[R4R] Appeal My Ban

Darth Hex

Darth Hex

Registered
1. What law, government policy, or action (taken by a government official) do you request that the Court review? Section 1.4. Crashing, Phishing, or Spamming
I never attend to spam I was having fun with one of the members with putting a letter and * for the rest ha he was guessing the word
2. What portions of the Constitution, Bill of Rights, Legal Code, or other legal document do you believe has been violated by the above? How so?
Section 3.3: Criminal Trial Procedure
I was just banned without a reason
3. Are there any prior rulings of the Court that support your request for review? Which ones, and how?
No am new so I don't really know of any

4. Please establish your standing by detailing how you, personally, have been adversely affected. If you are requesting a review of governmental action, you must include how any rights or freedoms of yours have been violated. If you are submitting this request in your capacity as the Attorney General or their designee, please note that here instead.
First, there was no review like it states in the bill of rights "Any ejected or banned nation is entitled to prompt judicial review of the matter". I was just banned without a reason and no one told me to stop and plus I was new so didn't really know all the rules yet.
5. Do you have any further information you wish to submit to the Court with your request?
So about the recruitment stuff I was never Recruiting for myself I was doing it for a friend and I was told not to but I told them to make a new nation then join that region. I was told not to so I stopped and apologized. About the whole spamming and flaming stuff am sorry for that a couple of people on message board were being annoying and I didn't think I could put bad words on there so did a letter and put * to fill out the rest of the word but it got fun when one of your members was guessing what I said so it became like a game to me I was never told to stop and if someone did that then I would've stopped and plus I didn't say anything after that. It was all out of fun and games. ANd the whole allied of confederate states stuff I'm sorry that was mad at them so I wanted to talk trash. I'm sorry about that. I was never trying to cause problems I just wanna have fun and I should've have respected this region and its great members so please an you give me a second chance
 
I accept this request for review into the ejection and ban of the petitioner nation, Rome Reich.

I provisionally set the period for submitting briefs as five days, however, having regard to the fact that we rapidly approach the height of the festive season, I will consider requests to extend that period.

I make it known, in particular, that the Court is minded to request briefs on this matter from the Attorney General and from the official responsible for the challenged action, with particular reference to those subjects identified by the petitioner in parts 4 and 5 of their request, and would be grateful to those officials for assisting the Court in its consideration of this matter.
 
The banning of Rome Reich was about his recruiting, flaming, trolling and inappropriate behavior, not spamming. So, to make things clear by those points:

1- As I stated before spamming wasn't the reason for the ban, but:
A) Recruiting:
https://www.nationstates.net/page=rmb/postid=37151396
And I want to point out the content of that post because, as he said in point 5, "So about the recruitment stuff I was never Recruiting for myself I was doing it for a friend".
B) Inappropriate behavior:
https://www.nationstates.net/page=rmb/postid=37151668
https://www.nationstates.net/page=rmb/postid=37151860
https://www.nationstates.net/page=rmb/postid=37151863
C) Flaming:
https://www.nationstates.net/page=rmb/postid=37151474
https://www.nationstates.net/page=rmb/postid=37151860
And the arguing between him and Umbrella Corn.
D) Trolling, as you may notice by some of his posts.
2- The reasons are being stated above.
4- Same as above. The fact nobody told him to stop doesn't mean he had to continue, and even so I would have doubt he would have stopped. To sustain my claim there's the episode on the Discord Agorà, appened 5 days ago, when the user known as CUU (Rome Reich) was told to change flag because of it's nazi symbolism, yet he ignored the warnings until the last moment, but he eventually got banned. Also I would like to point out his statement about "I was new so I didn't know the rules". That's not true because I've personally show him the dispatch containing all he needed to know about being in TNP (https://www.nationstates.net/page=rmb/postid=37148305), he had all the possibilities to read the rules and the guidelines.
5- It doesn't really matters for who was recruiting, the rule is clear and, as stated above, he had all to possibilities to read it. Also i would like to point his statement "About the whole spamming and flaming stuff am sorry for that a couple of people on message board were being annoying and I didn't think I could put bad words on there so did a letter and put * to fill out the rest of the word but it got fun when one of your members was guessing what I said so it became like a game to me " clearly in contrast with his previous statement in point 1 where he claimed ""I never attend to spam I was having fun with one of the members with putting a letter and * for the rest ha he was guessing the word"

On a side note I would like to apologize for any grammatical error that occurred in this post.
 
