[Proposal] Criminal Code Discussion

[Dalimbar]

As I believe that in general the old Criminal Codex is well designed and merely could use tweaking here and there, I'm going to place it here for discussion. Please take a look to familiarize yourselves with the document. I will be creating a new Spoiler under the first one to keep track of any changes that are proposed.

The immediate changes I can see are found in Sections 6 and 8, where it refers to "the Scribe of Justice" and "the Pschent". Depending on what is proposed in the new constitution to deal with the judicial system, these sections will need to be updated to reflect those changes.

Spoiler

Criminal Codex of the Osiris Fraternal Order Act

Section 1: Institution and Purpose of the Codex

1. The Criminal Codex of the Osiris Fraternal Order, hereafter referred to as the Codex, will be the fundamental Act of Osiran criminal law. Only offenses outlined in this Act will be considered crimes under Osiran law.

Section 2: High Crimes

1. The following are classified as high crimes against the Osiris Fraternal Order:

(a) "Treason" is defined as any attempt to overthrow or rebel against or incite others to overthrow or rebel against the Osiris Fraternal Order.

(b) "Sedition" is defined as any attempt to aid or incite others to aid enemies of the Osiris Fraternal Order during a time of war.

(c) "Espionage" is defined as the unsanctioned disclosure by an officer or agent of the Osiris Fraternal Order of confidential information relative to the interest or security of Osiris to a foreign region or its representative.

(d) "Off-site Property Destruction" is defined as any attempt to phish, crash, or spam any off-site property belonging to any region or organization in NationStates.

(e) "Citizenship Fraud" is defined as any attempt to provide false or misleading answers on one's application for citizenship in the Osiris Fraternal Order or any attempt to conceal alternate NationStates aliases during the citizenship application process.

2. High crimes will carry a maximum sentence of permanent regional and/or forum ban, revocation of citizenship, and/or permanent prohibition of future citizenship.

Section 3: Felony Crimes

1. The following are classified as felony crimes against the Osiris Fraternal Order:

(a) "Unlawful Disclosure" is defined as any attempt to disclose information to anyone who is not authorized to view such information without the explicit approval of the government official(s) responsible for said information. The definition of Unlawful Disclosure will not be construed to criminalize disclosure of illegal activity to the appropriate authorities.

(b) "Official Impersonation" is defined as any attempt, for non-satirical purposes, to misrepresent one's self as an official of the Osiris Fraternal Order.

(c) "Electoral Fraud" is defined as any attempt to manipulate the outcome or results of any election through means which include, but are not limited to, violating electoral law or lawfully established electoral practices, impeding proper electoral administration, or officially misrepresenting electoral results.

(d) "Administrative Abuse" is defined as any attempt by administrators or moderators to use administrative or moderation power to improperly access, edit, or delete the account(s) or post(s) of any user of Osiran off-site property; to improperly restrict the right to free speech of Osiran citizens; to commit or aid in the commission of any other crime; or to conceal such behavior.

(e) "Harassment" is defined as the use of intimidation, blackmail, or other threatening conduct to damage the sense of security or dignity of any citizen or foreign guest of the Osiris Fraternal Order.

(f) "Bribery" is defined as any attempt to offer favors or gifts to voters or any electoral official(s) to influence any election or to the relevant official(s) to influence any appointment.

(g) "Conspiracy" is defined as any attempt to enter into a plot with one or more others to commit or conceal a high crime or felony or to aid any others in the commission or concealment of a high crime or felony.

(h) "Chronic Misdemeanor" is defined as the frequent commission of multiple misdemeanor crimes.

(i) "Felony Misdemeanor" is defined as the commission of multiple misdemeanor crimes.

2. Felony crimes will carry a maximum sentence of twelve month regional and/or forum ban.

Section 4: Misdemeanor Crimes

1. The following are classified as misdemeanor crimes against the Osiris Fraternal Order:

(a) "Defamation" is defined as any attempt to publicly attack the character of a citizen or foreign guest of the Osiris Fraternal Order with unsubstantiated or imaginary claims, with the malicious intent to cause serious damage to the reputation of that individual.

