Toxspace Code of Regulations

TOXSPACE CODE OF REGULATIONS
DRAFT - NOT IN EFFECT
Published for comment December 20, 2020
Chapter 0 General Provisions
1. Definitions and rules of interpretation
2. The rule; example citation of a rule
3. All rules on same subject superseded
PART I
Chapter 1 General Principles of the Criminal Law
101. Harm principle
102. State of mind
103. Classes of offenses
104. Punishments
105. Jurisdiction
Chapter 2 Specific Offenses
201. Distribution of child pornography
202. Illegal activity
203. Stalking
204. Hacking
211. Encouraging suicide or genocide
212. Sexual harassment
213. Perjury
221. Obscenity
222. Spamming
223. Trolling
224. Shilling
294. Ban evasion
295. Breaking bond to obey rules
296. Aiding and abetting
297. Attempt
298. Conspiracy
299. Accessory after the fact
Chapter 3 Criminal Procedure
301. Names of offenses
302. Officers may ban users on probable cause
303. Required reason for bans
304. Report to owner
305. Pledge not to commit offense
306. Statement of banning officer
307. Exculpatory evidence
308. Response of user
309. Owner to judge
310. Questions
311. Judgment and sentence
312. Owner may appoint ad hoc judge
313. Clemency
314. Evidence to be classified information
315. Report to appropriate authorities
PART II
Chapter 4 Bridging
401. Definition of "bridge"
402. Requirements for bridge
403. Requirements for application for license; licenses public record; denial and revocation of license
404. Punishments
405. Short title
Chapter 5 Espionage
501. Definition of espionage
502. Tiers of nonpublic information
503. Identity, authentication, and private information
504. Defense and communication information
505. Classified information
506. Punishments
507. Short title
TABLE OF OFFENSES
[See rule 104 for punishments. See the rules cited for definitions of offenses.]
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|  Rule   |            Name of offense         | Class or punishment of offense          |
|  201    | Distribution of child pornography  |     Crime                               |
|  202    | Illegal activity                   |     Crime                               |
|  203    | Stalking                           |     Crime                               |
|  204    | Hacking                            |     Crime                               |
|  211    | Encouraging suicide or genocide    |     Felony                              |
|  212    | Sexual harassment                  |     Felony                              |
|  213    | Perjury                            |     Felony                              |
|  231    | Obscenity                          |     Misdemeanor                         |
|  232    | Spamming                           |     Misdemeanor                         |
|  233    | Trolling                           |     Misdemeanor                         |
|  234    | Shilling                           |     Misdemeanor                         |
|  294    | Ban evasion                        | Length of ban evaded reset              |
|  295    | Breaking bond to obey rules        |     Felony                              |
|  296    | Aiding and abetting an offense     |  Same as main offense                   |
|  297    | Attempt to commit offense          |  Same as main offense                   |
|  298    | Conspiracy to commit offense       |  Same as main offense                   |
|  299    | Accessory after the fact           |     Felony                              |
|  404    | Unlicensed bridging                |     Misdemeanor                         |
|  506-A  | Espionage with IAPI                |     Crime                               |
|  506-B  | Espionage with DCI                 |     Felony                              |
|  506-C  | Espionage with classified info     |     Misdemeanor                         |
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CHAPTER 0 GENERAL PROVISIONS
1. In this code, unless the context requires or indicates otherwise:
	words in the singular include the same words in the plural, and words in the plural include the same words in the singular;
	the pronoun "they" refers to both single and multiple people of any gender;
	verbs in the simple present tense include the same verbs preceded by "shall" and placed in the simple future tense, and vice versa;
	to "ban" means to require to depart and exclude from further reentry on top of removal and expulsion, and includes to "kickban";
	"officer" means the owner and every super-operator, channel operator, and half-operator in Toxspace;
	"or", when not accompanied by "either" or connecting mutually exclusive things, has both its usual meaning and that of "and";
	"owner" means the owner of Toxspace;
	"Toxspace" includes all accounts, services, interfaces, panels, and other appendages needed for the administration of the same;
	"user" means any person using Toxspace, whether or not they are currently present, who has not positively renounced such status.
2. The basic unit of the Toxspace Code of Regulations is the rule. Rules are cited by their numbers: for example, within this code this rule is cited "rule 2", and outside this code it is cited "rule 2 of the Toxspace Code of Regulations" or "TCR 2" for short.
