The tough part about taking conflict directly to a public sphere is it
doesn’t give people a chance to make amends quickly before escalation.

An internal, confidential grace period can give someone a chance to realize
their alleged behavior affected and/or harmed someone else, whether it was
intentional or not.

I would expect any complaint to be accepted and taken seriously and handled
fairly. If we already have a problem with complaints being ignored or
mishandled then we should deal with it in a concrete way now, likewise if
it becomes a problem.

Best
Andrew

On Sun, Nov 10, 2019 at 01:28 Patricia Shanahan <[email protected]> wrote:

> On 11/10/2019 1:02 AM, Niclas Hedhman wrote:
> > Patricia,
> > I think Ross said it well.
> > Just because I saw someone commit murder, doesn't give me the right to
> beat
> > (or hang, or incite others to do) the perpetrator and fair trial is
> still a
> > necessity in our civilized society. Lynching is (I hoped) a thing of the
> > past. I am not willing to give up the basic pillars of our society, just
> > because someone was offended, or even hurt. Sorry, but to me, the
> principle
> > of "rather let a murderer go free, than risk convict an innocent" is
> still
> > a strong one. But lately, it seems to no longer be the case.
>
> Witnessing a murder does not give you the right to beat, lynch, etc. On
> the other hand, you can say publicly "I saw X murder Y", and the police
> will not switch from investigating X to penalizing you just because you
> said that. Of course, X has a strong case for defamation damages if you
> say it falsely.
>
> If I understand what you are saying, and please post a correction if I
> got this wrong, if the victim of an ASF code of conduct violation
> described the violation publicly you would want the ASF to switch from
> investigating the original violation to penalizing the victim for
> talking about it, regardless of the truth of the victim's remarks.
>
> >
> > With all due respect
> > Niclas
> >
> > On Sun, Nov 10, 2019 at 2:48 PM Ross Gardler
> > <[email protected]> wrote:
> >
> >> IN THIS MAIL I AM ATTEMPTING TO DIG DEEPER THAN THE SURFACE. I AM NOT
> >> ATTEMPTING TO MAKE ANY JUDGEMENT ON ANY SPECIFIC OPINION OR SITUATION. I
> >> BEG THAT PEOPLE DON'T TRY TO READ BETWEEN THE LINES. IF SOMETHING SEEMS
> >> "OFF" IN SOME WAY PLEASE ASK FOR CLARIFICATION.
>
> Exactly my position.
>
> >>
> >> Historically rules of confidentiality have also protected the innocent
> >> from false accusations and trial by media.
> >>
> >> It's very hard to find the right balance. How might the ASF best handle
> a
> >> situation like this?
> >>
> >> Ross
> >>
> >>
> >>
> >> ________________________________
> >> From: Patricia Shanahan <[email protected]>
> >> Sent: Saturday, November 9, 2019 6:18:52 PM
> >> To: [email protected] <[email protected]>
> >> Subject: Re: FYI
> >>
> >> Could you clarify who would be prohibited from public statements by
> this?
> >>
> >> Historically, rules requiring confidentiality have been used to restrict
> >> victims of harassment from talking publicly about incidents. That has
> >> let harassment and assault continue by preventing discovery of a pattern
> >> of behavior with multiple victims.
> >>
> >> On 11/9/2019 4:55 PM, Niclas Hedhman wrote:
> >>> I don't know the details on the circumstances here, but it seems to me
> >> that
> >>> the point of "public accusations" should constitute harassment in and
> of
> >>> itself. Do we make that explicit?
> >>>
> >>> // Niclas
> >>>
> >>> On Sat, Nov 9, 2019 at 8:19 AM Matt Sicker <[email protected]> wrote:
> >>>
> >>>> This is just Uncle Bob being reactionary. What else is new?
> >>>>
> >>>> On Fri, Nov 8, 2019 at 14:28 Kevin A. McGrail <[email protected]>
> >> wrote:
> >>>>
> >>>>> Yeah just bringing it for others to loop in.
> >>>>>
> >>>>> On Fri, Nov 8, 2019, 15:26 Sally Khudairi <[email protected]> wrote:
> >>>>>
> >>>>>> Quite a bit of activity about this on Twitter yesterday...
> >>>>>>
> >>>>>> - - -
> >>>>>> Vice President Marketing & Publicity
> >>>>>> Vice President Sponsor Relations
> >>>>>> The Apache Software Foundation
> >>>>>>
> >>>>>> Tel +1 617 921 8656 | [email protected]
> >>>>>>
> >>>>>> On Fri, Nov 8, 2019, at 15:18, Kevin A. McGrail wrote:
> >>>>>>>
> >>>>>>
> >>>>>
> >>>>
> >>
> https://nam06.safelinks.protection.outlook.com/?url=https%3A%2F%2Fblog.cleancoder.com%2Funcle-bob%2F2019%2F11%2F08%2FOpenLetterLinuxFoundation.html&amp;data=02%7C01%7CRoss.Gardler%40microsoft.com%7C3fd9ab83d1884f6c043a08d765846506%7C72f988bf86f141af91ab2d7cd011db47%7C1%7C0%7C637089491620296831&amp;sdata=z3qcdMSTYuHeaLivL6ooPBUjYeZDTPqICIIlfihZpCE%3D&amp;reserved=0
> >>>>>>>
> >>>>>>> --
> >>>>>>> Kevin A. McGrail
> >>>>>>> Member, Apache Software Foundation
> >>>>>>> Chair Emeritus Apache SpamAssassin Project
> >>>>>>>
> >>
> https://nam06.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.linkedin.com%2Fin%2Fkmcgrail&amp;data=02%7C01%7CRoss.Gardler%40microsoft.com%7C3fd9ab83d1884f6c043a08d765846506%7C72f988bf86f141af91ab2d7cd011db47%7C1%7C0%7C637089491620296831&amp;sdata=iw2%2F9S7KS%2BWm3eUzvpMTvuH3%2Fs3MoxEcK6aMQwnxG%2BU%3D&amp;reserved=0
> >> - 703.798.0171
> >>>>>>>
> >>>>>>
> >>>>>
> >>>> --
> >>>> Matt Sicker <[email protected]>
> >>>>
> >>>
> >>>
> >>
> >
> >
>

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