Re: Proposed Photography Policy

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--On Thursday, March 1, 2018 20:01 -0800 Eric Rescorla
<ekr@xxxxxxxx> wrote:

> Hi folks,
> 
> The IESG has heard some concerns from participants that they
> would like not to be photographed. In response to those
> concerns, we have developed the attached policy which we
> intend to put in place going forward.
> 
> Please send any comments by 3/8/2018.

Ekr,

One of the first instances of complaints about photography I can
remember occurred when, as a WG Co-Chair, I asked for a show of
hands for volunteers to read and review a particular document
and then took photos of the room to record who had their hands
up.  The request for hands was made because the WG had
encountered difficulties getting adequate reviews in the past
and, IIR, the particular request involved a WG Last Call.  And
the photos were taken because it took less time and was less
intrusive than walking around the room and writing down names.

I heard (from a _very_ small number of people, including some
who did not object to being photographed but who felt a need to
defend those who might), three kinds of objections: to being
recorded with their hands up, to being recorded with their hands
down, and to being recorded at all or to being in the room at
all.    Noting that, at least as far as I know, there is no
"right" to not be recorded on Blue Sheets and that participating
in a discussions and then claiming to not have been present
could be a grave violation of our IPR rules, at least the third
strikes me as dubious.  

Personally, I reached two other conclusions.   The first was
that, if I wanted to use that technique again, I would announce
that I was going to ask questions of that type and use
photography to record results and that people who did not want
to be recorded should leave the room.  Of course, that could
have bad consequences too -- someone could presumable appeal any
conclusions reached, such as a decision to go forward with WGLC
or to wait for an extended mailing list poll on that question
(one that would be even less anonymous than raising hands and
being photographed), on the grounds that they were unfairly
excluded from the volunteering exercise, observing it, or
standing at the side of the room and glaring at people who
raised their hands.  I'd expect such an appeal to come to
nothing, but it would waste time.    

The second conclusion was that, if chairing a WG involved
dealing with those sorts of discussions, it was going to be a
lot harder to convince me to chair a WG in the future.  In my
case, some would probably consider that conclusion a feature
but, in the more general one, the IESG doesn't need to add to
the burdens of being a WG Chair enough to prevent people from
volunteering unless the issue or constraint is _really_
important.

Reading the policy draft, I note that I would have had another
option without asking permission from anyone.  That would have
been to tip off the Meetecho team that I intended to ask the
question and then persuade them to slowly pan the camera across
the room after hands went up.  That would not only provide
pictures of hands up (or down) but would guarantee public
availability of those pictures.

So...

(1) I think trying to generate a specific policy in this area is
a bad idea unless there is a demonstrated and specific need for
it.  Part of the reason is that we have too many rules, part is
that we have a lot of trouble getting these things right and
often end up with edge cases that then require either more rules
or more rule-making by appeals (although your discussion of
"should" helps in that regard, experience suggests it doesn't
help much).

(2) Everyone participating in the IETF should remember that the
IETF's credibility, and the credibility of its standards,
depends on a general view that the process is open and
transparent.   That means openness and transparency about who is
participating and what positions they are taking, not just about
what is being said.    Someone who doesn't want to be
photographed (or recorded on video) has the option of
participating remotely and leaving their own video off so that
they are represented only by disembodied voices.  I suppose it
would be up to the IESG to decide whether it would be acceptable
for in-person participants to wear bags over their heads (or
cartoon masks of one sort or another) as a way to both signal
their desire to not have their faces in photographs and to
prevent that, even from private actors.

(3) If you are going to make rules in this area, it may be
appropriate to distinguish between WG sessions at one extreme
and social events at another.  I can think of a lot more
justification for someone not wanting to be photographed at a
social event than in a WG session... and far less downside to
the community.  Similar comments would apply to Donald Duck
masks.

(4) I wonder if it wouldn't be sufficient to simply extend our
rules about treating other people professionally and courteously
by pointing out that some people don't like being photographed
and that the IETF expects those requests to be respected... and
then making appropriate badges or beanies available.  That would
at least avoid getting tangled up with more rules and debates
about edge cases.   What any "official" photographers do would,
of course, be something that could be discussed with them as a
contractual matter (or in the context of whatever makes them
official).

best,
   john




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