[
Please note: Both Associate Justice FALCONKATS and Eluvatar have had the opportunity over the last two or three weeks to review this opinion in its draft form. There having been no objection from them, it is now published as the response of the Court to the Request by Flemingovia.
Also, the attachments relates to the Forum Terms of Use, Terms of Service, and Board Rules will be separately reposted in the General Announcements area of the Forum for future reference by all forum users.]
The Court has received the following request for a ruling from Flemingovia, in his capacity as an Admin of the official forum:
I ask for a ruling from the justices of TNP, in respect of an administration decision.
The Bill of Rights is quite clear and specific. It offers protection to Nations of the North Pacific. This is even in the title: The Bill of Rights for all Nations
of The North Pacific
I refer to section 8 of the Bill of Rights for all nations of the North Pacific:
8. No Nation shall be ejected from the region, or banned from any forum, except as expressly authorized by this Constitution or the Legal Code. Should any official of a government authority of the region with authority to act, declare that the immediate ejection or banning of a Nation is an urgent matter of regional security, the ejected or banned Nation shall have prompt and immediate recourse to judicial review of the matter. The WA Delegate shall not exercise the power of ejection or banning unless expressly authorized by a specific action of a government authority of the region pursuant to this Constitution or to the Legal Code.
My question is this: What protection (if any) is offered by our law to nations which are not resident in TNP? Specifically, if I as Admin were to preemptively IP ban a player who has no nation in TNP, and presently no account on this forum, what would be the legality of my actions under TNP law?
There are two separate issues involved in this request.
First, what is the scope of the protection of The Bill of Rights for those Nations not resident in The North Pacific?
Second, in constitutional terms, what is the scope of authority for the administrators of the official regional forum?
The Bill of Rights, by its terms, protects those who are "resident" in The North Pacific. Not every nation present within TNP at Nationstates is a "resident," and not every "resident" is always within TNP.
Who is a "resident" in terms of TNP law? Primarily those Nations who choose to be here and be a part of the regional society; who conduct their in-game activity as a part of TNP, and who identify with TNP as their home region.
A Nation that is born (or created) in TNP does not automatically have residency. Residency requires both presence and some act consistent with that Nation’s intent to remain and become part of TNP (as opposed to any other region). Thus, acts such as voting or making a proposal in the World Assembly, making or seeking "endorsements" in-game with other Nations within TNP, or modifying their National profile at Nationstates.net while that Nation is within TNP are indications of that intent to be a "resident."[*]
A Nation that enters TNP as a representative or agent of some other region at Nationstates
does not become a "resident", because they lack that intention that is necessary for residency. Likewise, a Nation that departs TNP at Nationstates.net with the intention to return and resume residency and is acting for or at the request of TNP authorities retains their residency here, as that Nation has not abandoned its residency.
Absent some legislative action that leads to a broader view of residency, then, a Nation which has not been a "resident" of TNP is not protected under our Bill of Rights until and unless they become a "resident" here. The answer to the first question, therefore, is "None."
Turning to the second issue, that is, the authority of Admins, Global Mods, and mods within the official forums as compared to the authority of government officials, requires one to precisely state what that authority is. The Admin have primary responsibility for enforcement of the "terms of service," [1] the "terms of use," [2] and the supplemental forum rules [3] that govern the forums. The forum moderation team has primary authority to enforce that body of rules, while many government officials have a limited amount of authority as forum moderators to assist in their enforcement.
A forum administrator’s primary obligation is to protect the integrity of the designated official forums on behalf of the regional community. If the constitutional process so permit, the members of the forum administration team not otherwise holding a government office, may exercise a very limited form of government power within the Bill of Rights, the Constitution, and the Legal Code, and subject to the protections and limitations provided by the three central documents of TNP law.
