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***Roavin*** · 01-17-2019, 05:11 AM

This thread is related to our current Regional Security Reform, and the new CSI Act shall be drafted here.

***Roavin*** · 02-17-2019, 01:53 PM

I'll present here for discussion the old Security Powers Act, which we had repealed for various reasons (some good, some ill-informed). It describes a rough process, which some have considered overbearing. The original debate thread for that was here. There's some good and valuable discussion there, though it shoudl be noted that the SPA at the time was passed with an actual controversial case breathing down the region's neck.

Is there something in the old SPA that we want to salvage and/or reuse going forward?

(This post was last modified: 02-17-2019, 01:53 PM by Roavin.)

***Roavin*** · 03-02-2019, 01:40 PM

Furthermore, this act would contain relevant portions from the prior LegComm Act.

Volunteers to have a stab at drafting, or will I have the dubious honor? Tounge

Midand · 03-02-2019, 11:34 PM

(03-02-2019, 01:40 PM)Roavin Wrote: Furthermore, this act would contain relevant portions from the prior LegComm Act.

Volunteers to have a stab at drafting, or will I have the dubious honor?

Well go right ahead.
_{^{as if i ever drafted a proposal before}}

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Legislator in the Assembly of the South Pacific.
Member of the Island Democratic Party.
Former Local Councillor in the South Pacific.

***Roavin*** · 04-04-2019, 02:41 PM

The old (failed) judicial reform working group from 2017 also included some of these reforms as ideas, and this act was drafted for it. It was written by Glen and edited by me at the time, and I present it here for discussion and reference.

Obviously we can't take this as-is, but surely we can grab some of the ideas from here (and it's why I salvaged it)

Quote:Council on Security and Intelligence Act
An act to establish a council of trusted and experienced protectors of the region

1. Scope

(1) The Council on Security and Intelligence (CSI) is a commission of members with experience in the field of security and intelligence in NationStates. The CSI has a broad mandate to ensure the security of the region and forums, and to coordinate the response to breaches of security.

2. Membership

(1) The CSI comprises a forum administrator ex officio, as well as any number of permanent free members.

(2) The minimum qualifications for being a member of the CSI are being an active legislator with a tenure of at least one year, and extensive experience in either security or intelligence operations.

(3) An individual may apply to become a candidate for membership in the CSI by either
a. sending an application to the CSI detailing why they are well suited to protect regional security, or
b. being nominated jointly by the Delegate and Prime Minister.

(4) A candidate for membership in the CSI will be nominated for approval by the assembly after being reviewed by the CSI, during which the CSI may interview or investigate the candidate, and being approved by a simple majority of sitting CSI members.

3. Investigations

(1) The CSI has the power to investigate and compel testimony for any activity harming security, as outlined in the Criminal Code.

(2) In compelling testimony, the CSI may utilize its security powers against any person who refuses to cooperate with an ongoing investigation after a reasonable time frame.

4. Security Powers

(1) The CSI may utilize as security powers:
a. forum suspensions
b. in-game ejections or banjections
c. unilateral stripping of legislator status

(2) In order to administer its security powers, the CSI is permitted to order the forum administration to peform forum suspensions, and to order the Defence Council to perform in-game ejections or bans.

(3) The CSI has the power to take emergency actions, which may go beyond regular security powers, either on the forum or the in-game community, if there is a time-sensitive serious security threat to the region. After taking these actions, the CSI must brief the Cabinet. The CSI must also conduct an investigation under normal order following any emergency action, and reverse any emergency actions taken if doing so would not seriously endanger security.

(4) The CSI has the power to conduct intelligence operations. It shall designate an individual as Intelligence Coordinator, who must be notified of and approve all intelligence and counter-intelligence operations. The Intelligence Coordinator will be responsible for disseminating intelligence as proper and necessary. The Intelligence Coordinator will maintain a regional intelligence classification system, as necessary for the ensuring information security.

(5) In general, the CSI is empowered to take preemptive actions against foreign individuals as they deem necessary and proper to protect the region and forums.

(This post was last modified: 04-04-2019, 02:41 PM by Roavin.)

