[ripe-list] [diversity] Two Documents from the Code of Conduct Task Force

​Hi Kurt,

Tnx. I'm not privy to the way RIPE NCC organizes their events, but what you describe is what I meant yes. There will always be a nexus to RIPE NCC for official RIPE events. So both RIPE NCC and the individual CoC members could be held liable for the outcome of an inproper process. You are also correct they could be sued 'everywhere'  (there has to be a nexus(event was held there, where an CoC member lives, where the 'person negatively impacted by the proces' lives or is employed etc.) but as RIPE NCC is based in NL, you will always have standing there. ​-- 
IDGARA | Alex de Joode | alex at idgara.nl | +31651108221 


On Fri, 16-09-2022 10h 00min, Kurtis Lindqvist <kurtis at kurtis.pp.se> wrote:
> 
> On 14 Sep 2022, at 20:43, Alex de Joode " target="_blank"><alex at idgara.nl> wrote:
> > 
> > RIPE Legal can hopefully research what are the potential liabilities for RIPE, for the organizers of events and for members of the CoC itself. As I will assume that if an attendee is 'sanctioned' by the CoC, they might go to court if the impact is serious enough. They can do this either in NL or in the country that has hosted the event or even their own country if the impact is there. The outcome might not be very favorable for all of the above.
> > 
> > So if a person gets sanctioned (banned from the event and maybe future events), and if he/she does not get to know what action got him/her banned, who complained etc. They could go to court in NL, request a 'voorlopig getuigenverhoor' where the CoC team members (and anyone they think has relevant information) have to answers questions (under oath, it's like a deposition). 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. Lawyers paradise and if you pick the jurisdictions correctly you might win the lottery several times over. We should ensure any process can standup scrutiny in court. That (unfortunately) means it has to be very 'court-like’.
> 
> RIPE is not a legal entity. You would sue the persons that have made the consequential allegations, i.e the officers implementing the CoC. They would be personally liable for their actions. I am not a lawyer but I do not believe this law suit would have to be in NL as there is not thing special about NL in this regard.
> 
> 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.
> 
> I have no idea if this was considered by the CoC taks force but I just want to reiterate there is no RIPE legal entity. The officers implementing the CoC are doing this under their own risk and responsibility.
> 
> I am happy to be corrected by a real lawyer….
> 
> - kurtis -
> 
> 
> 

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