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Criminal Complaint (charge someone with a crime under the Criminal Code) [1915] New Haudenosaunee Confederacy v. Local Council
#1

https://www.nationstates.net/page=rmb/postid=34879078
The LC has banned me from the region. However, the Charter guarantees that I have right to due process, which I did not get.
Charter Wrote:(3) No member, who had joined the region in good faith, may be banned or ejected from the in-game region without the due process of law.
Because this was a majority of the LC, it is unclear who specifically asked for this, though (so I actually don't really know who I'm complaining against, as funny as it may sound). It is obvious that I have joined the region in good faith as well, as I came for the RMB and became a part of the TSP community and a part of the government. Therefore, I believe this ban is illegal.

EDIT: I should probably also note that I don't think this is PS2's fault, as the law did require him to.
EDIT: Is this more on an appeal? idk lol
how am i even still a legislator at this point...?
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#2

Your honors, 

In light of the many burdensome game side cases brought to the High Court, I strongly urge that you do not entertain the criminal complaint of the complainant.
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  • Lily Pad, Volaworand
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#3

Actually, that law’s in debate right now isn’t it?
http://tspforums.xyz/thread-6937.html

And seeing as you continued to, by Vola’s Words “troll” even after reported warnings, the case seems.

I don’t know

Still, if the LC can ban anyone for trivial things like hiding numbers in their post then I think that’s undermining our democracy just a bit.
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#4

While this filing a criminal complaint against a part of government carrying out the job it mandated to under our Charter is clearly a waste of the courts time, I will provide the Court with the following context on how this player managed to be banned for 5 days.

Spam games are not allowed on the RMB.  This is not a new policy and has been the very first rule in every Local Council's RMB guidelines since the banned nation in question joined the region after leaving and then being banned from The North Pacific, which is how this nation came to join The South Pacific over a year ago.  Despite this very common knowledge, the banned nation chose to start a spam game in the RMB and received numerous warnings both informal and formal but choose to continue his spam game, 

https://www.nationstates.net/page=rmb/postid=34873033
new_haudenosaunee_confederacy;34873033 Wrote:If we count, then is that considered as spam? We need a higher rate of posts.If not, then...
1

I suppressed this message and the additional player of the spam game.
https://www.nationstates.net/page=rmb/postid=34873105

The banned nation in question continued the spam game.
https://www.nationstates.net/page=rmb/postid=34873116
new_haudenosaunee_confederacy;34873116 Wrote:3btw, after this is π, right? lol
We should have some sort of dialogue in these posts if we're actually gonna do this.

Eventually the banned nation was kind enough to use BOLD to highlight his spam game posts so I only had to scan the post, see the bolded numbers and click suppress.

As the banned player in question continued to spam the RMB I provided numerous warnings:
https://www.nationstates.net/page=rmb/postid=34873123
https://www.nationstates.net/page=rmb/postid=34873140
https://www.nationstates.net/page=rmb/postid=34873168
https://www.nationstates.net/page=rmb/postid=34873243

Other RMB members, including our Minister of Regional Affairs advised this banned nation to stop.
https://www.nationstates.net/page=rmb/postid=34873432
https://www.nationstates.net/page=rmb/postid=34873628

On the Discord application, I contacted CRS member Farengento and requested a Border Control action in the form of 5 day ban be enforced on this player.

Since this banned nation had ignored all previous warning I continued to suppress the spam game posts.  When other RMB users asked what was going on I explained the application of the policy.  For example here:
https://www.nationstates.net/page=rmb/postid=34873593

When I went to bed, the banned nation continued to play the spam game. 
Our Minister of Regional Affairs suppressed the posts in line with the guidelines and continued to advise him he was violating the policy.
https://www.nationstates.net/page=rmb/postid=34873866
https://www.nationstates.net/page=rmb/postid=34873965

The next morning when I logged in I reviewed the posts.
I suppressed a clearly intentional double post 
https://www.nationstates.net/page=rmb/postid=34874134
new_haudenosaunee_confederacy;34874134 Wrote:I'll be going to sleep now.
If Beepee can double post, then so can I.
and another double post by another player here
https://www.nationstates.net/page=rmb/postid=34874197
And a few more of the spam game post from the night before.

Eventually I figured it was over, so I just jumped to the current RMB and began the day.

When I opened Discord I noticed Additional complaints from this banned nation there, and I advised the banned nation in question to follow the process outlined in the RMB guideline to appeal a suppression by Telegramming any LC member to request a review.

I note the Delegate also clearly advised the banned nation in question that they were out of line, along with a number of other players.

On the RMB the banned nation in question picked up the spam game of inserting number into post text.  
https://www.nationstates.net/page=rmb/postid=34878905
new_haudenosaunee_confederacy;34878905 Wrote:How hav3 you been recently, feels like I haven't seen you in a while. 8ecause reasons, I've been subtly counting in my posts.

