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[DEFEATED] Protecting Personal Privacy

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Kenmoria
GA Secretariat
 
Posts: 7914
Founded: Jul 03, 2017
Scandinavian Liberal Paradise

Postby Kenmoria » Mon Jul 22, 2019 1:39 am

Morover wrote:As Darin Perise walks into the room, taking up his usual power stance, he looks unusually happy for a man of his position. Upon looking more intimately on the proposal, however, he furrows his brows. "Forgive me for not keeping up-to-date with the drafting of this proposal, ambassador, though I must commend you and the Kenmorian delegation for writing such a clever proposal again. Of course, I was in support of your prior draft, at least until the whole debacle with the lack of a definition for an organization, that is. While I appreciate the inclusion this time around, I must question your definition itself. Why is it that government-run organizations are exempt from the restrictions written into this proposal. While I may understand the exemption for capitalist countries, where the government only runs organizations which may need personal data, but it seems to give socialist organizations an inherent advantage. I'm sure you've discussed this already, and I'm sure you have an answer, I'm just curious at what it is. Once more, good luck on this, ambassador."

“We were considering governmental services which necessarily require data collection. For example, counties in which censuses are mandatory or, given the most recently passed resolution, prison services. Although the advantages for socialist countries are irritating, there are also restrictions imposed upon governments by certain clauses, which would extend to government-ran organisations.”
Hello! I’m a GAer and NS Roleplayer from the United Kingdom.
My pronouns are he/him.
Any posts that I make as GenSec will be clearly marked as such and OOC. Conversely, my IC ambassador in the General Assembly is Ambassador Fortier. I’m always happy to discuss ideas about proposals, particularly if grammar or wording are in issue. I am also Executive Deputy Minister for the WA Ministry of TNP.
Kenmoria is an illiberal yet democratic nation pursuing the goals of communism in a semi-effective fashion. It has a very broad diplomatic presence despite being economically developing, mainly to seek help in recovering from the effect of a recent civil war. Read the factbook here for more information; perhaps, I will eventually finish it.

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Araraukar
Post Marshal
 
Posts: 15899
Founded: May 14, 2007
Corrupt Dictatorship

Postby Araraukar » Mon Jul 22, 2019 1:52 am

Kenmoria wrote:“We were considering governmental services which necessarily require data collection. For example, counties in which censuses are mandatory or, given the most recently passed resolution, prison services. Although the advantages for socialist countries are irritating, there are also restrictions imposed upon governments by certain clauses, which would extend to government-ran organisations.”

"I have never understood why "socialist" is used as some kind of swearword or boogeyman. What is bad in wanting to make your population healthy and happy? It is not like socialist states were automatically authoritarian oppressors, any more than capitalist states automatically let their poor starve and die of easily preventable diseases simply because they are poor."
- ambassador miss Janis Leveret
Araraukar's RP reality is Modern Tech solarpunk. In IC in the WA.
Giovenith wrote:And sorry hun, if you were looking for a forum site where nobody argued, you've come to wrong one.
Apologies for absences, non-COVID health issues leave me with very little energy at times.

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Babloma
Civilian
 
Posts: 1
Founded: Jul 03, 2019
Ex-Nation

Postby Babloma » Mon Jul 22, 2019 9:53 am

This legislation does not define minor or underage with a numerical value. E.G. 18 YEARS OR YOUNGER IS A MINOR ETC

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Fulford
Secretary
 
Posts: 37
Founded: May 03, 2019
Ex-Nation

Postby Fulford » Mon Jul 22, 2019 9:53 am

Fulford believes that it is a companies divine right to be allowed to use any data submitted via an app as long as it states that the data will be used within their terms and agreements. We at Fulford hereby vote 'AGAINST' this resolution.
Fulford does not participate in NationStates stats and policies.

"We are United in diversity, Unity in Liberty!"
- Adam Salt, President of Fulford

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Cuyan
Civilian
 
Posts: 1
Founded: Sep 08, 2017
Ex-Nation

Violation of National Sovereignty In Regards to Tort Law

Postby Cuyan » Mon Jul 22, 2019 9:54 am

While I support the general idea of this resolution, I must vote against it.

Section 5 of this resolution clearly violates the sovereignty of nations in developing and establishing their own Tort law. I appreciate the authors' efforts to address this issue, but they need to do it in a fashion that doesn't dictate how nations should handle a topic that has traditionally been the distinct purview of the individual nations of this assembly.

