[ripe-list] [diversity] Updated Draft RIPE Code of Conduct Published for Community Review

I don't know if this is the same in Netherlands, but in many countries, if you (either citizen or organization) know about a possible illegal action, you must report it, otherwise may be liable of covering-up an illegal activity.

Why Netherlands? Because the RIPE activities, mail exploders, etc., etc., are hosted by RIPE NCC, which is a Dutch organization, so bound to Dutch laws.

So, in the scope of RIPE, if a victim or somebody else, has knowledge of such illegal activity and they decide not to report it, they may be liable but can't be prosecuted (different countries, maybe every outside EU, etc.). However, if the RIPE NCC has knowledge of that (simply because "the thing" happens in a meeting or mailing list, and the staff is reading it, or somebody, including the CoC Team informs the staff, etc.), then it must be reported. Ideally the victim should be encouraged to report it directly, but there is no way for the RIPE NCC to ignore it.

In more and more countries, even if victims deny reporting, or decide not to speak with the police about the happening (for example in cases of family violence), others have the obligation to report and the police/courts must prosecute it.

Obviously, this must be checked by the NCC counsel to make sure that we are in-sync with applicable laws.

Also, if whatever is happening in a meeting, not in a mailing list, all this may depend on the country hosting the meeting, but RIPE NCC, as organizer, is probably also liable in case of not reporting.
 
Regards,
Jordi
@jordipalet
 
 

El 24/3/21 16:41, "ripe-list en nombre de Gergana Petrova" <ripe-list-bounces at ripe.net en nombre de gpetrova at ripe.net> escribió:

    Hi all,

    Firstly, thank you to all who worked on this. It looks good to me.

    In reply to Sander and Sasha: currently the CoC says the reporting 
    party, and not the CoC Team, is responsible, if they wish, to make a 
    report to the relevant authorities. It also says the CoC could do so, if 
    they think it is reasonable. If the authorities cannot do anything with 
    this report without a victim (this is the case in some (most?) 
    jurisdictions), then it is up to the authorities to handle this further 
    - they could choose to contact the victim etc. It's out of our hands, so 
    why debate it? Also, I think a CoC cannot preclude a party (whether it 
    is a victim or not) from filing a report with the authorities. It just 
    doesn't have that power.

    Lastly, I second other people on this list's confusion about why the PC 
    should have anything to do with the approval/applicability of the CoC, 
    in events where there is a PC. Why would they want to have this 
    responsibility? As far as I know it is not currently in any of their 
    Charters. I'd be curious to hear what they think about this. I support 
    other's suggestion to leave that part out.

    Cheers,
    Gergana

    On 24/03/2021 15:18, Sander Steffann wrote:
    > Hi Sasha,
    > 
    > On Wed, 2021-03-24 at 14:09 +0100, Sasha Romijn wrote:
    >> I strongly feel that it should be up to the person who was harmed by
    >> an act whether or not to involve police or other authorities.
    > 
    > Absolutely
    > Sander
    > 




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