JKmyTi0.png

Your Honors,

As Attorney General of the North Pacific I submit this brief on the request for review for your consideration in this case.

I begin this brief by drawing attention, as requested by the justice, to section four of the review request. Section 8 of the bill of rights states:

The regional power of ejection and banning may not be granted or exercised, nor forum bans imposed, unless expressly authorized pursuant to the Constitution or the Legal Code. Any ejected or banned nation is entitled to prompt judicial review of the matter.
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I would also like to provide the dictionary definition of the word entitled, as quoted in the Merriam-Webster English Dictionary on December 20, 2019.

Entitled

en·ti·tled | \ in-ˈtī-tᵊld, en- \

1: having a right to certain benefits or privileges
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As far as the Attorney General’s office is concerned, the request for judicial review of the banning was not denied by the court, meaning the entitlement has been met.

Regarding section five of the review request, there is no corroborative evidence to prove that in fact, Rome Reich was promoting a friend’s region, and in the RMB posts provided by Nessuno, Rome Reich uses possessive words “my” numerous times in reference to the region.

Regarding the rest of section five, rules for TNP’s services were apparently made known by Nessuno to RR before, and basic etiquette was not respected. In addition, the link to the handbook for newcomers and the RMB guidelines are clearly posted on TNP’s regional page on NS.

We would like to bring to attention to the court the following excerpt from TNP’s legal code:
Section 1.6.21

Recruitment for other regions on the Regional Message board may be regulated or prohibited by Delegate Decree.
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As well as the following excerpt from the RMB guidelines: Link: https://www.nationstates.net/page=dispatch/id=1167538

  • Do not spam, flame, or harass other players on the RMB.
  • Keep all posts PG-13.
  • Recruitment posts are prohibited.
  • Failure to adhere to these guidelines may result in the suppression of posts without warning
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In addition, we would like to mention that in the banned nations thread (link: https://forum.thenorthpacific.org/topic/634763/page-13#post-10293630), it mentions that the banning was done because of “recruitment, flaming, trolling and inappropriate behavior.” The request for review that was submitted was for Section 1.4 of the legal code, which covers “Crashing, Phishing, or Spamming.”

We hope the court will take into consideration the information provided herein.

Sincerely,
Goyanes
Attorney General
 
Nessuno:
The banning of Rome Reich was about his recruiting, flaming, trolling and inappropriate behavior, not spamming. So, to make things clear by those points:

1- As I stated before spamming wasn't the reason for the ban, but:
A) Recruiting:
https://www.nationstates.net/page=rmb/postid=37151396
And I want to point out the content of that post because, as he said in point 5, "So about the recruitment stuff I was never Recruiting for myself I was doing it for a friend".
B) Inappropriate behavior:
https://www.nationstates.net/page=rmb/postid=37151668
https://www.nationstates.net/page=rmb/postid=37151860
https://www.nationstates.net/page=rmb/postid=37151863
C) Flaming:
https://www.nationstates.net/page=rmb/postid=37151474
https://www.nationstates.net/page=rmb/postid=37151860
And the arguing between him and Umbrella Corn.
D) Trolling, as you may notice by some of his posts.
2- The reasons are being stated above.
4- Same as above. The fact nobody told him to stop doesn't mean he had to continue, and even so I would have doubt he would have stopped. To sustain my claim there's the episode on the Discord Agorà, appened 5 days ago, when the user known as CUU (Rome Reich) was told to change flag because of it's nazi symbolism, yet he ignored the warnings until the last moment, but he eventually got banned. Also I would like to point out his statement about "I was new so I didn't know the rules". That's not true because I've personally show him the dispatch containing all he needed to know about being in TNP (https://www.nationstates.net/page=rmb/postid=37148305), he had all the possibilities to read the rules and the guidelines.
5- It doesn't really matters for who was recruiting, the rule is clear and, as stated above, he had all to possibilities to read it. Also i would like to point his statement "About the whole spamming and flaming stuff am sorry for that a couple of people on message board were being annoying and I didn't think I could put bad words on there so did a letter and put * to fill out the rest of the word but it got fun when one of your members was guessing what I said so it became like a game to me " clearly in contrast with his previous statement in point 1 where he claimed ""I never attend to spam I was having fun with one of the members with putting a letter and * for the rest ha he was guessing the word"

On a side note I would like to apologize for any grammatical error that occurred in this post.
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For one before I was banned no one ever said anything about my flag and I didnt know that it was nazi symbolism I was trying avoid any nazi symbols so sorry for that I was trying to be reperstaned as nazi or anything close nazisism even thou I use the word reich in my nations name I am not trying to be a nazi.I was never arguing with Umbrella corn was arguing with someone else was I was just defending him because Umbrella corn and others were arguing with the other user.Also am not really that active so this spamming or trolling you doubt would have stopped would have stopped so that's pointless
 
I submit the following brief for the court's consideration in the above-entitled matter.

Prior court rulings establish the supremacy of the Nation-States rules and terms of service above all laws of TNP.

The court established in Request for Review: Suppression of speech that the terms of service and rules established by the site "Nation-states" and consented to by all players who establish an account on said website, supersede any rules and laws established by the regional government of The North Pacific. Although the courts ruling is in part mocking, the court states

Nationstates is a game with rules. Some of those are the game rules, some of them are the rules of the various hosting sites etc that we play the game on, and some of them are house rules that we invent ourselves
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The court's ruling is reasonable in this part. Violating the rules of Nation States can result in real-world punishments; from suppression of a post, deletion of a nation, IP banning, to in some extreme cases, police involvement. No rule, law, or right made by the region can force Nation States to act in contradiction of their self established rules. As presented by Nessie, the petitioner posted several offensive and flame bating post against another member of the region.

B) Inappropriate behavior:
https://www.nationstates.net/page=rmb/postid=37151668
https://www.nationstates.net/page=rmb/postid=37151860
https://www.nationstates.net/page=rmb/postid=37151863
C) Flaming:
https://www.nationstates.net/page=rmb/postid=37151474
https://www.nationstates.net/page=rmb/postid=37151860

Which breaks the following rules.
Located Here

Offensive Material: As mentioned previously, we use the US movie rating "PG-13" standard. Mild swearing may be tolerated, mild sexuality may be hinted, but explicit or excessive versions of either or both will result in moderation intervention.

Flame/Threats: Personal attacks against other players, expressed via OOC (out-of-character) comments; insults, swearing and anything posted with intent to offend. In-character remarks can be interpreted this way as well; watch what you post if other posters are unaware you're not serious. Erudite slams while maintaining a veneer of politeness can also be considered flaming. Repeated instances of flaming directed at the same player can be considered harassment, a more serious offense.

Flamebaiting: Posts that are made with the aim of angering someone indirectly. Not outright flame, but still liable to bring angry replies. Flame baiting is a far more subtle and covert action; it is an underhanded tactic that is designed to provoke a response from another player. It's in the same context of trolling but with flamebaiting it's just the one person. Also included under flamebaiting is malicious quote editing, changing the contents of a quoted post without showing the original text, either through color changes or strike-out.

It was pointed out that the court ruling in the cited case was overturned, however, the underlining principle is sound.

