Re: draft-ecahc-moderation

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--On Saturday, June 22, 2024 12:53 +0200 Eliot Lear <lear@xxxxxxx>
wrote:

> Hi
> 
> On 22.06.2024 12:45, S Moonesamy wrote:
>> Many years ago, Russ informed this mailing list that he took a 
>> decision on a message which was posted to the list.  The list's 
>> participants were silent about that.  In my opinion, it was
>> because  people understood that it was what an IETF Chair may have
>> do in such  circumstances. 
> 
> This.  We have overprocessed ourselves to death.
> 
> So... how do we dig ourselves out of this process hole?

Eliot,

I think step 1 in any digging effort is to be sure we are digging
out, rather than deeper.  For the case of list management and
moderation and given what can be a fine line between forcefully
expressing opinions that differ from others in the community
(especially IESG members) and being more or less deliberately
disruptive, putting more authority into the hands of the IESG seems
unwise and putting it in the hands of the Chair even less wise.  The
optics of the people who decided whether or not there is consensus
deciding whether someone gets to participate in the IETF or who
counts in other ways are rather poor.   At least in principle, that
is the attraction of both BCP 83/RFC 3683 and the
Ombudsteam/Anti-Harassment procedures of RFC 7776 (with 8716): in the
former case, there is a community process involved.   In the latter,
the ombudsteam is supposedly independent of the people who appoint
them [1].

Warren's suggestion [2] is attractive in that regard because it
requires three, presumably, independent, people to agree.   But I
think it raises a question and suggests another way to think about
this without creating more processes:

(1) I don't have a complete list of things that would cause a message
to be so egregious and problematic as to require emergency action,
nor do I think it would be wise for us to try to make such a list.
However, all of them I can think of would fall into a reasonable
interpretation of the "other problematic behavior that may be more
personal... nonetheless is unacceptable behavior between IETF
Participants" explanation that is part of the introduction to RFC
7776.  I read RFC 7776 as allowing the ombudsteam to take immediate
action in a sufficiently obvious and egregious case.  Presumably the
Respondent could appeal such action using the procedure described in
Section 6 of RFC 7776.  Independent of what is said there, a further
appeal to the community might be possible by the Respondent choosing
to make the claimed problem behavior more public than RFC7776 allows,
but, for the type of cases we have been discussing and that
draft-ecahc-moderation appears to address, it would already be very
public, so that is a non-issue.  I hope no one would ever feel a need
to go there, but note that the last paragraph of Section 1 of RFC
7776 probably provides another path to a sort of appeal in cases
where the actions and remedies of the Ombudsteam are, themselves,
perceived of a egregious or deliberately unfair.

So it appears to me that the first line of defense against egregious
acts or statements should be the ombudsteam: no new procedures needed
except, possibly, clarification of their ability to take immediate
action and a broader appeal mechanism if the Respondent decides to
make the matter public.

(2) As suggested above and as part of the earlier thread, the key
problem with RFC 3683 is that the process it requires is too slow for
an emergency.  The suggestion above should eliminate most need to use
it for emergencies (and probably should have done so before this),
especially for cases that broadly involve harassment.  For those
cases, the Reporter (possibly including the IETF Chair or the IESG)
should be taking cases to the Ombudsteam rather than trying to take
PR-rights actions themselves.  For whatever other cases might exist,
it would seem reasonable to me to allow the IESG to immediately (but
temporarily) suspend posting rights for the duration of the Last Call
process to prevent further damage while the PR-rights action is being
considered by the community.  Again, no new or complicated procedures
needed other than to modify BCP 83 to allow the IESG to take that
temporary action (presumably by recorded vote so that individual ADs
can be held accountable if the community perceives that abuses have
occurred).

Finally...

--On Sunday, June 23, 2024 16:23 +0200 Eliot Lear <lear@xxxxxxx>
wrote:

> In the case of NOMCOM-appointed people you recall them.  In the
> case of the IED, you complain to the LLC, and you use the appeals
> process.  There is always redress.  But keep this in mind: we
> entrust all of these people with a whole lot more responsibility
> than this today.

While I mostly agree, especially with your last sentence, the number
of times we have successfully carried a recall procedure to
completion in the last 27 years suggests either that there have never
been abuses of authority by a Nomcom-selected person or that the
procedure is not effective.   In particular, as has been pointed out
several times when attempts have been made to initiate recall
procedures, the length of time that process would take in practice
makes it useless, even for egregious cases, in the last six or nine
months of an incumbent's term.  On the other hand, I think we can
view that as a separate problem which the community either has the
will and ability to address or it doesn't.

best,
   john


[1] The provision for the IETF Chair to remove ombudsteam members
(Sections 3.7 and 3.8 of RFC 7776) may make that independence
questionable, but that is really a separate problem.

[2]
https://mailarchive.ietf.org/arch/msg/ietf/L6ssBezh6LJt66o4IKz27wZH27w






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