HB 21-04: Real Life Protections Criminal Code Reform Act (Final Vote)

[Pericles]

A BILL

To protect the right of Atlasian players to have their personal real life identities kept secret

Be it enacted by the Senate and House of Representatives in Congress assembled,

Section I: Title

1. This Act may be cited as the "Real Life Protections Criminal Code Reform Act".

Section II: The Amendment

1. Section 2 of the Criminal Justice Act of 2016 is amended as follows:

i. The following shall be crimes against Atlasia:
(a) Impersonation. This offense shall be defined as the impersonation of another Atlas Forum member, be they a citizen of the Republic of Atlasia or not, within the territory of the Republic of Atlasia.
(b) Identity Theft. This offence shall be defined as the illicit taking of control by any means of another Atlas Forum member's person account, be they a citizen of the republic or not, without explicit and provable consent.
(c) Voter Fraud. This offence shall be defined as the creation of identities other than a citizen's primary identity in the Republic of Atlasia and subsequently entering this identity into the tally of registered voters.
1. If a citizen no longer has access to their previous forum account and wishes to register with a new forum account in Atlasia, then they shall be allowed to do so legally only if they make it clear in the registration thread who they are and which forum account they previously registered under so that the Secretary of Federal Elections may appropriately update the registration without having any duplicate accounts on the voter roll.
2. This shall exclude those who have had their previous account banned from the Atlas Forum.
(d) Electoral Fraud. This offence shall be defined as the manipulation of of the republic's electoral procedures and practices with the aim of fraudulently altering the results of a specific electoral contest.
(e) Obscenity. This offence shall be defined as the posting of any threads, messages, images, videos, links or other media of a pornographic or sexually explicit nature on the territory of the Republic of Atlasia. In cases where the material posted is of a clearly pornographic nature, the offence shall be known as Gross Obscenity.
(f) Electoral Intimidation. This offence shall be defined as the placing of undue pressure on a citizen of the Republic to cast a ballot in a particular way, to not cast a ballot at all, or to invalidate a ballot already cast via direct threats of revenge, blackmail, or retribution. In those cases in which undue pressure has been applied in the form of credible threats to disclose personal information, the offence shall be known as Grievous Electoral Intimidation.

(g) Ballot Tampering. This offense shall be defined as the deletion of a ballot during a period between vote was closed and elected officeholders sworn-in, soliciting to delete a ballot during the same period or deleting a ballot within the election period after 20 minutes of the vote being cast and re-voting within the election period.
(h) Misconduct in Public Office. This offence shall be defined as the abuse of office for provable personal gain by cabinet officials or deputy cabinet officials.
(i) Perjury. This offence shall be defined as "any person who takes an oath before a competent tribunal or officer that he will testify, declare, depose, or certify truly, or that any written testimony, declaration, deposition, or certificate by him subscribed, is true, wilfully and contrary to such oath states or subscribes any material matter which he does not believe to be true."
(j) Breach of the Peace. This offence shall be defined as the wilful undertaking of activities that though not treasonous nevertheless undermine the stability and security of the Republic of Atlasia.
(k) Malicious Editing of the Wiki. This offence shall be defined as the editing of the Atlasia Wiki with malicious intent.
(l) Improper Behaviour on the Wiki. This offence shall be defined as the knowing violation or flagrant disregard of standards and guidelines for the Atlasia Wiki established by the National Archivist.
(m) Contempt of Court. See Section 5, clause iii of this Act.
(n) Terrorism. This offense shall be defined as the malacious deletion or destruction of threads housing government institutions, voting booths, or the legislation threads of any legislative body in Atlasia.
(o) Doxxing. This offense shall be defined as the disclosal of the personal information of any user of the Atlas Forum either obtained illegally or posted against their will by a citizen of Atlasia.
(p) Blackmail. This offense shall be defined as the threat to disclose personal information about a user of the Atlas Forum, for political or personal gain.

ii. In those cases in which a Crime Against Atlasia has been attempted unsuccessfully, it shall nevertheless be possible to charge a citizen with the offense that they unsuccessfully attempted to commit. In such cases the official record of the charge shall be prefaced with 'Attempted', but no other alterations to procedure shall be made. This applies to all Crimes Against Atlasia with the exception of Obscenity (including Gross Obscenity), Misconduct in Public Office, Perjury, and Contempt of Court.

iii. In those cases in which the perpetrator of a Crime Against Atlasia has been instructed, commissioned, mandated, or otherwise aided by other persons in the planning or execution of the offence in question, then those persons may also be charged with the offence that they conspired to commit. In such cases the record of the charge shall be prefaced with Conspiracy to Commit, but no other alterations to procedure shall be made. It shall not be necessary to charge an individual with a specific Crime Against Atlasia in order to charge other persons in this manner.