3. The Toxspace Code of Regulations repeals and supersedes all other rules of Toxspace, whenever enacted, in the subjects it covers.
PART I (Chapters 1 to 3)
CHAPTER 1 GENERAL PRINCIPLES OF THE CRIMINAL LAW
101. The first principle of our criminal law legislation, is: do no harm. Harm includes both physical hurt and emotional distress, which means any extreme mental disturbance diminishing the capacity of a user to function normally, and any effect on the mind of any act intended, with malice and without good faith, to cause it. The offenses listed in this code are, due to the moral turpitude they involve or the damage they cause, deemed to cause harm per se.
102. Unless another state of mind is provided by rule, to be convicted of an offense, a user must intend to do the prohibited act specifically or cause harm generally, or know that there is a reasonable possibility of causing harm in general, but be indifferent to whether it is caused. Any statement that an average person, given all the context, would not believe to be serious, shall not be considered. The mental or emotional state of the offender, from whatever cause arising, may mitigate or excuse the crime, at the discretion of the owner.
103. Offenses are classified into crimes, felonies, and misdemeanors. When a rule defines and punishes but does not classify an offense:
A. If the rule permits or mandates permanent banning, the offense is a crime.
B. If the rule mandates banning for a maximum term of longer than two weeks, the offense is a felony.
C. If the rule provides for banning for a maximum term of two weeks or less or does not provide for banning, the offense is a misdemeanor.
104. Except as provided by the rule defining it:
A. Whoever is guilty of a crime shall be banned for not less than six months, or permanently.
B. Whoever is guilty of a felony shall be banned for not less than two weeks nor more than six months.
C. Whoever is guilty of a misdemeanor shall be banned for not more than two weeks, kicked, or warned.
105. Conduct is only punishable under this code if it occurs in or affects Toxspace in some way.
CHAPTER 2 SPECIFIC OFFENSES
DIVISION A CRIMES
201. Whoever posts, requests, links to, or otherwise spreads any child pornography, real or simulated; or
202. Whoever uses Toxspace to further any act that is both illegal and wrong in itself; or
203. Whoever joins to do harm to a user or cause one to fear it being done to themselves or others; or
204. Whoever prevents legitimate, gains unauthorized, or exceeds authorized access to or damages Toxspace--
Is guilty of a crime.
DIVISION B FELONIES
211. Whoever encourages, advocates, advises, or compels the suicide of any user or the genocide of any group of people; or
212. Whoever makes unwelcome sexual advances or comments to or about any user, after such user explicitly states their unwelcome nature; or
213. Whoever makes any false statement to an officer--
Is guilty of a felony.
DIVISION C MISDEMEANORS
221. Whoever posts any content which is obscene, as determined by community standards, or not safe for viewing in an ordinary workplace; or
222. Whoever sends a large amount of, or obtrusively long, messages, without good cause; or
223. Whoever annoys, disrupts, or argues in bad faith with a user for personal amusement, to satisfy a personal vengeance, or for any other reason than to contribute to the community; or
224. Whoever advertises any commercial product without the permission of the owner--
Is guilty of a misdemeanor.
DIVISION D SUPPLEMENTARY OFFENSES
294. Whoever enters or talks in Toxspace, through any means, while subject to a ban, shall be banned for a term equal to the full length the ban they were evading.
295. Whoever commits a misdemeanor, in spite of a pledge to obey the rules given under rule 305, is guilty of a felony.
296. Whoever aids and abets, causes, solicits, or procures the commission of an offense is deemed to be guilty of that offense.
297. Whoever attempts to commit an offense is deemed to be guilty of that offense.
298. Every member of a conspiracy to commit an offense who knows of its purpose is deemed to be guilty of that offense.
299. Whoever conceals the commission of a crime or felony is guilty of a felony.
CHAPTER 3 CRIMINAL PROCEDURE
301. The name of an offense is given in the corresponding entry in the Table of Offenses preceding this code.
302. An officer may, upon probable cause that a user is committing, has committed, or is about to commit an offense, ban such user.
303. The reason for the ban shall contain a link to instructions to appeal the ban.
304. The banning officer shall promptly report the incident to the owner with all the evidence they have to support the ban.
305. If the ban is for being about to commit an offense, the user shall be reinvited after pledging not to commit an offense, or they may choose to contest the ban instead of taking the pledge.