(b) "Impersonation" is defined as any attempt to misrepresent one's self, for non-satirical purposes, as another known NationStates player.

(c) "Fraud" is defined as any attempt to provide false or misleading information for the purpose of obtaining any significant benefit or advantage, political or otherwise.

(d) "Judicial Contempt" is defined as any attempt to disrupt the order of the Pschent or demonstration of repeated disregard for proper judicial procedure.

(e) "Unlawful Recruitment" is defined as any attempt to recruit residents of Osiris to another region or organization in NationStates through any Osiran off-site property or, if in violation of regulations established by the Pharaoh for Regional Message Board (RMB) recruitment advertisements, through the RMB of the NationStates region Osiris.

(f) "Unlawful Posting" is defined as posting in any governmental area in which one is not authorized by the relevant government official(s) to post or excessive, out of context posting in any area of Osiran off-site property that is not designated for that purpose or on the RMB of the NationStates region Osiris.

(g) "Unlawful Campaigning" is defined as posting electoral campaign messages in any area of Osiran off-site property other than those designated by electoral officials. The definition of Unlawful Campaigning will not be construed to prohibit campaign links or imagery in forum signatures or to prohibit candidates from private outreach to voters.

2. Misdemeanor crimes will carry a maximum sentence of one month regional and/or forum ban.

Section 5: Definitions

1. For the purposes of this Act, the following definitions will apply:

(a) "Off-site property" is defined as any forum or website that exists separately from the NationStates website.

(b) "Phishing" is defined as any attempt to gain administrative or moderation power over off-site property or passwords to off-site property accounts by deception.

(c) "Crashing" is defined as any attempt to cause off-site property to permanently go out of service or lose information, including but not necessarily limited to improper deletion of posts, deletion of a forum or website, and deliberate posting of content of such a nature that it could cause a forum or website host to delete the forum or website.

(d) "Spamming" is defined as any attempt to waste or exceed server capacity or to cause off-site property to become temporarily inaccessible, including but not necessarily limited to excessive page access, excessive account creation, excessive posting, and denial of service attacks.

Section 6: Sentencing

1. The Scribe of Justice or their deputy will detail recommended sentences when prosecuting criminal offenses before the Pschent, according to the procedure established by the Pschent.

2. Sentences will include formal censures or warnings, suspension of rights in accordance with the State Code of Osiris, forum bans, in-game ejections, in-game bans, revocation of citizenship, and prohibition of future citizenship.

Section 7: Jurisdiction

1. The Osiris Fraternal Order will have jurisdiction to prosecute high crimes and felony crimes against Osiris without regard to the location or medium in which such crimes are committed.

2. The Osiris Fraternal Order will have jurisdiction to prosecute misdemeanor crimes only if they are committed on Osiran off-site property or in the NationStates region Osiris.

Section 8: Statute of Limitations

1. In order to be valid, a charge of a high crime must be brought before the Pschent by the Scribe of Justice or their deputy within twelve months of the date the alleged offense occurred.

2. In order to be valid, a charge of a felony crime must be brought before the Pschent by the Scribe of Justice or their deputy within six months of the date the alleged offense occurred.

3. In order to be valid, a charge of a misdemeanor crime must be brought before the Pschent by the Scribe of Justice or their deputy within three months of the date the alleged offense occurred.

Spoiler

Criminal Code of the Osiris Fraternal Order Act

Section 1: Institution and Purpose of the Code

1. The Criminal Code of the Osiris Fraternal Order, hereafter referred to as the Criminal Code, will be the fundamental Act of Osiran criminal law. Only offenses outlined in this Act will be considered crimes under Osiran law.

Section 2: High Crimes

1. The following are classified as high crimes against the Osiris Fraternal Order:

(a) "Treason" is defined as any attempt to overthrow or rebel against or incite others to overthrow or rebel against the Osiris Fraternal Order.

(b) "Sedition" is defined as any attempt to aid or incite others to aid enemies of the Osiris Fraternal Order during a time of war.