Section III: Implementation

1. This bill shall become effective immediatly after passage

2. No provisions of this amendment to the Criminal Justice Act of 2016 shall be applied retroactively.

People's Regional Senate
Passed 6-0 in the Atlasian Senate Assembled,

Sponsor: ReaganClinton
House Designation: HB 21-04

[Pericles]

This needs a sponsor.

[YE]

I'd sponsor but I'm breaking clogging limits so I'll pass.

[RC (a la Frémont)]

I’ll sponsor with the intent to amend.

[Pericles]

24 hours to object to ReaganClinton sponsoring this bill.

[Pericles]

ReaganClinton is recognized as the sponsor and is invited to speak on this bill.

[RC (a la Frémont)]

The bill is pretty self explanatory, it adds and condenses things from the original bill that will protect both our election process and our citizens. Simple stuff, however I did sponsor this so I could introduce an amendment immediately. Reading the bill, I was surprised to see Section e was included, as it didn’t really fit with the severity of the other crimes. Yes, i completely understand that pornographic content is banned on this forum, however I don’t believe it belongs among crimes such as doxxing and electoral fraud. That’s pretty much it, just wanted to remove that section.

A BILL

To protect the right of Atlasian players to have their personal real life identities kept secret

Be it enacted by the Senate and House of Representatives in Congress assembled,

Section I: Title

1. This Act may be cited as the "Real Life Protections Criminal Code Reform Act".

Section II: The Amendment

1. Section 2 of the Criminal Justice Act of 2016 is amended as follows:

i. The following shall be crimes against Atlasia:
(a) Impersonation. This offense shall be defined as the impersonation of another Atlas Forum member, be they a citizen of the Republic of Atlasia or not, within the territory of the Republic of Atlasia.
(b) Identity Theft. This offence shall be defined as the illicit taking of control by any means of another Atlas Forum member's person account, be they a citizen of the republic or not, without explicit and provable consent.
(c) Voter Fraud. This offence shall be defined as the creation of identities other than a citizen's primary identity in the Republic of Atlasia and subsequently entering this identity into the tally of registered voters.
1. If a citizen no longer has access to their previous forum account and wishes to register with a new forum account in Atlasia, then they shall be allowed to do so legally only if they make it clear in the registration thread who they are and which forum account they previously registered under so that the Secretary of Federal Elections may appropriately update the registration without having any duplicate accounts on the voter roll.
2. This shall exclude those who have had their previous account banned from the Atlas Forum.
(d) Electoral Fraud. This offence shall be defined as the manipulation of of the republic's electoral procedures and practices with the aim of fraudulently altering the results of a specific electoral contest.
(e) Obscenity. This offence shall be defined as the posting of any threads, messages, images, videos, links or other media of a pornographic or sexually explicit nature on the territory of the Republic of Atlasia. In cases where the material posted is of a clearly pornographic nature, the offence shall be known as Gross Obscenity.
(f) Electoral Intimidation. This offence shall be defined as the placing of undue pressure on a citizen of the Republic to cast a ballot in a particular way, to not cast a ballot at all, or to invalidate a ballot already cast via direct threats of revenge, blackmail, or retribution. In those cases in which undue pressure has been applied in the form of credible threats to disclose personal information, the offence shall be known as Grievous Electoral Intimidation.

