I have some small issues with the wording abstracted below. Hopefully it is clearer
(or at least less ambiguous) generally, than it is to me. In the (green) text below, it is ambiguous as to what “prohibited by applicable law” applies to – the definition, or the harassment it defines. Intuitively, I suspect that it is meant to apply to the harassment. But it is not impossible for some applicable law(s) to explicitly limit the definition of harassment, and this might be used by malicious individuals to excuse behavior that might clearly be considered harassment in almost any other context. I don’t know (for certain) about the legal issues with the precise wording, but I’m reasonably sure this could be worded more clearly. For example: “Any form of harassment defined as prohibited by applicable law can be subject
to this set of procedures.” As for why this may have been suggested in the first place, it is blatantly obvious that any organization that allows harassment (however it may be defined) is also likely to be held accountable for it as the person (or persons) who perpetrate the harassment itself. For that reason, I suspect that this was suggested in order to provide a degree of protection for the IETF, by indicating that an individual that feels they are being harassed (again by any definition with any applicable legal basis) can avail them- selves of the procedures being defined. This does not seem unreasonable to me. -- Eric From: ietf [mailto:ietf-bounces@xxxxxxxx]
On Behalf Of Pete Resnick 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.
I find "prohibited by an applicable law" to be somewhat problematic and overreaching.
-- Pete Resnick <http://www.qualcomm.com/~presnick/> Qualcomm Technologies, Inc. - +1 (858)651-4478 |