That doesn't mean everything needs to go through the courts; it means that if your process allows something that Anglo common law does not allow, you should have a good answer for why that is. Does it allow anonymous accusations? Is the accused allowed to know the charges against them, before a finding of guilt is rendered? Is there a presumption of innocence? Is the accused allowed to have a trusted third party - one who knows the rules of the game - to advocate on their behalf? Who, exactly, is responsible for deciding matters of fact vs matters of "law"? Is there an appeals process to fix possibly incorrect decisions?
Going by the linked document by Valerie Aurora, a good Code of Conduct allows anonymous accusations, the accused does not get to know the charges against them before a finding is rendered, there is no presumption of innocence, the accused does not get a third party advocate, matters of fact are necessarily decided by the same committee that makes the rules, and there is no appeal process.
This doesn't mean that such a committee will always do wrong. But I think it's worth thinking about how people operating in bad faith (either on the committee, or reporters to it) can abuse those features to achieve goals that are not actually aligned with what the Code of Conduct is trying to do. Yes, it's true that people can't be put in jail for these sorts of things, but a poorly-run adjudication process can have significant negative personal and financial effects on people.
We've gone out of our way to encode into law the exceptions to that rule. We can talk all we want about "anglo-derived common law" in those cases.
We can all agree that everyone has the right to be arbitrary and capricious. Codes of conduct are a formalization of expectations and rules for behavior. The are often tied (explicitly or implicitly) to an adjudication and enforcement process much more complicated than the person in charge just saying "get the fuck out".
However when someone brings up the idea of improving that bureaucratic process by comparing and contrasting Codes of Conduct language and enforcement to our society's hard-fought experience in creating fair justice systems, you retreated right back to the right to be arbitrary and capricious.
This is why people can't help but wonder: what the fuck are we trying to accomplish here? All I know is I need to publish a specific flavor of bureaucratic boilerplate so I don't get my reputation attacked for not publicly promising to kick out people I would have kicked out anyway. And that I can use that document to dole out punishments with a larger air of legitimacy and seriousness than just telling someone not to come around my place anymore.
It's not a piece of legalese with which you can bludgeon people to get your way (I mean it can be, but that is not and should not be the point)
When an organization has a code of conduct, it makes clear how I can complain about actions or events that occur under their jurisdiction. This is important because if you have high friction to reporting issues, issues don't get reported. [1]
What happens then? People who have legitimate grievances are the ones who stop coming around and you're left surrounded by the assholes who chased them off
The code of conduct should be cheerfully received by everyone:
1. I know that my actions are above board, because I can read what is allowed
2. I know that any actions that aren't will be reported and processed not in public (eg on Twitter) but in some sort of well-defined process
3. I know what the range of penalties can be
4. If I experience a violation caused by someone else I know how to report it
Four is arguably the most important point. Otherwise you end up with would-be coc violations adjudicated on Twitter.
[1] I'll add that it should also describe how people who receive reports respond and how the issue will be mediated. All of these steps are important. It's important for conference volunteers to know what to do when they receive a report. It's important that you know how to make a report.
>The code of conduct should be cheerfully received by everyone
I never cheerfully receive process. Process is valuable, process is important to have, but god-oh-god is it ever a massive pain in the ass.
Designing, drafting, implementing and refining process is HARD. I professionally maintain what I'll brazenly call "actually important" process so I don't get why everyone is so squeamish around the idea of maintaining the CoC process. (Well, I suspect that they're worried it will be corrupted by those nogoodnicks that they inartfully adopted this process to get rid of instead of growing some spine and just tossing them out on their ass in the first place.)
>legalese with which you can bludgeon people to get your way (I mean it can be, but that is not and should not be the point)
Understanding that this _will_ happen is just another part of designing process.
I think I agree with 99% of it.
I'll take the rest of this comment to note that elsewhere I'm lauding codes of conduct because they are lighter-weight than certain legal processes.
defen points out that when these constitutions tread into topics of justice, they would do well to consider how to set up a fair system and what common mistakes to avoid.
This is a reasonable point and should not be at all controversial. Do you want fair treatment?
