Re: [ripe-list] [diversity] Two Documents from the Code of Conduct Task Force
Hi, I agree with Keith that it seems appropriate to provide indemnification for the CoC team members (current and past) for their actions on behalf of the CoC team. However I am by no means a lawyer so the NCC Legal team should evaluate if this is feasible and how to implement it. -Cynthia On Fri, Sep 16, 2022 at 6:05 PM Keith Mitchell <keith@smoti.org> wrote:
On 9/16/22 04:00, Kurtis Lindqvist wrote:
On 14 Sep 2022, at 20:43, Alex de Joode <alex@idgara.nl> wrote:
Those depositions could than be used in court for damage claims (loss of employment, libel/defamation). You can sue RIPE, the event or (individual) members of the CoC.
What you are describing (I think) is a situation where the RIPE NCC is considered the organiser and the legal home of any activity covered by the CoC. In this case the officers implementing the CoC would have to be appointed by the RIPE NCC and considered legally employed (or covered) by the RIPE NCC and therefor their indemnity insurance would cover it and it would be dealt with in the NL.
Under the RIPE NCC Arbitration process, there is a means by which community volunteers (who are not NCC employees) are formally indemnified against potential legal blowback of any decisions they make.
Parties to the arbitration are required to commit to this when entering into a dispute resolution. It does seem appropriate that a similar such indemnification measure should be in place for CoC volunteer officers, it that is not already envisaged.
Keith
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[ tangent warning ] cynthia,
However I am by no means a lawyer so the NCC Legal team should evaluate if this is feasible and how to implement it.
this illustrates a procedural problem i have. the ncc's lawyers represent the ncc. who represents the ripe community? the ncc's lawyers rightly act to protect the ncc's interest. that does not always coincide with the community's interest. hypothetical: the behavior of an ncc employee or board member or whatever raises a coc or even legal issue. who advises the coc team or community member(s) affected? i hit this recently on a small matter. when sad childish offensive content was posted to the ripe list, to protect the ncc under dutch law, the ncc legal team wanted it expunged. aside from my feelings that an archive is an archive, there are issues if, as one of the people who the perp attacked out of band, i might need a proper record for future legal action. who represents the community's needs and view? randy
participants (2)
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Cynthia Revström -
Randy Bush