Index ← 1123 CFJ 1124 1125 → text
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                               CFJ 1124

  Votes sent to the agora-discussion mailing list are neither "sent
  publically" nor "sent privately", and so are not valid when voting is
  Unrestricted.

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Called by:           Blob

Judge:               Elysion
Judgement:           TRUE

Judge selection:

Eligible:            Crito, Steve, Elysion, David
                    
Not eligible:
Caller:              Blob
Barred:              -
Had their turn:      Ørjan, Blob, Murphy, Peekee, Vlad, Kolja A., 
                     elJefe, Michael, Morendil
Already served:      -
Defaulted:           -
By request:          -
On Hold:             -

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History:

  Called by Blob:                          Tue, 20 Apr 1999 13:11:20 +1000
  Assigned to Elysion:                     Tue, 20 Apr 1999 18:59:24 +1000
  Judged TRUE by Elysion:                  Sun, 25 Apr 1999 19:55:42 -0400

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Judge's arguments:

I hereby judge CFJ 1124 to be TRUE.

Reasons:

Had "publically" and "privately" been capitalized in paragraph (d)(3) of rule 
1764, they would have been obviously referring to the conditions set in the 
previous two paragraphs. Though they are not capitalized, it still seems 
reasonable that the definitions of Publically and Privately in the rule. Votes 
sent to agora-discussion do not meet either criterium, and thus are not valid.

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Caller's Arguments:

Rule 1764, "Modes of Voting", says in part:

      (d)  (1) If the mode of voting is Public, then any other Rule to
               the contrary notwithstanding, the casting of any votes,
               or the declaration of Presence, by Voting Entities on
               that Proposal, Election or Referendum, may only be
               achieved by sending a message to the Public Forum.

           (2) If the mode of voting is Private, then any other Rule
               to the contrary notwithstanding, the casting of any
               votes, or the declaration of Presence, by Voting
               Entities on that Proposal, Election or Referendum, may
               only be achieved by sending a message privately to the
               Vote Collector.

           (3) If the mode of voting is Unrestricted, then any other
               Rule to the contrary notwithstanding, the casting of
               any votes, or the declaration of Presence, by Voting
               Entities on that Proposal, Election or Referendum, may
               be achieved by sending a message either publically or
               privately.

The truth of the statement hinges on the interpretation of the words
"publically" and "privately" in the previous paragraph. I argue that
the preceding two paragraphs define the meanings of these words, albeit
indirectly, by defining the meaning of "Public" and "Private" voting.

>From the definition of Public voting, from paragraph (d)(1) a vote
can only by made "publically", if it is sent to the Public Forum.
It is well established that the agora-discussion mailing list is NOT
a Public Forum. So votes sent to this list are not "sent publically".

The definition of Private voting is less unambiguous, but states that
a vote must be "sent privately to the Vote Collector". The term "sent
privately" is not well-defined, but a common sense interpretation rules
out agora-discussion as a private means of communication.

Therefore, votes sent to agora-discussion are neither "sent publically"
nor "sent privately", and so, by paragraph (d)(3), are not valid votes
when the mode of voting is Unrestricted.

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Evidence attached by the Caller:

Rule 1764/5 (Power=1)
Modes of Voting

      (a) There are three possible modes of voting on Proposals,
          Elections and Referenda: Public, Private and Unrestricted.
          The prevailing mode for each of each of Proposals, Elections
          and Referenda is initially Public.

      (b)  (1) The Assessor may change the prevailing mode of voting
               for Proposals, with Support.

           (2) The Registrar may change the prevailing mode of
               voting for Elections, with Support.

           (3) The prevailing mode of Referenda is always Public.

      (c) When the Voting Period on a Proposal, Election or Referendum
          begins, the mode of voting for that Proposal, Election or
          Referendum is set to the prevailing mode for that kind of
          vote.  Once set in this manner, the mode of voting cannot be
          changed.

      (d)  (1) If the mode of voting is Public, then any other Rule to
               the contrary notwithstanding, the casting of any votes,
               or the declaration of Presence, by Voting Entities on
               that Proposal, Election or Referendum, may only be
               achieved by sending a message to the Public Forum.

           (2) If the mode of voting is Private, then any other Rule
               to the contrary notwithstanding, the casting of any
               votes, or the declaration of Presence, by Voting
               Entities on that Proposal, Election or Referendum, may
               only be achieved by sending a message privately to the
               Vote Collector.

           (3) If the mode of voting is Unrestricted, then any other
               Rule to the contrary notwithstanding, the casting of
               any votes, or the declaration of Presence, by Voting
               Entities on that Proposal, Election or Referendum, may
               be achieved by sending a message either publically or
               privately.

Rule 478/10 (Power=1)
The Public Forum

      Whether a given medium is a Public Forum or not is a Nomic
      Property.  The Registrar is authorized to change whether a given
      medium is a Public Forum or not Without Objection.  When such
      a change is made, in order to be effective, the message
      announcing the change must be sent to both a medium that was a
      Public Forum before the change, and a medium that is a Public
      Forum after the change.  (If a single medium is a Public Forum
      both before and after the change, a single message to that
      medium satisfies this requirement.)

      It is the responsibility of each Active Player to ensure that e
      is able to receive messages sent to every medium which the
      Registrar has designated as a Public Forum.  The temporary
      inability of a Player to receive a Public Forum does not deprive
      that medium of any legal significance as a Public Forum.

      Sending a message, by any medium or combination of media, to
      every Active Player, is equivalent to sending it to the Public
      Forum, provided that the message bears a clear indication that
      it is intended to be a message to the Public Forum, and it is
      verifiable that the message was in fact sent to every Active
      Player.

      Whenever the Rules call upon some Player to "announce", "post",
      or "distribute" some communication or notification, this shall
      be accomplished by posting the communication or notification to
      the Public Forum, unless another rule specifies otherwise.

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