Particularly determining what actions deserve to earn damages as part of a judgement worries me, and potentially opens up a floodgate of frivolous lawsuits from people who failed to read the "Terms and Conditions" of using whatever service may be in question. If the authors were to re-submit this proposal without Section 5, I would be willing to vote for it.

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Bears Armed
Postmaster of the Fleet
 
Posts: 21475
Founded: Jun 01, 2006
Civil Rights Lovefest

Postby Bears Armed » Mon Jul 22, 2019 9:56 am

Babloma wrote:This legislation does not define minor or underage with a numerical value. E.G. 18 YEARS OR YOUNGER IS A MINOR ETC

It could not do so without illegally contradicting an earlier resolution that is still in force. Such matters are explicitly defined as a matter of national choice, rather than left open to possible GA imposition of a one-size-fits-all policy.
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(includes The Ursine NorthLands) Demonym = Bear[s]; adjective = ‘Urrsish’.
Population = just under 20 million. Economy = only Thriving. Average Life expectancy = c.60 years. If the nation is classified as 'Anarchy' there still is a [strictly limited] national government... and those aren't "biker gangs", they're traditional cross-Clan 'Warrior Societies', generally respected rather than feared.
Author of some GA Resolutions, via Bears Armed Mission; subject of an SC resolution.
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Curupiri
Civil Servant
 
Posts: 10
Founded: Aug 14, 2014
Ex-Nation

Postby Curupiri » Mon Jul 22, 2019 10:56 am

Ambassador, please help me understand what appears to be a glaring loophole in this bill. Point 2.b. permits uninformed data collection of non-users in the name of 'crime prevention.' The language seems to allow for crimes that have not yet occurred. Would this not allow an organization with indirect ties to the government, such as one brought in in a consultant or contractor role, to simply say they are attempting to prevent crimes by collecting data and then turning it over to the government without user authorization?

Couldn't a private investigation or lobbying firm invoke section 2b of this bill to commit mass surveillance and circumvent 2c, 2d and the whole of section 3? The guarantees of due process seem badly undermined by the same logic that has led to things such as civil forfeiture or warrantless wiretapping. It's the vagueness of what constitutes 'crime prevention' rather than an active investigation that concerns me.
Last edited by Curupiri on Mon Jul 22, 2019 10:57 am, edited 1 time in total.

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Kenmoria
GA Secretariat
 
Posts: 7914
Founded: Jul 03, 2017
Scandinavian Liberal Paradise

Postby Kenmoria » Mon Jul 22, 2019 11:05 am

Curupiri wrote:Ambassador, please help me understand what appears to be a glaring loophole in this bill. Point 2.b. permits uninformed data collection of non-users in the name of 'crime prevention.' The language seems to allow for crimes that have not yet occurred. Would this not allow an organization with indirect ties to the government, such as one brought in in a consultant or contractor role, to simply say they are attempting to prevent crimes by collecting data and then turning it over to the government without user authorization?

Couldn't a private investigation or lobbying firm invoke section 2b of this bill to commit mass surveillance and circumvent 2c, 2d and the whole of section 3? The guarantees of due process seem badly undermined by the same logic that has led to things such as civil forfeiture or warrantless wiretapping. It's the vagueness of what constitutes 'crime prevention' rather than an active investigation that concerns me.

“I do not believe that allowing any and all data, regardless of actual utility towards the prevention of criminal activity, to be siphoned from businesses to governments would be a good-faith interpretation of the legislation. According to GA #002, all resolutions must be interpreted in a good-faith manner, and simply claiming an excuse not actually warranted by circumstances seems to me to be a poor reading of the bill.”
Hello! I’m a GAer and NS Roleplayer from the United Kingdom.
My pronouns are he/him.
Any posts that I make as GenSec will be clearly marked as such and OOC. Conversely, my IC ambassador in the General Assembly is Ambassador Fortier. I’m always happy to discuss ideas about proposals, particularly if grammar or wording are in issue. I am also Executive Deputy Minister for the WA Ministry of TNP.
Kenmoria is an illiberal yet democratic nation pursuing the goals of communism in a semi-effective fashion. It has a very broad diplomatic presence despite being economically developing, mainly to seek help in recovering from the effect of a recent civil war. Read the factbook here for more information; perhaps, I will eventually finish it.

