​Hi Jordi,

I fail to see what 'crime' was committed by not including you in the TF (except you overloading my mailbox again).

There is no law against choosing one person and not choosing an other person -as long- as this is not based on pigmentation, sex, sexual orientation, religion etc. If the choice is made based on those selection criteria we call it discrimination and it *might* be against the law. So please explain how 'you not being included in the TF' constitutes discrimination?

​-- 
IDGARA | Alex de Joode | alex@idgara.nl | +31651108221

On Thu, 25-03-2021 12h 22min, JORDI PALET MARTINEZ via ripe-list <ripe-list@ripe.net> wrote:
I don't think this is the case. What happens is that if nobody reports (or the LEA don't discover) that it was not reported by someone that had the knowledge of it, nothing is going to happen against the "lack of reporting".

As said, not being a lawyer, the right thing here is to ensure that it is verified by the legal counsel, as well as the complete CoC, to ensure that we aren't trying to enforce something that may create problems at some point.



El 25/3/21 11:43, "ripe-list en nombre de Daniel Karrenberg" <ripe-list-bounces@ripe.net en nombre de dfk@ripe.net> escribió:



On 24 Mar 2021, at 17:21, JORDI PALET MARTINEZ via ripe-list wrote:

> I don't know if this is the same in Netherlands, but in many
> countries, if you (either citizen or organization) know about a
> possible illegal action, you must report it, otherwise may be liable
> of covering-up an illegal activity. …

This is a myth.

In modern legal systems the obligation to report crimes is very, very
limited. Typically one must only report crimes against human life and
similarly severe crimes. Very often this obligation is also limited to
the time when the crime can still be prevented. Often the obligation to
report can be met by informing the potential victim instead of law
enforcement.

More general obligations to report crimes are one of the hallmarks of
totalitarian systems.

Disclaimer: I am not a lawyer and I do not play one on TV. I am not
familiar with every jurisdiction in this solar system. ;-)

Daniel

References:

NL: Artikel 160 Sv
DE: § 138 StGB





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