(c) "Espionage" is defined as the unsanctioned disclosure by an officer or agent of the Osiris Fraternal Order of confidential information relative to the interest or security of Osiris to a foreign region or its representative.

(d) "Off-site Property Destruction" is defined as any attempt to phish, crash, or spam any off-site property belonging to any region or organization in NationStates.

(e) "Citizenship Fraud" is defined as any attempt to provide false or misleading answers on one's application for citizenship in the Osiris Fraternal Order or any attempt to conceal alternate NationStates aliases during the citizenship application process.

2. High crimes will carry a maximum sentence of permanent regional and/or forum ban, revocation of citizenship, and/or permanent prohibition of future citizenship.

Section 3: Felony Crimes

1. The following are classified as felony crimes against the Osiris Fraternal Order:

(a) "Unlawful Disclosure" is defined as any attempt to disclose information to anyone who is not authorized to view such information without the explicit approval of the government official(s) responsible for said information. The definition of Unlawful Disclosure will not be construed to criminalize disclosure of illegal activity to the appropriate authorities.

(b) "Official Impersonation" is defined as any attempt, for non-satirical purposes, to misrepresent one's self as an official of the Osiris Fraternal Order.

(c) "Electoral Fraud" is defined as any attempt to manipulate the outcome or results of any election through means which include, but are not limited to, violating electoral law or lawfully established electoral practices, impeding proper electoral administration, or officially misrepresenting electoral results.

(d) "Administrative Abuse" is defined as any attempt by administrators or moderators to use administrative or moderation power to improperly access, edit, or delete the account(s) or post(s) of any user of Osiran off-site property; to improperly restrict the right to free speech of Osiran citizens; to commit or aid in the commission of any other crime; or to conceal such behavior.

(e) "Harassment" is defined as the use of intimidation, blackmail, or other threatening conduct to damage the sense of security or dignity of any citizen or foreign guest of the Osiris Fraternal Order.

(f) "Bribery" is defined as any attempt to offer favors or gifts to voters or any electoral official(s) to influence any election or to the relevant official(s) to influence any appointment.

(g) "Conspiracy" is defined as any attempt to enter into a plot with one or more others to commit or conceal a high crime or felony or to aid any others in the commission or concealment of a high crime or felony.

(h) "Chronic Misdemeanor" is defined as the frequent commission of multiple misdemeanor crimes.

(i) "Felony Misdemeanor" is defined as the commission of multiple misdemeanor crimes.

2. Felony crimes will carry a maximum sentence of twelve month regional and/or forum ban.

Section 4: Misdemeanor Crimes

1. The following are classified as misdemeanor crimes against the Osiris Fraternal Order:

(a) "Defamation" is defined as any attempt to publicly attack the character of a citizen or foreign guest of the Osiris Fraternal Order with unsubstantiated or imaginary claims, with the malicious intent to cause serious damage to the reputation of that individual.

(b) "Impersonation" is defined as any attempt to misrepresent one's self, for non-satirical purposes, as another known NationStates player.

(c) "Fraud" is defined as any attempt to provide false or misleading information for the purpose of obtaining any significant benefit or advantage, political or otherwise.

(d) "Judicial Contempt" is defined as any attempt to disrupt the order of the Pschent or demonstration of repeated disregard for proper judicial procedure.

(e) "Unlawful Recruitment" is defined as any attempt to recruit residents of Osiris to another region or organization in NationStates through any Osiran off-site property or, if in violation of regulations established by the Pharaoh for Regional Message Board (RMB) recruitment advertisements, through the RMB of the NationStates region Osiris.

(f) "Unlawful Posting" is defined as posting in any governmental area in which one is not authorized by the relevant government official(s) to post or excessive, out of context posting in any area of Osiran off-site property that is not designated for that purpose or on the RMB of the NationStates region Osiris.

(g) "Unlawful Campaigning" is defined as posting electoral campaign messages in any area of Osiran off-site property other than those designated by electoral officials. The definition of Unlawful Campaigning will not be construed to prohibit campaign links or imagery in forum signatures or to prohibit candidates from private outreach to voters.

