ESPIONAGE ACT OF 2020.
DRAFT - NOT IN EFFECT
Published for comment December 12, 2020
An Act to define and punish the offense of espionage.
Be it enacted by the owner of Toxspace as follows:
1. Definition of espionage. Espionage is the collection, through dishonest or unauthorized means, of nonpublic information and/or the transmission to any foreign organization or disclosure to the public of nonpublic information.
2. Intent required for espionage. To be guilty of espionage, one must intend or have reason to believe that the nonpublic information stolen is to be used to the injury of Toxspace or may be used to aid any foreign organization, and act without the authority or permission of the owner of Toxspace.
3. Tiers of nonpublic information. Nonpublic information consists of identity, authentication, and private information, defense and communication information, and classified information.
4. Identity, authentication, and private information. Identity, authentication, and private information includes all real names, addresses, and other personal data, all passwords, private keys, and other factors of authentication, and all other personally identifiable information of users of Toxspace. It also includes the content of any private or direct messages when obtained without the consent of one party thereto, or when one party has explicitly required the other or all other parties to keep the content of said messages secret.
5. Defense and communication information. Defense and communication information includes all information relating to the defense or the official communications of Toxspace which is not already public, and whose publication did not violate this Act. The schemes of encryption utilized by Toxspace, and the content of public messages in Toxspace, are not defense and communication information, as long as the unauthorized decryption of encrypted messages is not enabled or facilitated by its disclosure.
6. Classified information. The owner of Toxspace may explicitly declare a document or file to be nonpublic information by affixing a warning with a reference to this Act thereto; when this is done, the document or file and the content thereof become classified information.
7. State of emergency. The owner of Toxspace may declare a state of emergency whenever, in his opinion, Toxspace is threatened internally or externally. The declaration of emergency shall be linked to in the topic of Toxspace.
8. Aggravated espionage. Whoever commits espionage with identity, authentication, and private information, or during a state of emergency with any nonpublic information, shall be banned not less than two weeks, and may be banned permanently.
9. Punishment for ordinary espionage. Whoever commits espionage outside of a state of emergency with defense and communication information or classified information, shall be banned not more than six months.
10. Short title. This Act may be cited as the "Espionage Act of 2020".