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Kranostav
Chargé d'Affaires
 
Posts: 423
Founded: Apr 01, 2015
Inoffensive Centrist Democracy

Postby Kranostav » Mon Jul 22, 2019 12:31 pm

TNP's stance on this resolution for those who wish to read

https://www.nationstates.net/page=dispatch/id=1238464
Last edited by Kranostav on Mon Jul 22, 2019 12:31 pm, edited 1 time in total.
Non-compliance is lame and you should feel bad
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Author of GAR #423 and #460

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Marxist Germany
Minister
 
Posts: 2171
Founded: Jun 07, 2018
Ex-Nation

Postby Marxist Germany » Mon Jul 22, 2019 12:41 pm

Fulford wrote:Fulford believes that it is a companies divine right to be allowed to use any data submitted via an app as long as it states that the data will be used within their terms and agreements. We at Fulford hereby vote 'AGAINST' this resolution.

"Well this is your lucky day ambassador, because this proposal does exactly that!"
Author of GA#461, GA#470, GA#477, GA#481, GA#486 (co-author), and SC#295

Former delegate of The United Federations; citizen and former Senior Senator of 10000 Islands; 113th Knight of TITO

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Caoeaso Cadea
Civilian
 
Posts: 1
Founded: Jun 12, 2019
Ex-Nation

Postby Caoeaso Cadea » Mon Jul 22, 2019 1:44 pm

Caoeaso Cadea disagreed, the lastest cyber attack shutdown the Cadnbian internet for 21 days, and we need to know what is our people doing, so we don’t have dangerous cyber attacks.
This Account isn’t Vaild anymore on the forum.
If anyone posted on this account in the forum after June 22 2019, please alert Cadnbaland, or report to moderators.

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San Felix
Secretary
 
Posts: 32
Founded: Feb 10, 2019
Ex-Nation

Postby San Felix » Mon Jul 22, 2019 1:50 pm

"Good evening, on the subject of personal privacy, San Felix values personal liberties and we consider infringement of personal privacy as a violation of liberty. We gladly vote FOR on this proposal. However we need a clearer explanation on what "crime prevention" may mean and what cases can be considered as "crime prevention". Is it up for the nations to decide what constitutes as "crime prevention" and what doesn't? Thank you for your time."
The Republic of San Félix

Political Compass
"For to be free, is not merely to cast off one's chains, but to live in a way that respects and enhances the freedom of others". -Nelson Mandela

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San Felix
Secretary
 
Posts: 32
Founded: Feb 10, 2019
Ex-Nation

Postby San Felix » Mon Jul 22, 2019 1:53 pm

Araraukar wrote:"I have never understood why "socialist" is used as some kind of swearword or boogeyman. What is bad in wanting to make your population healthy and happy? It is not like socialist states were automatically authoritarian oppressors, any more than capitalist states automatically let their poor starve and die of easily preventable diseases simply because they are poor."


"It is quite clear that modern capitalism has created a Us vs. Them mentality for everyone. They put everybody else on the same category and boast themselves on saying that they're the best option. Shameful."
The Republic of San Félix

Political Compass
"For to be free, is not merely to cast off one's chains, but to live in a way that respects and enhances the freedom of others". -Nelson Mandela

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Marxist Germany
Minister
 
Posts: 2171
Founded: Jun 07, 2018
Ex-Nation

Postby Marxist Germany » Mon Jul 22, 2019 2:10 pm

Caoeaso Cadea wrote:Caoeaso Cadea disagreed, the lastest cyber attack shutdown the Cadnbian internet for 21 days, and we need to know what is our people doing, so we don’t have dangerous cyber attacks.

"Don't worry, ambassador; this proposal makes exceptions for crime prevention."
Last edited by Marxist Germany on Mon Jul 22, 2019 2:11 pm, edited 1 time in total.
Author of GA#461, GA#470, GA#477, GA#481, GA#486 (co-author), and SC#295

Former delegate of The United Federations; citizen and former Senior Senator of 10000 Islands; 113th Knight of TITO

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Araraukar
Post Marshal
 
Posts: 15899
Founded: May 14, 2007
Corrupt Dictatorship

Postby Araraukar » Mon Jul 22, 2019 2:44 pm

"Given that the watching eye
Of government, not the sky
Is not needlessly blinded by
This, we have voted 'aye'."
- ambassador miss Janis Leveret
Araraukar's RP reality is Modern Tech solarpunk. In IC in the WA.
Giovenith wrote:And sorry hun, if you were looking for a forum site where nobody argued, you've come to wrong one.
Apologies for absences, non-COVID health issues leave me with very little energy at times.