I want to attend events with rules I like - I might like them because they're fair, I might like them because they ban symbols I find offensive.
Ultimately, it's up to the organization to define the rules, and it's up to me to decide if I want to attend an event with those rules.
If you punish anyone who has a report filed against them without evaluating those reports or requesting any proof, then you will quickly be left with a small pool of very manipulative people looking to game the system.
I posit that those who write CoCs are _precisely_ the type of people who lie. The average person DOES NOT lie as a matter of course. Small lies, bigger lies occasionally when embarassed. People who write CoCs want to control others. People who want to control others are narcissists/social dominants. Narcissists lie ALL THE TIME.
[1] This gets nastier when "you" is something like a corporation, a university, or the well-funded host committee of a generally public event. Legally and ethically, your latitude to exclude people from a private party is much greater than is your latitude to exclude people from a public-ish gathering that any person could show up to.
More importantly, I take the parent's point to be, not that such an organization "owes" anything to anyone, but simply that anyone formalizing a Code of Conduct and a committee to enforce it would do well to understand why the protections of due process exist. If their intention is truly to create a safe space for interaction, setting up a process that can be easily abused is not going to help with that.
I feel like this is a very important classification: Inviting someone to an event with Byzantine rules and punishments should be frowned upon.
You could argue that, if someone tells me to install a CoC or else (they will complain to my employer, and spread the message that I am a bad person), they are just exercising their right to free association and/or helping my employer and anyone who may see that messaging exercise theirs, but I think that this is very close to being a free association counterpart of the "free speech" defense of blatant slanderous misinformation, or people using a public list of businesses operated by members of a minority to inform their non-patronage.
Unless your decision involves a protected group, in which case this is a little more nuanced.
> I can throw a party
Professional organizations putting together conferences do not get the same liberties as individuals organizing family events.
Any organization without democratic checks to redistribute power to its constituents is generally seeking to hold hierarchical power over those constituents and others, and should be distrusted.
Nonetheless, if you invited a bunch of people to your party, then you and three others inexplicably ganged up on one of them, told them they were a bad person for claiming someone else was wrong, bullied them, made them cry and then banned them from future parties, then that sort of behaviour probably would get around and you'd soon develop a reputation for being an asshole.
Before today's post I had no views on JupyterCon, after today's post my view is that it seems to be run by assholes; that will certainly impact my future decisions around Jupyter and its community if I end up in a position to need to make them. That outcome could have been avoided by the advice to follow best practices from the legal system. This unfortunate blog post could have been avoided, and JupyterCon would have its reputation intact.
If you "start a project and not allow [me] to contribute" then you're by definition starting a much more traditional, hierarchical, authoritarian community, with the forms of dispute resolution you would expect there. Now that's okay, but it means that you should probably be upfront about it from the onset. And it also means you should expect pushback and accusations (probably accurate ones) of bait and switch if you change directions midway. They will say "that doesn't sound very egalitarian to me" and they will probably be correct. It shouldn't be a problem if you don't want to court that segment, or power your community through their contributions. But if you do want to court that segment, then I think they will want you to play by their rules.
I also think this is why the idea of Anglo common law was brought up. It is a form of dispute resolution which is pretty amenable to egalitarian, decentralized dispute resolution. What I like about Anglo common law is that it minimizes the need for a fair authority figure in favor of a fair autonomous process operable by a majority of equal peers:
> Does it allow anonymous accusations?
> Is the accused allowed to know the charges against them, before a finding of guilt is rendered?
> Is there a presumption of innocence?
> Is the accused allowed to have a trusted third party - one who knows the rules of the game - to advocate on their behalf?
> Who, exactly, is responsible for deciding matters of fact vs matters of "law"?
> Is there an appeals process to fix possibly incorrect decisions?
All of these concerns must be addressed to create such a system. And I think that a lot of prospective contributors (such as myself) do not want to be part of a community unless it is run by such a system. I also think that such contributors will be particularly incensed about contributing to such communities that say they are run by such systems but which are actually oligarchies. In that case, I would feel like I had originally contributed to the community as an equal, but I am instead now just a cog helping build someone else's dream. This will not just discourage me from contributing to the community, but it will make me regret ever doing so in the first place, and resent the community's leaders for lying to me.