(g) Ballot Tampering. This offense shall be defined as the deletion of a ballot during a period between vote was closed and elected officeholders sworn-in, soliciting to delete a ballot during the same period or deleting a ballot within the election period after 20 minutes of the vote being cast and re-voting within the election period.
(h) Misconduct in Public Office. This offence shall be defined as the abuse of office for provable personal gain by cabinet officials or deputy cabinet officials.
(i) Perjury. This offence shall be defined as "any person who takes an oath before a competent tribunal or officer that he will testify, declare, depose, or certify truly, or that any written testimony, declaration, deposition, or certificate by him subscribed, is true, wilfully and contrary to such oath states or subscribes any material matter which he does not believe to be true."
(j) Breach of the Peace. This offence shall be defined as the wilful undertaking of activities that though not treasonous nevertheless undermine the stability and security of the Republic of Atlasia.
(k) Malicious Editing of the Wiki. This offence shall be defined as the editing of the Atlasia Wiki with malicious intent.
(l) Improper Behaviour on the Wiki. This offence shall be defined as the knowing violation or flagrant disregard of standards and guidelines for the Atlasia Wiki established by the National Archivist.
(m) Contempt of Court. See Section 5, clause iii of this Act.
(n) Terrorism. This offense shall be defined as the malacious deletion or destruction of threads housing government institutions, voting booths, or the legislation threads of any legislative body in Atlasia.
(o) Doxxing. This offense shall be defined as the disclosal of the personal information of any user of the Atlas Forum either obtained illegally or posted against their will by a citizen of Atlasia.
(p) Blackmail. This offense shall be defined as the threat to disclose personal information about a user of the Atlas Forum, for political or personal gain.

ii. In those cases in which a Crime Against Atlasia has been attempted unsuccessfully, it shall nevertheless be possible to charge a citizen with the offense that they unsuccessfully attempted to commit. In such cases the official record of the charge shall be prefaced with 'Attempted', but no other alterations to procedure shall be made. This applies to all Crimes Against Atlasia with the exception of Obscenity (including Gross Obscenity), Misconduct in Public Office, Perjury, and Contempt of Court.

iii. In those cases in which the perpetrator of a Crime Against Atlasia has been instructed, commissioned, mandated, or otherwise aided by other persons in the planning or execution of the offence in question, then those persons may also be charged with the offence that they conspired to commit. In such cases the record of the charge shall be prefaced with Conspiracy to Commit, but no other alterations to procedure shall be made. It shall not be necessary to charge an individual with a specific Crime Against Atlasia in order to charge other persons in this manner.

Section III: Implementation

1. This bill shall become effective immediatly after passage

2. No provisions of this amendment to the Criminal Justice Act of 2016 shall be applied retroactively.

People's Regional Senate
Passed 6-0 in the Atlasian Senate Assembled,

Sponsor:
House Designation: HB 21-04

[Pericles]

24 hours to object to the amendment.

[Pericles]

The amendment is adopted.

[P. Clodius Pulcher did nothing wrong]

Motion for a final vote

[fhtagn]

Objecting to the final vote motion

I have an amendment in the works I planned to introduce soon.

[Pericles]

Ok a vote on cloture has now started, lasting for 72 hours. If fhtagn does actually end up producing an amendment, razze is free to withdraw the motion.

[fhtagn]

Nay

[JGibson]

AYE

[Elcaspar]

Aye

[RC (a la Frémont)]

Nay, I'm curious as to what the amendment is

[thumb21]

Objecting to the final vote motion

I have an amendment in the works I planned to introduce soon.

What does the amendment plan to address?

[fhtagn]

Objecting to the final vote motion

I have an amendment in the works I planned to introduce soon.

What does the amendment plan to address?

Ensuring there is punishment in Atlasia for posting PMs that isn't just ToS violations on forum, and extending it to private convos in which the person posting has no access to, or one or more people in the posted convos did not consent to the post.

Technically might not go under blackmail or doxxing specifically, but is just as bad.

I've been working IRL every day this week and havent had the chance to finish the text but am off tomorrow.

Edit: This amendment would include reasonable exceptions in cases where the information is proof of someone committing a crime.

[YE]

Nay.

For my disagreements with her, fhtagn has been trustworthy when it comes to saying she'll introduce an amendment on X.

[At-Large Senator LouisvilleThunder]

Nay

[thumb21]

Objecting to the final vote motion

I have an amendment in the works I planned to introduce soon.

What does the amendment plan to address?

Ensuring there is punishment in Atlasia for posting PMs that isn't just ToS violations on forum, and extending it to private convos in which the person posting has no access to, or one or more people in the posted convos did not consent to the post.

Technically might not go under blackmail or doxxing specifically, but is just as bad.