2. Misdemeanor crimes will carry a maximum sentence of one month regional and/or forum ban.

Section 5: Definitions

1. For the purposes of this Act, the following definitions will apply:

(a) "Off-site property" is defined as any forum or website that exists separately from the NationStates website.

(b) "Phishing" is defined as any attempt to gain administrative or moderation power over off-site property or passwords to off-site property accounts by deception.

(c) "Crashing" is defined as any attempt to cause off-site property to permanently go out of service or lose information, including but not necessarily limited to improper deletion of posts, deletion of a forum or website, and deliberate posting of content of such a nature that it could cause a forum or website host to delete the forum or website.

(d) "Spamming" is defined as any attempt to waste or exceed server capacity or to cause off-site property to become temporarily inaccessible, including but not necessarily limited to excessive page access, excessive account creation, excessive posting, and denial of service attacks.

Section 6: Sentencing

1. The Scribe of Justice or their deputy will detail recommended sentences when prosecuting criminal offenses before the Pschent, according to the procedure established by the Pschent.

2. Sentences will include formal censures or warnings, suspension of rights in accordance with the State Code of Osiris, forum bans, in-game ejections, in-game bans, revocation of citizenship, and prohibition of future citizenship.

Section 7: Jurisdiction

1. The Osiris Fraternal Order will have jurisdiction to prosecute high crimes and felony crimes against Osiris without regard to the location or medium in which such crimes are committed.

2. The Osiris Fraternal Order will have jurisdiction to prosecute misdemeanor crimes only if they are committed on Osiran off-site property or in the NationStates region Osiris.

Section 8: Statute of Limitations

1. In order to be valid, a charge of a high crime must be brought before the Pschent by the Scribe of Justice or their deputy within twelve months of the date the alleged offense occurred.

2. In order to be valid, a charge of a felony crime must be brought before the Pschent by the Scribe of Justice or their deputy within six months of the date the alleged offense occurred.

3. In order to be valid, a charge of a misdemeanor crime must be brought before the Pschent by the Scribe of Justice or their deputy within three months of the date the alleged offense occurred.

[ARR]

I would say that the only issue is that offsite property destruction of Osiran property is considered equal to that of other regions. I would instead state that offsite property destruction of osiran property is a high crime, while destruction of other regions property is, at the most, a felony.

[Cormac]

I would say that the only issue is that offsite property destruction of Osiran property is considered equal to that of other regions. I would instead state that offsite property destruction of osiran property is a high crime, while destruction of other regions property is, at the most, a felony.

Felonies don't carry with them the possibility of being sentenced to a permanent ban, so I'm going to have to disagree and say that all off-site property destruction should remain a high crime. There may be such grievous incidents of off-site property destruction elsewhere that we feel the person should be permanently banned here.

In regard to the rest of the criminal code, I do think there are a couple of things we could remove altogether:

- Section 3.1(e), "Harassment"
- Section 4.1(a), "Defamation"

These two things are both very subjective and usually involve out-of-character rather than in-character matters. I would be more comfortable with actual out-of-character harassment or defamation, of a serious nature, being handled by forum administration. If it's not of a serious nature, nothing should be done about it at all. We've recently seen attempts to misuse both "Harassment" and "Defamation," so I think it's something we need to look at.

We've also repeatedly had issues with Section 3.1(a), "Unlawful Disclosure." When this happens, it's usually accidental rather than intentional. I don't know that we should get rid of this altogether, but I think it might be appropriate to make it a misdemeanor, while leaving "Espionage" -- which, by definition, can only be intentional -- as a high crime.

[Biyah]

My basic take is that there are a lot of things here that need trimming.

I think it would be best to trim those things that are purely forum administration items, like banning for harassment, and adding a small section at the bottom acknowledging the right and authority of Forum Administration to perform 'X' acts beyond governmental matters without touching the court system. IE, harassment and such.