Bzerneleg · 04-04-2019, 11:27 PM

What do you mean by "permanent free members" in Section 1, Article 2?

I would say when the CSI strips legislator status from any Legislator, they should inform the Chair of the Assembly of their action.

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***Roavin*** · 04-05-2019, 02:47 AM

(04-04-2019, 11:27 PM)Bzerneleg Wrote: What do you mean by "permanent free members" in Section 1, Article 2?

\

This was written in conjunction with a general framework for commissions that defined these terms. Basically, a "permanent free member" is one that was explicitly appointed and approved by the assembly, and serving until resignation or recall. Obviously our current reform package doesn't have that framework so things will have to be written differently.

(04-04-2019, 11:27 PM)Bzerneleg Wrote: I would say when the CSI strips legislator status from any Legislator, they should inform the Chair of the Assembly of their action.

Yeah, any such action must have a public report about it, I fully agree.

***Roavin*** · 06-30-2019, 05:32 AM

First draft. It's a big one. It might be worth punting some of the legislator stuff into a separate act.

Mostly it's what's described here - I tried to take the best and relevant parts of the SPA and the old CSI draft and the LegComm Act together. I've punted the responsibility to track Legislators back to the Chair.

Quote:1. Scope

(1) The Council on Security and Intelligence (CSI) comprises members with experience in the field of security and intelligence in NationStates.

(2) The CSI has a broad mandate to ensure the security of the region and off-site property, and to coordinate the response to breaches of security.

2. Membership

(1) The minimum qualifications for being a junior member of the CSI are being an active legislator with a tenure of at least one year, and having the approval of senior CSI members.

(2) The minimum qualifications for being a senior member of the CSI are fulfilling the requirements of a junior member of the CSI, as well as extensive experience in either security or intelligence operations.

(3) Junior members of the CSI are appointed.

(4) The senior members of the CSI may promote a junior member to the senior rank if they meet the requirements. Such a promotion must be accompanied by public notice.

(5) At least one CSI member must be an off-site administrator. If that is not the case, an off-site administrator of the CSI's choosing will become a junior member ex officio.

(5) CSI members will appoint from their ranks

3. Legislator applications

(1) Any member of the Coalition is eligible to attain legislator status if
a. the CSI does not opine that they are seeking membership in bad faith,
b. they have a nation in the South Pacific,
c. are not attempting to join with multiple nations or identities, and
d. are not considered by the CSI to be a significant risk to regional security.

(2) A member of the Coalition may attain legislator status through an application with the CSI. The CSI shall confirm the reception of an application within 48 hours. The CSI will determine the eligibility of the applicant, and shall strive to accept or deny each applicant within a week.

(3) An application for legislator status must include at least
a. the current nation in the South Pacific,
b. any colloquial aliases of the individual in use within the last year, or in prominent use longer than a year ago,
c. the current World Assembly nation of the individual (in case of a floating World Assembly membership, the applicant may list multiple nations such that World Assembly membership can be traced throughout the application process), and
d. a pledge to uphold the laws of the Coalition of the South Pacific.

(4) The CSI may request additional reasonable legitimation steps from applicants, such as requesting a telegram from a World Assembly nation. An applicant may choose to publicly withhold some information and only disclose it privately in case of reasonable concerns of confidentiality.

(5) Upon acceptance or denial of an application, the CSI shall post the result (including a sufficient reason in case of a denial) both in response to the application as well as per telegram to the applicant nation.

(6) Anyone admitted to legislator status during a forum election in which only legislators may vote, from the time nominations begin until the conclusion of forum voting, may not stand for election nor vote in that forum election.

(7) The Chair of the Assembly may order the CSI to remove legislator status from a legislator if they have failed the voting requirement in the past month, if applicable, or otherwise no longer meet the eligibility requirements as described herein. The Chair of the Assembly may exercise discretion and not remove legislators under reasonable extenuating circumstances.

(8) A legislator fails the voting requirement if they are absent for more than half of all votes finished in the previous calendar month, if a minimum of two votes occurred. Legislators who have an approved leave of absence from the Chair shall not be considered absent for votes in the given time frame.

