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Ruling Espionage Clarification

  • Thread starter Thread starter Domais
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Ruling has been made.
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Domais

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Section 3, point 2 of the Criminal Code States:
The individual or government body responsible for a restricted area may sanction the distribution of information to another person or entity. Sharing information whose release has been sanctioned shall not be considered espionage.

I'm requesting clarification on "... individual or government body responsible for a restricted area may sanction...", say the restricted document is on Discord, in one of the Channels, say a private Cabinet Channel, would the Prime Minister have to consult the Discord Server Owner to release their own Documents as the Server owner is arguably the individual responsible for a restricted area. Moreover, does this legally allow the Server Owner to release documents in accordance with this code? Likewise, how does this code affect the Forum Administrator?
 
The court has unanimously agreed tot he following opinion authored by me:
Opinion said:
The court is of the opinion that intent of Section 3, Subsection 2 of the Criminal Code is, as is the intent of all Lazarene Laws, to ascribe In Character Duties, responsibilities and protocols. The Lazarene Government, Court, Assembly and all other institutions crated by Mandate 12 are of an In Character nature. Administration is there to facilitate the proper functioning of government and to deal with all Out of Character issues. VIII, (2) of Mandate 12 explicitly states that "(2) No provision of this Mandate nor any law or policy will be construed to limit or interfere with the responsibility and authority of off-site property administration and moderation, subject to the final authority of the root administrator, to safeguard the out-of-character security or safety of the off-site property or its users". Therefore, the court rules that there is a division between In Character and Out of Character. In Character is to be the domain of the Lazarene Government, Court and Assembly as proscribed by the laws of Lazarus. The Forum and discord administration exist outside of the law and deal with Out of Character issues. These different fields should never interact. For OOC Administration or IC government to act in the other's field of responsibility is Ultra Vires. Espionage is an In Character Crime and thus the release of In Character Documentation from channels created for an In Character government can only be authorised by In Character Officials. The discord owner may not release of their own accord or prevent IC Officials from releasing documents of a solely In Character nature. If the documents contain information of an OOC nature then it is a different case as that them comes solely under OOC administration's purview. The Criminal Code does not affect the Forum Administrator as it is an In Character Law and thus does not apply to OOC administration as per VII, (2) of Mandate 12
 
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