I've been working IRL every day this week and havent had the chance to finish the text but am off tomorrow.

Edit: This amendment would include reasonable exceptions in cases where the information is proof of someone committing a crime.

Unless people are hacking accounts to gain access to servers, then the infomation is being gathered through someone who has been allowed to access the server by the mods. If a server wants to have a stronger security policy because they fear they are being breached, that is their responsibility, not the state's. The exception would be if personal information was being leaked, but this is already covered under doxxing and blackmail.

[thumb21]

Nay

[fhtagn]

Objecting to the final vote motion

I have an amendment in the works I planned to introduce soon.

What does the amendment plan to address?

Ensuring there is punishment in Atlasia for posting PMs that isn't just ToS violations on forum, and extending it to private convos in which the person posting has no access to, or one or more people in the posted convos did not consent to the post.

Technically might not go under blackmail or doxxing specifically, but is just as bad.

I've been working IRL every day this week and havent had the chance to finish the text but am off tomorrow.

Edit: This amendment would include reasonable exceptions in cases where the information is proof of someone committing a crime.

Unless people are hacking accounts to gain access to servers, then the infomation is being gathered through someone who has been allowed to access the server by the mods. If a server wants to have a stronger security policy because they fear they are being breached, that is their responsibility, not the state's. The exception would be if personal information was being leaked, but this is already covered under doxxing and blackmail.

No one has a right to access private conversations, and the amendment I have in the works simply puts existing ToS into Atlasian law and extends this to Discord and other messaging apps. 

Even IRL, there are legal consequences one may face for these actions. There's no reason the same shouldn't exist in game.

[thumb21]

Objecting to the final vote motion

I have an amendment in the works I planned to introduce soon.

What does the amendment plan to address?

Ensuring there is punishment in Atlasia for posting PMs that isn't just ToS violations on forum, and extending it to private convos in which the person posting has no access to, or one or more people in the posted convos did not consent to the post.

Technically might not go under blackmail or doxxing specifically, but is just as bad.

I've been working IRL every day this week and havent had the chance to finish the text but am off tomorrow.

Edit: This amendment would include reasonable exceptions in cases where the information is proof of someone committing a crime.

Unless people are hacking accounts to gain access to servers, then the infomation is being gathered through someone who has been allowed to access the server by the mods. If a server wants to have a stronger security policy because they fear they are being breached, that is their responsibility, not the state's. The exception would be if personal information was being leaked, but this is already covered under doxxing and blackmail.

No one has a right to access private conversations, and the amendment I have in the works simply puts existing ToS into Atlasian law and extends this to Discord and other messaging apps. 

Even IRL, there are legal consequences one may face for these actions. There's no reason the same shouldn't exist in game.

If officials are found to be saying horrific things in secret, this has an impact on how they will do their job and their constituents should know. I assume that this amendment won't make an exception there.

[fhtagn]

Objecting to the final vote motion

I have an amendment in the works I planned to introduce soon.

What does the amendment plan to address?

Ensuring there is punishment in Atlasia for posting PMs that isn't just ToS violations on forum, and extending it to private convos in which the person posting has no access to, or one or more people in the posted convos did not consent to the post.

Technically might not go under blackmail or doxxing specifically, but is just as bad.

I've been working IRL every day this week and havent had the chance to finish the text but am off tomorrow.

Edit: This amendment would include reasonable exceptions in cases where the information is proof of someone committing a crime.

Unless people are hacking accounts to gain access to servers, then the infomation is being gathered through someone who has been allowed to access the server by the mods. If a server wants to have a stronger security policy because they fear they are being breached, that is their responsibility, not the state's. The exception would be if personal information was being leaked, but this is already covered under doxxing and blackmail.

No one has a right to access private conversations, and the amendment I have in the works simply puts existing ToS into Atlasian law and extends this to Discord and other messaging apps. 

Even IRL, there are legal consequences one may face for these actions. There's no reason the same shouldn't exist in game.

If officials are found to be saying horrific things in secret, this has an impact on how they will do their job and their constituents should know. I assume that this amendment won't make an exception there.

There hasn't been any instances where that has been the case. However, there have been plenty of situations where things have been selectively cropped to intentionally make someone look bad, which has legal consequences IRL and should be reflected in game.