(10) The Chair of the Assembly may order the Legislator Committee to suspend legislator privileges for disruptive members. Frequent suspensions may be grounds for ineligibility, if found appropriate in a fair trial by the High Court.

4. Security Powers

(1) The CSI has the power to temporarily subject an individual or group to increased security precautions, if they have determined reasonable suspicion that the individual or group constitutes a security risk without those precautions in place. These precautions include:
a. Suspension of voting in the Assembly, if the individual is already a legislator, and in elections;
b. Prohibition against admission to legislator status, if the individual is not already a legislator;
c. Prohibition against standing for election or being appointed to any office;
d. Suspension of the exercise of any office the individual already holds, and all accompanying powers and privileges;
e. Prohibition or suspension of participation in government ministries;
f. Prohibition or suspension of service as a game-side Regional Officer;
g. Suspension of specific game-side Regional Officer powers;
h. Prohibition against maintaining a World Assembly nation in the South Pacific or any of its protectorates;
i. Restrictions on the number of endorsements the individual's World Assembly nation in the South Pacific or any of its protectorates may maintain.

(2) The CSI has the power to subject an individual or group to security precautions if they have determined probable cause that the individual or group constitutes a security threat. These precautions include:
a. Removal from any office the individual already holds;
b. Prohibition against standing for election or being appointed to any office;
c. Removal of legislator status, if the individual is already a legislator;
d. Prohibition of legislator status;
e. Prohibition against participation in government ministries;
f. Prohibition against service as a game-side Regional Officer;
g. Prohibition against maintaining a World Assembly nation in the South Pacific or any of its protectorates.

(3) The CSI has the power to investigate and compel testimony for any activity harming security, as outlined in the Criminal Code. In compelling testimony, the CSI may utilize its security powers against any person who refuses to cooperate with an ongoing investigation after a reasonable time frame.

(4) The CSI has the power to take emergency actions, which may go beyond regular security powers, either on off-site property or the in-game community, if there is a time-sensitive serious security threat to the region. After taking these actions, the CSI must brief the Cabinet. The CSI must also conduct an investigation under normal order following any emergency action, and reverse any emergency actions taken if doing so would not seriously endanger security.

(5) The CSI has the power to conduct intelligence operations. It shall designate an individual as Intelligence Coordinator, who must be notified of and approve all intelligence and counter-intelligence operations. The Intelligence Coordinator will be responsible for disseminating intelligence as proper and necessary. The Intelligence Coordinator will maintain a regional intelligence classification system, as necessary for the ensuring information security.

(6) The CSI is compelled to file charges with the High Court if, in the course of their investigation, they have determined that a crime has occurred. The CSI may directly issue an indictment to be handled by the High Court if such charges are related to the security of the region.

(7) In general, the CSI is empowered to take preemptive actions against foreign individuals as they deem necessary and proper to protect the region and forums.

5. Oversight and Restrictions

(1) Any temporary security measures must not exceed four weeks in length unless the cause for reasonable suspicion is confirmed by a court order.

(2) Any permanent security measures may be overturned by assembly resolution passed by a supermajority.

(3) Any security measures against members of the South Pacific may be subject to court review. The CSI will operate in good faith to provide any reasonably redacted evidence necessary for such review.

(4) Any security measures taken must be briefed to the Cabinet. Any security measures taken whose effects are not confidential in nature must be briefed to the Assembly.

Aga · 06-30-2019, 05:57 AM

This does nothing, just renames the CRS to CSI. Or also does not make clear how the roles of the junior and senior CSI differ. Secondly, regarding the whole thing, I think you should create DC term limits...

Although DC isn't political, it can lead to delegacy, making it more closed off. Even if it isn't 'term-limits', terms should also be introduced, with applications for DC happening before delegate elections.

Saying that the delegate should at least be part of the DC just creates a narrow pool of candidates, with less say from the gameside populace.

Aga/Eunopiar

Mostly does boring things.

(This post was last modified: 06-30-2019, 07:53 AM by Aga.)

***Kris Kringle*** · 06-30-2019, 01:44 PM

I’m not comfortable with the provision that forces the Court to take pre-indicted cases. The power to consider the presence of probable cause should rest solely with the Court.

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