Re: I-D.farrresnickel-harassment - timebomb

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  Hi Pete,

On Thu, March 19, 2015 2:31 pm, Pete Resnick wrote:
> On 3/19/15 2:54 PM, Michael StJohns wrote:
>> Version -06 of draft-farresnickel-harassment has this small phrase
>> that was added in this version:
>>
>>> Any definition of
>>> harassment prohibited by an applicable law can be
>>>     subject to this set of
>>> procedures.
>
> This was added at the behest of the attorneys that did the legal review.
>
>> I find "prohibited by an applicable law" to be somewhat problematic
>> and overreaching.
>>
>> This should be removed.  If something is a violation of applicable
>> law, then the folks responsible for that law should deal with it, not
>> us.  We should be dealing with harassment that impinges on the IETFs
>> creation of standards and not with harassment that has little or no
>> nexus with the IETF.
>
> You have misread the sentence (for which I don't blame you; see below).
> It is not talking about dealing with acts that are violations of local
> law. What it says is that the procedures in this document *can* be
> applied to an act that falls under the definition of harassment that
> appears in a local law. That is, if a local law says that harassment
> includes commenting on the stripe pattern of someone's shoes, a person
> *may* bring a complaint of harassment to the Ombudsteam and ask that
> these procedures be used.

  Is this bringing our standards down to the lowest common denominator
in the world? Your example is (intentionally, I presume) trivial but not
by much. Let me try a real world example:

  If I am sitting in the lobby of the IETF hotel reading Charlie Hebdo and
the cover has something someone finds offensive and that might, in fact,
be a violation of a law in their home country am I subject to becoming
a Respondent? Even if it's not a violation of the law but the person feels
like he or she has been harassed by viewing the cover of my magazine
am I subject to becoming a Respondent?

> I did not think that the wording was particularly clear, but it is the
> wording that the attorneys felt would be legally useful.

  Sometimes it's OK to politely decline to take an attorney's advice.

  regards,

  Dan.







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