Thus, in response to this question:
Specifically, if I as Admin were to preemptively IP ban a player who has no nation in TNP, and presently no account on this forum, what would be the legality of my actions under TNP law?
the answer depends on whether the grounds for such an action are based upon a perceived threat of violation of the body of forum rules, or a threat of violation of TNP law. If it is the former, then the Admin is acting within the Admin’s proper authority to protect the forums; if it is the latter, then the Admin should secure from an appropriate government official approval under paragraphs 8, 9, and 11 of the Bill of Rights [4] before imposing such a ban from the forums. Inasmuch as there are distinct review processes for these decisions under the Constitution and Bill of Rights as to government decisions, and by the moderation review process put in place by the forum moderation team for the team’s non-governmental decisions, the requirements of due process are met so long as the review processes are followed in good faith. Thus, where the reason for the imposition of an IP ban is based on protecting the integrity of the forums, then the Admin is exercising their core responsibility to the forums and the community. If the IP ban is to further any other governmental policy or purpose, approval by the appropriate "governmental authorities of the region" under paragraphs 8 and 11 of the Bill of Rights is required.
Notes
[*] To be clear, this phrasing is intended to exclude the out-of-region solicitors posting on the RMB at Nationstates.net from being defined as a resident, as well as those who come to the regional forums and join as representatives of any other region.
[1] – See
http://www.zetaboards.com/tos/
[2] – See
http://www.zetaboards.com/tou/
[3] – According to the content of the "Board Rules" currently posted within the forums’ Administator Control Panel, the content of the Board Rules are as follows:
HTML:
<p>Welcome to The North Pacific! We hope you will enjoy your time spent in our region, the largest in NationStates!
<p>While posting here, please make sure you adhere to InvisionFree's Terms of Service. Yes, we all know that nobody actually reads the TOS when you register, regardless of the fact they make you check that little box. But what they want you to do as a forum user is to not post anything profane or illegal. If you've got any questions about what that may entail, check out the Terms of Service by clicking the link at the bottom of the screen, or send a PM to an Administrator (anyone whose name appears in blue on the member list). We'll be happy to answer your questions.
<p>So again, have fun, and thanks for coming to The North Pacific!
<p><b><i> - The North Pacific Administration Team</b></i>
<p><b>Appendix 1: Warning System</b>
<p>When a violation of TOS or other forum rules occurs, a warning may be issued to a member's account. Warnings are set in 20% intervals, and each comes with a pre-determined sentence. Warnings issued will not be removed except by majority vote of the moderation team, or in special circumstances in which case administration reserves the right to change warning levels as needed.
Moderation levels:
20% warning - 5 hour mod preview
40% - 1 day mod preview
60% - 5 hour post suspension, 3 day mod preview
80% - 3 day post suspension, 1 week mod preview
100% - 1 week post suspension, indefinite mod preview
And should, after 100%, TOS or forum rules violations continue, an IP ban will be enforced.
<i>Definitions:
Mod Preview: A mod must review posts before they are publically viewable
Post Suspension: The member cannot post, but can still use other forum services and read topics.
IP Ban: Prevents a single computer or internet connection from accessing the forum. Other ban methods may be used if a single IP proves ineffective.</i>
<p><b>Appendix 2: Signature Image Restrictions</b>
<p>In an effort to ensure that all members can access this forum easily, large images will no longer be allowed in signatures. Large images greatly slow the amount of time it takes for a page to load over a slow connection, and repeated attempts to load such a page may cause further problems. Therefore, we require that images in signatures be no longer than this box:
<a href="http://i2.ifrm.com/5256/179/upload/p500614.jpg"><img src="http://i2.ifrm.com/5256/179/upload/p500614.jpg" alt="Maximum Size of Images in Sigs. Click box to view image."></a>
<p>...and that signatures containing images be no larger than this box:
<a href="http://i2.ifrm.com/5256/179/upload/p876640.jpg"><img src="http://i2.ifrm.com/5256/179/upload/p876640.jpg" alt="Maximum Size of Signatures Containing Images. Click box to view image."></a>
<b>Appendix 3: Personal Messages</b>
In order to respect the privacy of our members, the moderation team has agreed on the following guideline:
"You may not post personal messages in a public area of the forum without the author's permission.
