On Mon, Jan 20, 2014 at 11:40 AM, Rory O'Farrell <ofarr...@iol.ie> wrote:
> On Mon, 20 Jan 2014 11:27:09 -0500 > Rob Weir <robw...@apache.org> wrote: > > > We (Apache OpenOffice) recently had a user subscribe our users mailing > > list (500+ subscribers), and cause general disruption: > > > > 1) Many posts (20+) in a short period of time > > > > 2) Posts were off topic > > > > 3) She attacked list moderators and other members of the list > > > > 4) She threatened that she would report anyone who flamed her to their > > ISP or the Department of Justice for hate crimes. I was cc'ed on one > > email where she did exactly that to another subscriber of the mailing > > list. > > > > Said person never asked a single question regarding the use of > > OpenOffice, which is the purpose of the users mailing list. > > > > We had several complaints from other users, and several unsubscribed > > because they could not deal with the disruption. As list moderator I > > banned her. > > > > Then she started flooding our private mailing list, claiming that we > > were violating her civil rights, violating the Americans with > > Disabilities Act, etc., because we banned her. Reading between the > > lines it sounds like she is claiming the mailing list is a place of > > public accommodation and her disability (which seems to be form of > > ADHD) prevents her from controlling her conduct on the mailing list. > > > > We then banned her from mailing to the private list as well. But now > > she has started using a new email address, sending more complaints and > > threatening to report us to the Justice Department in two weeks if we > > don't allow her back on the users list. > > > > PMC members are split on whether to ignore her, engage her, ban her, etc. > > > > Note: she has not requested any specific accommodation. > > > > In my most-recent note to her I wrote: > > > > "If you do have a technical question about Apache OpenOffice, I want to > > make sure you are aware that there are several other avenues for > > support described here: > > > > http://www.openoffice.org/support/ > > > > If you get stuck on any of those support options, feel free to send me > > a note directly and I, acting as your personal support concierge, will > > point you in the right direction and try to accommodate any special > > needs." > > > > So no one can accuse us of not making a good faith to accommodate her. > > But this has not helped. > > > > Any thoughts on this? Is there any risk to the ASF or our volunteers > > in moderating mailing lists or banning disruptive users? > > I was always told that the right of free speech was hedged with > responsibilities. For example one cannot (unwarrantedly) shout "Fire" in a > crowded theatre. But this is a European interpretation. US interpretation > may differ. > > Re the person responsible - if she has been warned about "off-topic" and > has repeatedly posted "off-topic", then ban her strictly for that - "breach > of Forum rules", nothing to involve her civil rights. > > IANAL, but my understanding has been that constitutional rights are limitations on government, and pretty much government only. Individuals and private organizations can make whatever rules they see fit for conduct in their facilities, within the bounds of criminal law. ASF as an institution, and its projects in particular, are very opt-in. There's no requirement to accommodate anyone because there's no requirement for anyone to partake. But again, IANAL. Don