TNP laws establish limits to Free Speech.

The North Pacific Legal code establishes limits to free speech when such speech is used to harm the region or others.

Section 1.1: Treason
2. "Treason" is defined as taking arms or providing material support to a group or region for the purpose of undermining or overthrowing the lawful government of The North Pacific or any of its treatied allies as governed by the Constitution.
...

Section 1.2: Espionage
6. "Espionage" is defined as sharing information with a group or region when that act of sharing has not been legitimately sanctioned by the entity the information is gathered from, as limited by this section.
7. The information shared must not be accessible to a person who is not a member of the region or group it is gathered from except by cracking technical security measures.
8. The information must be gathered from The North Pacific or a foreign power the Regional Assembly has ratified a treaty of alliance with.
9. The preceding clause also applies to foreign powers that the Regional Assembly has, by treaties other than alliances, agreed to prohibit espionage against.
....

Section 1.3: Fraud
11. "Election fraud" is defined as the willful deception of residents with regards to the candidates running, the time and venue of the elections, or the requirements and methods by which one may be eligible to vote or run for office.
12. "Fraud" is defined as an intentional deception, by falsehood or omission, made for some benefit or to damage another individual.

Section 1.4. Crashing, Phishing, or Spamming
...
14. "Phishing" is defined as any attempts to gain access to off-site property controls or passwords by deception, especially by posing as administrators or moderators for any unauthorized use.
15. Phishing also includes the collection of personal information kept at the Forum.
16. "Spamming" is defined as any action by non-region nationals to waste space or cause shock on any off-site property or regional message board to make it unusable.
...

Section 1.6. Adspam
21. Recruitment for other regions on the Regional Message board may be regulated or prohibited by Delegate Decree.

Section 1.7. Conspiracy
22. "Conspiracy" is defined as planning, attempting, or helping to commit any crime under this criminal code.

Each of the above crimes requires the participant to communicate with other individuals, thus using their right to free speech. The crimes listed establishes the region can restrict free speech when the act of using such a right direct and measurable harms the region or those residing within.

The North Pacific has provided evidence that the petitioner violated the legal code and committed the offense of Adspam. It has been the traditional practice of the region to handle such crime with a summary ejection of the nation conducting such behavior.

Recruitment Post

In the petitioner acknowledges that he attempted to recruit on the North Pacific Regional message board in his filing.

So about the recruitment stuff I was never Recruiting for myself I was doing it for a friend and I was told not to but I told them to make a new nation then join that region. I was told not to so I stopped and apologized.
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Nessie acted in compliance of NationStates Terms of Service and Rules when removing the post in question.

Nation-States terms of service and rules, as previously established in this brief, set out a series of rules that all participants must adhere to. The Nation-State moderation team is a small one, that relies on each region to moderate its regional message boards in accordance to the rules of the game, in addition to the rules that each region may create. This allows for the moderation team to focus resources on issues that require their immediate attention and stops them from having to babysit each regional message board within the game. Nessie's action in this matter was an enforcement of the rules of Nation-States and the region as a whole. Nessie's actions were reasonable in light of the petitioner's post and in line with other such actions the regional message board moderation team has performed in similar situations. Nessie violated no laws of the region, did not target the petitioner for personal reasons and did not subject the petitioner to punishment outside of the norm.


For the above reasons, the petitioner is not entitled to relief in this matter.

The petitioner fails to establish a claim upon which relief may be granted. By his own admission, he violated the rules of Nation-States conduct and the laws of the region. The petitioner fails to show that the actions of Nessie were against the rules and laws of the region, that he was punished in a manner outside the law, or that the ban was unwarranted. For the reasons above, the petitioner should not be granted relief in this matter by the courts. The matter should remain within the oversight of the Delegate's government. The Delegate may establish further conditions for the petitioner to rejoin the region at a later time if the Delegate so wish.
 
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