Re: Proposed Photography Policy - Transparency and Leadership

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On Mon, Mar 05, 2018 at 02:20:18PM -0500, Ted Lemon wrote:
> On Mar 5, 2018, at 12:05 PM, Toerless Eckert <tte@xxxxxxxxx> wrote:
> > Can we at least agree that physical harrassment/intimidation is a different
> > topic and stop talking abot pushing cameras into peoples faces as something
> > that justifies or is core to a photo policy ?
> 
> Toerless, why would we agree to this?

What am i agreeing with ? Harrassment/Intimidation ?
Can you point me to the specific part of a sentence
that makes you think i agree with harrassment/intimidation ?

> I would say that the most important goal of this policy is to make it possible for people who do not want cameras shoved in their faces to be able to signal to those who might otherwise be tempted to do so that such behavior is unwelcome.

I think there are a bunch of things to consider here.

First of all, others on the list have noted before me that
actions such as shoving cameras into your face repeatedly
constitutes intimidation/harrassment whether or not we have
a photo policy and the suggested to deal with such incidents 
through our established policies to deal with any type of
intimidation/harrassment. I have not seen any respond that
was refuting this approach, so unless i see an argument against
that i don't understand why we do not choose that path. 

Secondly, it is not clear to me if any policy we define
in the IETF would allow to raise certain actions to the
legal level of intimidation/harrassment if those would NOT
be considered to be intimidation/harrassment in the absence
of such a policy. I doubt it, but i am not a lawyer.
Would IMHO be real important to figure this out.

If whatever we define in our policies can not change what 
a court of law would consider to be harrassment/intimidation,
then the photo policy is as i claim pretty orthogonal
to intimidation/harrassment, but would mostly be about
other legal things like privacy rights etc.

If i am incorrect on this assumption, and by putting specific
prohibitions into the photo policy would raise them to
become intimidation/harrassment, then i am all for
working that out explicitly. 

So, with my current (maybe wrong) understanding, the
example of "shove camera into my face" would probably best
be put into IETFs anti-harrassment policy

https://www.ietf.org/blog/ietf-anti-harassment-policy/?primary_topic=7&;

That text core sentence is somewhat focussed on harrassment based
on being part of some minority/oppressed group, which i think
is too narrow. I think even old white bearded evangelical men would be
harrased by a camera shoved into their face.

The example text at the end of Erics proposed photo policy
(may be harrassment) is probably the most what the photo
policy could say. POinting from photo policy to
anti-harrassment policy would be good.

Just to summarize in in case my english is still not correct:
I do not support intimidation/harrassment.
Shoving camera into face repeatedly is intimidation/harrassment imho.
I think we need to deal with it effectively even if we wouldn't 
want to have any photo policy otherwise.

> The fact that we are seeing controversy about whether taking pictures of others is a right demonstrates that the policy is necessary: quite clearly, whether or not this is perceived as harassment varies according to different participants in this discussion.

Sure. The photo policy should capture all those cases we want to prohibit
BEYOND recognized harrassment/intimidation. Unless there really is a way
for our photo policy to redefine what constitutes intimidation/harrassment.

But lately the thread seem to have gone down the direction as if the
policy is almost completely about protection against harrassment/intimidation,
and and as stated above, i do not understand how the photo policy
could make a difference. 

> The phrase "shoving cameras in peoples' faces" is somewhat problematic in that you might not actually perceive this behavior as "shoving a camera" in your face if it was done to you.   When it is done, it's not like the lens is two inches from your nose.   It might well be five feet from your nose.   It might also be a telephoto lens a few yards away.  Long lenses produce better portraits, after all.

Right. Thats what i tried to bring up by mentioning telephoto
lens in before. I am not sure if a telephoto shot would be
considered harrassment/intimidation legally. Lets assume it
woulld not be considered to be that - than that's a good
example of waht we should focus on in our photo policy.

> The point is that something is happening which some participants, for good reason, find so bothersome that the lack of a policy forbidding it is a significant part of their calculus in deciding to come.  Other participants, e.g. you, don't seem to even be able to understand this as a problem.   That is why the policy is needed.  It is literally because you don't see it as a problem that it needs to be stated as a policy.

Sure. But good intentions do not result in good policies. I am just trying to figure out
what we cold do as actually good policy and ideally also actually
enforcable policy (non-pointless policy). That's why i was saying it
would help a lot separating out harrassment/intimidation from
non-harrassment/intimidation.
> 
> If all IETF participants just naturally understood that they should be considerate when taking pictures of other participants, we wouldn't need a policy.

Yeah. Not even that is so simple as it seems. From my understand
the chaanging ways how pictures are not kep private but start
to pop up in all type of contexts on the Internet is also a
big consideration in participants opinions about photography.

Cheers
    Toerless




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