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Kyoki Chudoku
Diplomat
 
Posts: 832
Founded: Apr 28, 2017
Corrupt Dictatorship

Postby Kyoki Chudoku » Mon Jul 22, 2019 2:51 pm

The Chudokuren ambassador- was entirely absent this time, her place taken instead by Hanabi, the very concerned Head of Security. Kyoki Chudoku relied heavily on surveillance of its population for state security. With other proposals increasingly reducing the severity of punishment options and the many of the nation’s prisons- once designed as torture centres- being reconfigured to serve long-term occupants in begrudging accordance with WA protocol, losing their omnipresent observation of the population was too great a concession to make.

“If this proposal does not intrude upon our ability to prevent crime we will not oppose it. If it does, I’ll burn the papers right now. Looking over it, it seems acceptable, but if someone wants to prove me wrong, I’m listening.”
This nation exists for fun and insanity, not to represent my actual views which are much more mundane and boring.
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Current Status (yes, I'm bad at keeping this updated): Immaterial

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Inderlanda3
Lobbyist
 
Posts: 11
Founded: Jun 17, 2019
Ex-Nation

Postby Inderlanda3 » Mon Jul 22, 2019 4:23 pm

I say this is a good proposal

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Inderlanda3
Lobbyist
 
Posts: 11
Founded: Jun 17, 2019
Ex-Nation

Postby Inderlanda3 » Mon Jul 22, 2019 4:32 pm

The resolution is great the internet has too much data of users which should only be aquired by the users consent this resolution will also protect minors we must vote for this

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Araraukar
Post Marshal
 
Posts: 15899
Founded: May 14, 2007
Corrupt Dictatorship

Postby Araraukar » Mon Jul 22, 2019 4:43 pm

Inderlanda3 wrote:The resolution is great the internet has too much data of users which should only be aquired by the users consent this resolution will also protect minors we must vote for this

"Blaming it on the Internet
Will not help you, I would bet
Though if you really think so, well
Let's talk, I have a bridge to sell..."
- ambassador miss Janis Leveret
Araraukar's RP reality is Modern Tech solarpunk. In IC in the WA.
Giovenith wrote:And sorry hun, if you were looking for a forum site where nobody argued, you've come to wrong one.
Apologies for absences, non-COVID health issues leave me with very little energy at times.

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Marxist Germany
Minister
 
Posts: 2171
Founded: Jun 07, 2018
Ex-Nation

Postby Marxist Germany » Mon Jul 22, 2019 4:45 pm

Araraukar wrote:
Inderlanda3 wrote:The resolution is great the internet has too much data of users which should only be aquired by the users consent this resolution will also protect minors we must vote for this

"Blaming it on the Internet
Will not help you, I would bet
Though if you really think so, well
Let's talk, I have a bridge to sell..."

"Has Linda become a poet?"
Author of GA#461, GA#470, GA#477, GA#481, GA#486 (co-author), and SC#295

Former delegate of The United Federations; citizen and former Senior Senator of 10000 Islands; 113th Knight of TITO

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United Massachusetts
Minister
 
Posts: 2574
Founded: Jan 17, 2016
Ex-Nation

Postby United Massachusetts » Mon Jul 22, 2019 4:46 pm

Marxist Germany wrote:
Araraukar wrote:"Blaming it on the Internet
Will not help you, I would bet
Though if you really think so, well
Let's talk, I have a bridge to sell..."

"Has Linda become a poet?"

"You all doubted me when I said that the clergy can work miracles," Pierce opines.

User avatar
Araraukar
Post Marshal
 
Posts: 15899
Founded: May 14, 2007
Corrupt Dictatorship

Postby Araraukar » Mon Jul 22, 2019 4:47 pm

Marxist Germany wrote:"Has Linda become a poet?"

OOC: Once I get out of the Rhyming Space, I'll blame it all on a Universal Translator glitch. :P
- ambassador miss Janis Leveret
Araraukar's RP reality is Modern Tech solarpunk. In IC in the WA.
Giovenith wrote:And sorry hun, if you were looking for a forum site where nobody argued, you've come to wrong one.
Apologies for absences, non-COVID health issues leave me with very little energy at times.

