life as we do not yet understand. As such, the bill proposed to define sentient life by a determination of self awareness and sufficient sentience no matter its form or origin.
It was determined through the evidence this last century that holographic creations and more defined simulations of personalities as they had been written to simulate life, have, with the power of the modern computing, had the potential to break through the threshold to true intelligence and thus be defined as individually sentient life, changes to the regulations on the production of such software had to address and all existing matrices analyzed. Those passing the Turing test and the Maddox test would be offered the choice of self determination. Due to the complexity of the issue, all public holo-simulation use was restricted for nearly four years with a temporary complete ban on new creations.
Concerning photonic refugees from outside of the federation, they will be treated as any other life form seeking asylum.
OOC[]
Much of the above is directly quoting the Path to 2409, and is expanded upon to fill in the missing timeline