I felt this was trolling or attempting to bait a response and showed a clear and ongoing intent to continue to renew his campaign to disregard the RMB guidelines, similar to the last incidence of this type of behavior as was provided to the Court previously.
http://tspforums.xyz/thread-6942-post-18...#pid183440

Rather than provide the banned nation in question the moderation attention they so clearly craved and since I had already contacted the CRS on this behaviour I went back to Discord, contacted the then online CRS member Pencil Sharpeners and asked if there was any further information required to enforce the ban.  He advised that such a request had to come from the delegate or a majority of the LC, since the banned nation in question was not a low influence nation.

I contacted LC Auphelia on Discord and asked her to send a concurrence to CRS member Pencil Sharpeners.  She made the request, and The CRS carried out the request by expelling this nation.

Suppressing Spam and ejecting spammers is not subject to trials beforehand.  It requires:
a) a standard moderation policy,
b) fair application of such policy,
c) warnings to cease the offending behavior and provision of the guidelines,
d) followed by the legal application of Border Control actions.

I would point out to the court that a 5 day ban for spamming is more than fair, does not cause the nation in question to lose their legislator status, or participate in TSP's offsite forums or TSP's Discord area's.  It is intended as a time out to allow this banned nation time to reflect on their behavior and return to the region understanding that they have the same expectations to follow the RMB guidelines as any other nation.  This is a courtesy to the banned nation in question.  Other players that spam the RMB are removed for the region without an end date.

I point to the following three other ejections carried out this week: and note that these ejections were completed without an end date.

Since there are no criminal actions here, I request that the Court dismiss this frivolous Criminal Complaint.

I will make no further comment on this moderation matter unless requested by the Court.

EDIT:  spelling error corrected

Legislator | Local Councilor | Aspiring TSP Curmudgeon
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#5

Quote:Other players that spam the RMB are removed for the region without an end date.
You completely fail to explain what your problem with it actually is, and, to me, it feels like you're literally just trolling (especially with you playing "Ding Dong The Witch Is Dead" in the Discord). I've done it in TEP multiple times now and nobody actually thinks it's an issue, perhaps because it's not and really shouldn't be. The first 2 posts by me were pure jokes, but the ones following were not meaningless or unnecessary, as they contributed to RMB discussion, and they were quite obviously not repetitive (using the definition of spam in the RMB etiquette dispatch).
Quote:Since there are no criminal actions here, I request that the Court dismiss this frivolous Criminal Complaint.
It is not frivolous. I, over a year ago, joined this region to be a part of the community (with good faith), and still continue to hold these values. Therefore, the Charter gives me the right to due process which was not given to me.
how am i even still a legislator at this point...?
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#6


High Court of the South Pacific
Notice of Reception | 1915.NR


This submission has been received and has been assigned the following naming information:

Docket File Number: 1915

Reference Name: New Haudenosaunee Confederacy v. Local Council

Charge: Undetermined

The submitted and interested third parties are invited to explain the necessity of a ruling in this matter while the Court considers its justiciability. Brief Amicus Curiae on the eventual preferred outcome of this case are not required at this time.
Former Delegate of the South Pacific
Posts outside High Court venues should be taken as those of any other legislator.
I do not participate in the regional server, but I am happy to talk through instant messaging or on the forum.

Legal Resources:
THE MATT-DUCK Law Archive | Mavenu Diplomatic Archive | Rules of the High Court | Case Submission System | Online Rulings Consultation System
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#7

The Court would like to ask if you would prefer to clarify the question, charge or appeal being filed, or if you would prefer to withdraw the submission.
Former Delegate of the South Pacific
Posts outside High Court venues should be taken as those of any other legislator.
I do not participate in the regional server, but I am happy to talk through instant messaging or on the forum.

Legal Resources:
THE MATT-DUCK Law Archive | Mavenu Diplomatic Archive | Rules of the High Court | Case Submission System | Online Rulings Consultation System
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#8

[Image: BYEo2lg.png]

Determination of Justiciability
New Haudenosaunee Confederacy v. Local Council | 1915.DJ

Whereas New Haudenosaunee Confederacy has requested this Court that a review be conducted on certain issues related to the interpretation of the law, but did not provide a clear question to be addressed.

Whereas this Court has conducted a careful review of the merits of such a request on the basis of its legal necessity and potential to impact present and future policies.

It is resolved with respect to these Legal Questions as follows:
  1. It is not deemed justiciable.
  2. The Court may provide an opinion on its reasons for issuing this determination, at the request of any party with standing, no later than seven days following the publication of this Determination.
It is so ordered.

Kris Kringle
Chief Justice
Former Delegate of the South Pacific
Posts outside High Court venues should be taken as those of any other legislator.
I do not participate in the regional server, but I am happy to talk through instant messaging or on the forum.

Legal Resources:
THE MATT-DUCK Law Archive | Mavenu Diplomatic Archive | Rules of the High Court | Case Submission System | Online Rulings Consultation System
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