On Mon, 2017-07-24 at 11:12 -0700, Kerim Aydin wrote:
> All fine points!
> 
> So do you think we should get rid of the R217 protection all together
> rather than amend it?  Because I think it's pretty broken right now.

I agree it's probably broken. (Compare it to 1698, our most basic and
important protection, which incidentally appears to be just a couple of
pips of Power too low due to recent Power creep. That goes into a lot
of detail about what happens if a gamestate change, e.g. the loss of
all assets required for pends without any way to gain them, would make
it impossible to change the rules.)

> First, because protecting the "initiation" is useless if you're trying
> to ensure some form of "justice".  And if we're not trying to protect 
> justice - and I'm not saying that we have to - what are we trying
> to protect exactly?

IMO, this is all a probably accidental side effect of the Great Rule
101 Experiment (which I don't think ever actually failed; we halted it
because we felt like a change, not because it wasn't working), rather
than anything that really happened deliberately. I know you know the
history behind the experiment in question, having been involved both in
how it started and in how it ended, but because there are a bunch of
players who've joined since, I'll summarise it so that other people
reading the thread can have context.

The basic idea was to take a bunch of anti-scam protections in the
rules that already existed (things like "players can't be added to a
contract without their consent", that sort of thing), compile them all
together into a single rule, then put its power up higher than would
normally be wise (in addition to numbering it 101, thus causing it to
automatically win any Power ties with Power 3 rules and incidentally
moving it to the top of the ruleset). I'm not sure if it was deliberate
or not, but the inevitable effect of this was to allow people to make
"constitutional" arguments, ranging from solid to dubious, to screw up
the activity of other rules because they were infringing on eir rights.
(In addition to modelling a part of real-life legal systems that isn't
often simulated in nomics, it also added a very interesting layer of
protection relating to scams; from my point of view as a Scamster, it
was relevant that it didn't say "scams are disallowed" or anything like
it, but rather banned several things which are common parts of scams
but not /necessary/ parts of scams. Thus, dodging around it was pretty
fun.) "You can't do that because of rule 101" was a fairly common thing
to see in anti-scam attempts. "I can do this because of rule 101" was
also fairly common for people on the CuddleBeam end of the scam
spectrum. Attempted rule 2125 scams are common enough even nowadays.
You can probably imagine what they were like when the relevant rule
looked like this (this quote is from proposal 4866, distributed August
20, 2006, i.e. the very first part of the experiment):

> Rename Rule 101 to "Agoran Rights and Privileges" and amend it to
> read:
> 
>       The rules may define persons as possessing specific rights or
>       privileges.  Be it hereby proclaimed that no binding agreement
>       or interpretation of Agoran law may abridge, reduce, limit, or
>       remove a person's defined rights.  A person's defined privileges
>       are assumed to exist in the absense of an explicit, binding
>       agreement to the contrary.  This rule takes precedence over any
>       rule which would allow restrictions of a person's rights or
>       privileges.
> 
>        i. Every person has the privilege of doing what e wilt.
> 
>       ii. Every player has the right to perform an action which is not
>           regulated.
> 
>      iii. Every person has the right to invoke judgement, appeal a
>           judgement, and to initiate an appeal on a sentencing or
>           judicial order binding em.
> 
>       iv. Every person has the right to refuse to become party to
>           a binding agreement.  The absense of a person's explicit,
>           willful consent shall be considered a refusal.
> 
>        v. Every person has the right to not be considered bound by
>           an agreement, or an amendment to an agreement, which e has
>           not had the reasonable opportunity to view.
> 
>       vi. Every player has the right of participation in the fora.
> 
>      vii. Every person has the right to not be penalized more than
>           once for any single action or inaction.
> 
>     viii. Every player besides the Speaker has the right to deregister
>           rather than continue to play.
> 
>     Please treat Agora right good forever.
When the experiment ended, the various protections were "dispersed"
back into whichever rules seemed appropriate. I'm not entirely sure how
the "invoke judgement" part of 101(iii) ended up in rule 217, but it's
at least not an obviously inappropriate place for it (and it prevents
it being accidentally amended out of the CFJ rules when they change,
plausible as they change fairly often).

Anyway, the point is that the "invoke judgement" part of 101(iii)
wasn't really the main focus of the rule, when it was there. 101(iii)
and 101(vii) were mostly in practice about maintaining the rights of
accused criminals (when seen from one point of view) or giving
scamsters a lot of ammunition to try to weasel their way out of
punishments for rulebreaking (when seen from the other point of view).
(For people interested in this bit of history, the first relevant CFJ
that comes to mind is CFJ 2451a:
<https://faculty.washington.edu/kerim/nomic/cases/?2451a>.)
So when the criminal portion of the CFJ protections ended up being
moved to rule 101, an inquiry portion came with it. Oddly, the double
jeopardy rule ended up being repealed (possibly accidentally?) during
the creation of the Referee office, so the portion of the rules that
was actually relevant has now gone, whereas the portion that was there
to make rule 101 look more "official" is still here, and still
cluttering up rule 217.

> Second, because the R217 protection disallowing "rule changes" while
> not protecting against "game state changes" is actually dangerous.  
> In the latest Economic proposal, it's very easy to imagine, say a year
> into operation, some bug freezes spending and makes the CFJs unusable.  
> Either that means the rule change is retroactively nullified (really
> ugly), or the protection doesn't work in practice, and is therefore
> useless.

There's no way to retroactively nullify a rule change at power 3,
unless the rule's number is less than 105. (There aren't many rules
with number less than 105.) Thus, rule 217 isn't powerful enough to do
something like this, being "only" power 3. (Incidentally, this is the
reason why rule 1551 has power 3.1, something which took us
frustratingly long to notice.)

I agree that the protection doesn't work, and should probably just be
repealed. I also think it would considerably improve the aesthetics of
rule 217 (if I had my way, I'd additionally move the second paragraph
of rule 217 into a separate rule so that the original could be just
that pair of sentences at the start, although I can't deny that it
probably belongs there rather than elsewhere); rule 217 is fairly
unique in containing probably the only paragraph of Agora's ruleset
that works as a standalone nomic ruleset by itself (and the nomic in
question, Nomic 217, survived for quite a while, IIRC).

-- 
ais523

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