Members of the government, Administrators, and Moderators may post PMs (without prior permission) in secure areas of the forum in order to perform the duties of their office, for matters of regional security, or for moderation evidence."
If a PM is posted and the original author objects to a moderator, the PM will be removed from the post, unless it clearly falls within the exceptions listed. If you believe you are being harassed by the PM system, please forward the PM in question to a moderator and the issue will be dealt with. Thank you.
[4] The Bill of Rights provide:
The Bill of Rights for all Nations of The North Pacific
1. All Nations of The North Pacific are sovereign. Each Nation has the right of self-determination in that Nation's domestic policies, including, but not limited to, issue selection and WA membership.
2. Each Nation's rights to free speech, free press, and the free expression of religion shall not be infringed, and shall be encouraged, by the governmental authorities of the region. Each Nation has the right to assemble, and to petition the governmental authorities of the region, including the WA Delegate, for the redress of grievances. The governmental authorities of the region shall act only in the best interests of the Region, as permitted and limited under this Constitution.
3. Participation in the governmental authorities of the region is voluntary. Participation in the World Assembly shall not be a condition of participation in the governmental authorities of the region.
4. No Nation of The North Pacific holding WA member status in NationStates shall be obligated to endorse any official of a government authority of the region. The right to add an endorsement or withdraw an endorsement is a sovereign right of that Nation as a WA member.
5. All Nations of The North Pacific have the right to be protected against the abuse of powers by any official of a government authority of the region. Any Nation of The North Pacific has the right to request the recall of any official of a government authority of the region in accordance with this Constitution, that is deemed to have participated in such acts.
6. No Nation shall be held to answer for a crime in a manner not prescribed by this Constitution or the Legal Code. No Nation shall be subjected to being twice put in jeopardy for the same offense. No Nation shall ever be compelled in any criminal case to be a witness against itself.
7. When charged with criminal acts, Nations of The North Pacific shall have a fair, impartial, and public trial before a neutral and impartial judicial officer. In any criminal proceeding, a Nation is presumed innocent unless guilt is proven to the fact finder by reasonably certain evidence. A Nation may be represented by any counsel of the Nation's choosing. No Nation convicted of a crime shall be subject to a punishment disproportionate to that crime.
8. No Nation shall be ejected from the region, or banned from any forum, except as expressly authorized by this Constitution or the Legal Code. Should any official of a government authority of the region with authority to act, declare that the immediate ejection or banning of a Nation is an urgent matter of regional security, the ejected or banned Nation shall have prompt and immediate recourse to judicial review of the matter. The WA Delegate shall not exercise the power of ejection or banning unless expressly authorized by a specific action of a government authority of the region pursuant to this Constitution or to the Legal Code.
9. Each Nation in The North Pacific is guaranteed the organization and operation of the governmental authorities of the region on fundamental principles of democracy, accountability, and transparency. No action by the governmental authorities of the region shall deny to any Nation of The North Pacific, due process of law, including prior notice and the opportunity to be heard, nor deny to any Nation of The North Pacific the equal and fair treatment and protection of the provisions of this Constitution. No governmental authority shall have power to adopt or impose an ex post facto law or a bill of attainder as to any act for purposes of criminal proceedings.
10. Each Nation entitled to a vote in any manner under the fundamental laws of the region is entitled to the equal treatment and protection of that Nation's right to vote.
11. No governmental authority of the region has the power to suspend or disregard this Constitution or the Legal Code In the event of an actual emergency, the governmental authorities of the region, with the express consent of the Nations of the region or their representatives, is authorized to act in any reasonable manner that is consistent as practicable with the pertinent provisions of this Constitution.
