Post by Asairia on Feb 15, 2019 18:00:54 GMT
Friday, April 28, 2017
in the case of:
The Queendom of Marrigoldria [Claimant]
vs.
The Commonwealth of South Pacifika [Defendant]
Application:
Claimant nation(s): The Queendom of Marrigoldria
Defendant: The Commonwealth of South Pacifika
Date(s) of alleged infractions: April 15, 2017 and April 27, 2017
Summary of facts and how this broke the law/rules or violated the Constitution: On two occasions South Pacifika, otherwise known as CSP in the discord and also known to change his name and profile picture to insight confusion, has on two occasions impersonated two different individuals in the discord. He first impersonated North Arkana and had convinced a number of people he was in fact North Arkana. After being told to not do it again, and a threatened court case, he then impersonated an individual not in our discord, known as Den, as a joke but was quickly discovered. The specific law broken is Article 8.2.3. which is: Attempting to steal or impersonate another Nation's identity. This behaviour is fraudulent and breaches the game's conditions. The same applies attempts to 'hack' Nations both inside NationStates and on Versutian Federation forums, or regional passwords.
Remedy/Remedies sought: For his first offense, as he seemed to be unaware of the rules of the region, I suggest that he be given a role to prevent him from changing his nickname in the discord and all other discords related to The Versutian Federation to avoid this issue in the future. For his second offense, I suggest that a rank to prevent him from posting in the discord for a week is proper. This rank would also prevent him from posting in the regional role play. While these are restrictions on one's freedom of speech, South Pacifika has abused this right.
I, The Queendom of Marrigoldria, hereby certify the above to be correct to the best of my knowledge.
The Minister of Justice has judged your application meritorious. Trial transcript can be viewed here.
Judgement
ALAMEI, MINISTER OF JUSTICE:
1. On April 15, 2017, the defendant impersonated the identity of North Arkana, changing his profile picture and username on Discord to match. He was promptly warned that this violated Article 8.2.3 of the Constitution.
2. On April 27, the defendant changed his name and profile picture to match that of one "Commissar DEN", an account under the control of a nation in New Ausozera. Given that Article 8.2.3 refers to the impersonation of any nation, not just those who reside within the Versutian Federation, this constitutes an equally serious offense.
3. That the defendant chose to commit an act of impersonation a second time, knowing full well its ramifications, amplifies its severity.
Held: The acts committed are worthy of punishment.
IT IS ORDERED the defendant be barred from speaking and sending messages in the regional Discord for one week, and be prevented from changing their nickname for three months, subject to commutation on condition of good behavior.
Judgment delivered:
Saturday, April 29, 2017
On May 1, two days after judgment was delivered, CSP decided to post in a channel that was not properly configured, in direct contravention of the Court's order. In response, it was ordered that he not post for one full week thereafter - that is, until May 8. On May 7, the defendant elected to leave and rejoin the Discord server, allowing him to post once again, with the justification that it had been seven days for him. However, this was less than the full seven days ordered by the Court, and the defendant should have petitioned for relief via private message or telegram if he believed otherwise. Therefore, I am amending my decision in this case.
IT IS ORDERED the defendant be banned from the regional Discord for two weeks. The prohibition on changing nicknames stands as is, but the defendant has proven himself undeserving of clemency in this matter.
Judgment delivered:
Sunday, May 7, 2017
Appeals
Notice:
Both Claimant and Defendant have the right to request leave to appeal where either:
- substantial new evidence has come to light, or
- the laws upon which this judgement is based have changed retrospectively.
Claimant and defendant have seven (7) days in which to request leave to appeal in this thread, or otherwise by personal message to the Minister of Justice.