Harassment, as it is written here, actually falls under the Sedition or Espionage sections under High Crimes. If blackmail is being used against a member of the government, then by all means, that is an in-game issue and should be handled as such. But, that action has much stronger consequences than 'harassment', it IS sedition (or espionage, if blackmailed to provide intelligence information).

Thus, Harassment/etc can be removed from this entirely (just expand the Sedition/Treason/etc definitions. )

I'll provide a more point-by-point as I read through it. I'll also write a sample Administration section for discussion, in that same post.

~B

[ARR]

I really don't know, Cormac. The only reason I'd even see keeping destruction of other regions offsite forums as a crime is to save our face: something which, though important, is not crucial.

On the other hand, other regions have shown a far looser moral code than us. These regions may allow individuals we have decided to permanently ban into their region, meaning that what we have created is a disgruntled exile with information about our region, whose crime may have been (to the best of their knowledge) in aid of Osiris.

[Biyah]

I'm not sure I understood that. Do you mean - if we undertake in undercover ops to destroy another forum, and they're caught, we'd ban em (and thus piss em off?)

In 12 years of NS, I've never destroyed or ordered a destruction of a forum as a black operation - that just does not happen.

If I am misunderstanding you, please clarify.

~B

[ARR]

Sorry, that didn't come out correctly: I was rather drunk, lol.

What I'm referring to is if we get someone who, of their own volition hurts a regions offsite property thinking they were helping Osiris, and we ban them, what we've got is an individual who knows a lot about our region, and potentially our military, who is very dangerous due to his loose moral code, and has a grudge against us because we've just banned him. A region who does not have the best of intentions where we're concerned could quite easily use this guy as a wonderful source of information as a method of attacking us.

What I think we should do is lay out some form of 'rules of war,' (though accessible only to our military members) which will give penalties for offsite property destruction which are lower than those penalties given out for destruction of our own property.

[Biyah]

Forum destruction is always a cardinal crime, pretty much wherever you go in the civilized world. If we get someone like that so high up, we'd have to boot them. As security vizier, it's my job to ferret those types out. But if one gets past, we'll just have to suck up whatever damage might incur.

IF they have a lose enough moral code to destroy a board, they have a lose enough moral code to leak information whether or not we keep them in government and/or even know about said forum destruction.

~B

[Biyah]

I would like to bring this into consideration - and I'd like the Admins to weigh in, since it's their powers we're trying to codify outside the criminal code. I also suspect that my legal-eze will need some rewording, it's been a while.

Section 9: Administration Jurisdiction

1: The following are classified as Administration Powers, that bypass the 'In-Game' court system due to Real Life considerations. Punishments may be handed down as are thought appropriate by the combined Forum Administration team, up to and including a permanent ban from the Zetaboard forum that houses the Osiris Fraternal Order.

(a) "Harassment" is defined as the purposeful and hurtful attacks by one person or persons against another, for the purpose of being aggressive or intimidation. This most applies to the application of real life facts and situations, beyond the normal 'political' aspect of a role-play game.

(b) "Sexual Harassment/Abuse & Stalking" is defined as the making of unwanted sexual remarks, pursuing a relationship with the intent on abusing said individual, and/or following said individual from place to place (forum to forum, or other online medium) with the intent of continuing harassment or abuse.

[Cormac]

I think it might be better to protect the power of forum administration to deal with OOC matters in general terms, and then for forum administration to produce administration and moderation guidelines so everyone will know what the guidelines are, rather than including these in the criminal code itself.

So, as an example of what a general provision would look like, this is what is currently included in the draft constitution the government has submitted:

(2) No provision of this constitution nor any law or policy enacted pursuant to this constitution will be construed to limit or interfere with the responsibility and authority of forum administration to safeguard the out-of-character security of the regional forum or its community.

And then with a provision like this in place, forum administration could issue guidelines, as I've said, so everyone will be on the same page regarding what's expected of them OOC.

Thoughts on that approach?

Also, I wholeheartedly agree with Biyah on the issue of forum destruction. I know there are communities that punish forum destruction less severely, but I wouldn't like to see us become one of them.