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Kuriko
Ambassador
 
Posts: 1318
Founded: Oct 31, 2017
Democratic Socialists

Postby Kuriko » Mon Jul 22, 2019 5:58 pm

The Kurikoan ambassador walks into the General Assembly.

"Greetings, my fellow ambassadors. Forgive me for my lateness to this discussion, and my lack of knowledge on whether this has been asked. In the discussion among WA ambassadors within 10000 Islands a question came up that we wish to put to the authors of this bill. The Ambassador would like to respectfully ask if this bill lacks mechanics towards the "crime prevention" data collected and whether the data being collected would be collected by the very own organization this bill creates? Thank you for your time."
WA Secretary-General
TITO Tactical Officer of the 10000 Islands
Registrar-General and Chief of Staff of the 10000 Islands
LOVEWHOYOUARE~

Former TITO Tactical Officer
Former Commander of TGW, UDSAF, and FORGE
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WA Character limit increase to 5,000 characters

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Vlender Tusdeta
Civil Servant
 
Posts: 9
Founded: Apr 23, 2019
Ex-Nation

Postby Vlender Tusdeta » Mon Jul 22, 2019 6:04 pm

Curupiri wrote:Ambassador, please help me understand what appears to be a glaring loophole in this bill. Point 2.b. permits uninformed data collection of non-users in the name of 'crime prevention.' The language seems to allow for crimes that have not yet occurred. Would this not allow an organization with indirect ties to the government, such as one brought in in a consultant or contractor role, to simply say they are attempting to prevent crimes by collecting data and then turning it over to the government without user authorization?

Couldn't a private investigation or lobbying firm invoke section 2b of this bill to commit mass surveillance and circumvent 2c, 2d and the whole of section 3? The guarantees of due process seem badly undermined by the same logic that has led to things such as civil forfeiture or warrantless wiretapping. It's the vagueness of what constitutes 'crime prevention' rather than an active investigation that concerns me.

With gratitude to the Curupiri ambassador, this argument has persuaded Vlender to register its vote against.
This is the WA-delegate nation for the Tusdetan flight of nations. We're sci-fi themed and apply limited presumptions of what kind (or mix) of species is actually operating in each nation; we took our nation-lifting helicopters to the stars. The full Tusdeta alt list (presently as of 5/23/2019 equivalent to the Tusdeta nation list) can be found here among the dispatches of Mutaorat Tusdeta.

User avatar
Marxist Germany
Minister
 
Posts: 2171
Founded: Jun 07, 2018
Ex-Nation

Postby Marxist Germany » Mon Jul 22, 2019 6:16 pm

Kuriko wrote:The Kurikoan ambassador walks into the General Assembly.

"Greetings, my fellow ambassadors. Forgive me for my lateness to this discussion, and my lack of knowledge on whether this has been asked. In the discussion among WA ambassadors within 10000 Islands a question came up that we wish to put to the authors of this bill. The Ambassador would like to respectfully ask if this bill lacks mechanics towards the "crime prevention" data collected and whether the data being collected would be collected by the very own organization this bill creates? Thank you for your time."

"Data collection would be done by organisations not the WA, ambassador."
Vlender Tusdeta wrote:
Curupiri wrote:Ambassador, please help me understand what appears to be a glaring loophole in this bill. Point 2.b. permits uninformed data collection of non-users in the name of 'crime prevention.' The language seems to allow for crimes that have not yet occurred. Would this not allow an organization with indirect ties to the government, such as one brought in in a consultant or contractor role, to simply say they are attempting to prevent crimes by collecting data and then turning it over to the government without user authorization?

Couldn't a private investigation or lobbying firm invoke section 2b of this bill to commit mass surveillance and circumvent 2c, 2d and the whole of section 3? The guarantees of due process seem badly undermined by the same logic that has led to things such as civil forfeiture or warrantless wiretapping. It's the vagueness of what constitutes 'crime prevention' rather than an active investigation that concerns me.

With gratitude to the Curupiri ambassador, this argument has persuaded Vlender to register its vote against.

"Good-faith must be employed when interpreting resolutions to be compliant with GA#2"
Last edited by Marxist Germany on Mon Jul 22, 2019 6:17 pm, edited 1 time in total.
Author of GA#461, GA#470, GA#477, GA#481, GA#486 (co-author), and SC#295

Former delegate of The United Federations; citizen and former Senior Senator of 10000 Islands; 113th Knight of TITO

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