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The difficulty of this issue is clear. These regulations are highly intrusive, allowing, for example, strip searches online; at the same time, they are not even close to airtight. Yet that is not the fault of those who wrote them: there is simply no comfortable zone to occupy that is free of both intrusion and cheating. --Do I want to be required to strip-search myself on camera? No. Do I want to lose to a cheater with an undiscovered haptic communication device in his underwear? No. Can I be safe from both? No. No legal system is or can be free of unjust results, and in general the more guilty people are punished, the more innocent people will be punished as well. Obviously it is a question of balance. In the United States, the standard of proof required in order to be imprisoned or even executed is proof "beyond a reasonable doubt," while that for losing a civil suit, which can, after all, drive the loser to bankruptcy and long-lasting garnishment of pay, is merely a "preponderance of the evidence." Even a lifetime ban from participating in FIDE-rated chess tournaments is less severe than these penalties can be. A standard whose effect is somewhere between those of the civil and criminal standards seems fine to me. The published regulations seem like a decent attempt at detecting the means of cheating while saying nothing about the use of statistical means to infer that cheating occurred. For example, the rules stipulate that a determination of cheating by a platform or sponsor, e.g. chess.com, will be taken as suggestive, perhaps drawing an investigation, but not as definitive. That seems reasonable so far. FIDE must adjust on the fly, but they have to start somewhere. In this forum, those who emphasize the legitimate fear of false convictions, star chambers, etc., have so far led the conversation. One always looks good defending the innocent, but we have in prospect the destruction of tournament chess by general rot, and one cannot prevent that by defending the innocent alone. I would like to weigh in emphasizing the cost of failing to address cheating. Serious tournament chess simply cannot survive if engine assistance becomes too widespread, any more than any community can preserve its higher functions if it fails to maintain a functioning set of laws, which necessarily involve it in some unjust applications. Laws miscarry and injustice spills out, but when crime becomes too widespread, the community is deluged with injustice, and only gangsters can act publicly (see: Lance Armstrong).
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