306. If the user decides to appeal the ban, the banning officer shall within 24 hours send the user a brief statement which proves, with evidence, that the user was committing, had committed, or was about to commit an offense.
307. Any evidence that tends to establish the innocence of the user shall be sent to them.
308. The user shall then have seven days to prepare a concise response denying the charges against them and rebutting the statement, with evidence.
309. Both the statement and the response shall be sent to the owner, who shall judge the case.
310. The owner may question both users in relation to the statements filed, request clarification or amendment thereon, and relay questions from one user to the other, in relation to their statement, but follow-up questions shall not be allowed except at his discretion.
311. The owner shall render a judgment and sentence the user, if the verdict is guilty, within five days from receiving the response or the answering of the last question asked, whichever comes later.
312. If the owner is the banning officer, he may appoint another officer to take his role in the deciding of the ban.
313. If a user has been found guilty and sentenced, they may appeal to the owner for clemency, whereupon he may lower the sentence or pardon the user.
314. The evidence submitted as part of a case, except so much of it as is mentioned in the judgment, as is ordered by the owner to be public, or as falls within another category of nonpublic information, is classified information under rule 506.
315. Any offense which is a crime in real life shall be reported to appropriate authorities.
PART II (Chapter 4 to end)
CHAPTER 4 BRIDGING
401. For the purposes of this chapter, a "bridge" is a program, robot, or other mechanism by which messages sent in Toxspace are transferred to or displayed in any other channel, server, or place.
402. No bridge may be established or operated without a license from the owner granted in accordance with this chapter. A bridge must have its end in Toxspace be an account that is clearly marked as such and used for no other purpose. The place where the other end of the bridge is must be accessible by the owner at any time.
403. An applicant for a license shall state the name of the account that is intended to be the Toxspace end of the bridge applied for, the place where it will display messages sent in Toxspace, and any other details which the owner may require them to in a standard application form he may prescribe. The application forms for and statuses of all licenses are public record. Toxspace reserves the right to deny an application for a license, to prescribe its terms, and to revoke it, after giving its holder one week's notice and opportunity to show cause why the license should not be revoked, unless the security of Toxspace may be imminently endangered by such an opportunity. No license granted for a definite term of a year or less shall be revoked before its expiration except for a violation of this chapter. Before changing the terms of a license, its holder must notify and obtain the consent of the owner; it is a violation of this chapter to do so without notification or consent.
404. Whoever establishes any bridge without a license or in violation of this code, or continues to operate one more than 24 hours after the license for it is revoked is guilty of a misdemeanor. Toxspace disclaims all liability for ejecting an account serving as a bridge whose operator is doing so in violation of this chapter and fails or refuses to remove it themselves.
405. This chapter may be cited as the "Bridging Act of 2020".
Note. The application form for a bridge is as follows:
Username of account in Toxspace that will display messages in Toxspace:
Name of place where messages in Toxspace will be displayed:
URL, if any (include protocol):
Directions that must be followed to access that place:
I affirm that everything I have stated above is true and that if I am found to have intentionally made a false statement I may be banned for up to 6 months for perjury, under TCR 213.
Signature (commonly used username):
CHAPTER 5 ESPIONAGE
501. Espionage is the dishonest collection or the disclosure to any foreign organization or the public of nonpublic information, with intent or reason to believe that it may used to the injury of Toxspace or to aid any foreign organization, without the authority or permission of the owner.
502. Nonpublic information consists of identity, authentication, and private information, defense and communication information, and classified information. If a piece of information fits more than one tier, it is in the tier that is listed first in this rule.
503. 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, as well as the content of any private or direct messages to which a user is party, 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.
504. Defense and communication information includes all information relating to the defense or the official communications of Toxspace which was not already published in a manner not violating this chapter, but excludes the schemes of encryption utilized by Toxspace, and the content of public messages in Toxspace, whose disclosure would not enable or facilitate the unauthorized decryption of encrypted messages.
505. Classified information includes the content of all documents and files which the owner has explicitly declared to be such by affixing a warning with a reference to this chapter thereto.
506. Whoever commits espionage with--
A. Identity, authentication, and private information - is guilty of a crime;
B. Defense and communication information - is guilty of a felony;
C. Classified information - is guilty of a misdemeanor.
507. This chapter may be cited as the "Espionage Act of 2020".