I would respectfully submit that using the word “affirmatively” captures both, and using this different word, “actively”, actually creates more questions. It creates ambiguity and will result, I believe, in further litigation.
These words were not used by the Supreme Court. The Supreme Court used the word “affirmatively”. That was what the Supreme Court used in capturing both words and conduct.
I would respectfully disagree, and with respect to the translation, if anything this would seem to clean it up.