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

Clearly, we are talking about "corner cases", but may be not so much as a murder. For example, sexual harassment (either in a mailing list, or in private emails after a mailing list message, or in a meeting), it is a very serious crime in many countries, again, not sure if it is the case in Netherlands.

(and note that in the community I'm aware of at least 3 sexual harassment cases, with different "degrees", so not so strange situation)

The fact that the Trusted Contacts are "confidential" in our own "scope" or "definition", may be not according to Dutch law. In many countries, the only ones that are *free* from reporting a crime to authorities (or to keep silence about them if interrogated), and up to certain extent only, are priest (in confession) and doctors in psychology. May be there are other cases. Again, this is why it will be good to understand the legal counsel perspective here.

If Rod receives a complain "in trust", and it is a crime, and the victim don't want to report it to LEA, it is Rod exclusive decision to do it or not. If doesn't do it, he may be liable if it is discovered later on (example a sexual harassment turns into a rape later on).

Clearly this is a very uncomfortable situation and I fully understand the need for the trusted contacts, but law is always on top of all that, we like it or not.

Further to that, if the CoC is applied to "x" because a victim accused "x" about any kind of violation, and "x" decides is not right, and turns that "x" goes into litigation for that, because even his honor has been put in doubt, it may happen that courts decide that the application of the CoC was wrong, and damaged "x" rights and it may even impose sanctions and even inseminations to RIPE NCC, because RIPE is not a "legal figure" right? And RIPE NCC is the legal organization hosting mailing lists, meetings (virtual and face-to-face), etc.

So, it is a very sensible issue, because any application of the CoC, must be clearly backed-up by law. We can't just decide "this is a bad behavior" in our opinion if the concerning jurisdiction is not backing-up it.

I think the complete CoC must be validaded by the legal counsel, and not just for corner cases. Taking actions against any community member for something that *even if the full community* believes is wrong, may not be legal.

Even a "club of members" can't set rules that aren't conforming to law.


El 25/3/21 1:38, "ripe-list en nombre de Randy Bush" <ripe-list-bounces at ripe.net en nombre de randy at psg.com> escribió:

    > The reason I want to point this out, is to stress that people can
    > contact the Trusted Contacts in complete confidence. We will listen to
    > what you have to say, and in doing so there is no requirement for
    > others to know what is being said to us.

    and that is why you are *trusted* contacts.

    i am sure, given the creative lot we are, we could come up with corner
    cases involving murder, war crimes, etc.  but i don't think that's why
    we're here, so let's not. :)

    randy

    ---
    randy at psg.com
    `gpg --locate-external-keys --auto-key-locate wkd randy at psg.com`
    signatures are back, thanks to dmarc header butchery




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