So going back to your original example, I think you are well within your rights to start a project and not allow me to contribute. But if you do that, I think you have to be honest about what kind of community you are really building. It is one thing to say you wish to build a community through benevolent dictatorship. It is another to say you wish to build a community through distributed consensus. It's not really a two-way door. Switching directions midway can cause collateral damage with an extremely high blast radius.
They very well might. When you exercise your judgment in any way, you are liable for damages. Due process might protect you from that.
The piece is not balanced of thoughtful. The piece is crafted to present the case in a way that's immune or resilient to typical and expectable attacks. It underlined the core failings of the concept behind a CoC, and it provides a concrete example of how people use CoCs as an oppression tool that's leveraged to manipulate and condition groups to follow the leader's bidding.
> Here, I think the story is pretty much just: people screw up
It really isn't. This isn't a mere "whoopsie". This is a CoC working exactly as it's supposed to work. By design. This is exactly what they were created to achieve. A community member said something, some people didn't approved based on their personal tastes, and thus they proceeded to leverage their CoC to persecute and punish that individual to keep the community in line.
There is absolutely no other use for a CoC. This is precisely what they were created for. This is no accident or mistake.
Not sure if it's too soon to joke about this, but I find it funny that "I like Jupyter notebooks" was such a controversial opinion at JupyterCon.
(Yeah I know it was actually the mask advocacy and not the talk itself.)
Is that what actually caused the complaints?
Given that the complainers were anonymous (thanks to the CoC process), we'll never know. But it seems like a reasonable guess.
The question was: can we find out if hidden political vendettas against OP were the cause of complaints? You're implying that, yes, we can find out, because the complainers provided a bullet point list. If the complainers had hidden political vendettas against OP, do you actually think they would have listed them in the bullet points?
I recommend watching Stephen Colbert's or Trevor Noah's talk show skits to gain an idea of why a pro-mask position is controversial in the states.
That's understandable, but to me it also seems to illustrate the reason we're having this. He felt persecuted by their words. They were unkind to him, and it left him "shattered".
CoCs calling for "kindness" are put into place precisely because words have such power to harm. That vagueness makes them prone to abuse as well, but the sentiment on this thread seems to be, "Because this has the potential to harm me it must be stopped, but the kinds of harms that I could inflict on other people the same way are unimportant and do not need to be addressed."
I'm sorry he was treated this way; this doesn't seem to have been handled well. It's hard to deal with situations where multiple people are experiencing the "low emotional resilience" he cites (both himself and the apparent fragility of the person who reported him). But I think it's important to recognize that there are many "oppression tools", so it's worth reconsidering who has them even without a CoC, and how they can be countered.
Would you accept (or would one even send) an ad-hoc post-conference invite to 'talk about something you did wrong and how you should be punished' from a committee member?
Let's put it differently: without it's oppressive and persecutory function, what's the point of a CoC? To make it even simpler to you, what do you expect if someone in a community is deemed in direct violation of a CoC?
Acknowledging that people come from different backgrounds or belief systems where norms and customs are different, a good code of conduct offers a concise and easy-to-understand set of core expectations that the participants in a community agree to follow, along with a mechanism for reporting and curing violations when they occur. Curing violations should typically involve helping members learn and adopt better ways to communicate their ideas and interact with others, rather than shaming or punishing them for lacking these skills or for having a bad day.
As a gross example, a functioning code of conduct should make the difference between someone saying “I don’t understand why anyone would believe X”, which is an open statement that invites thoughtful discussion, versus “X is stupid and anyone who believes it is an idiot”, which is a closed statement that triggers fighting instead. Or, it should make the difference between someone making sexual advances at a professional conference because they think it’s what the other person wants, versus someone not engaging in that behaviour—even if they still think that—because it’s outside of the norms listed in the code of conduct.
It is certainly the case that codes of conduct are sometimes abused to create cultural echo chambers[0]. This isn’t because the concept of a code of conduct is flawed; rather, it is often (in my experience) because people adopt CoCs without having the knowledge and skill necessary to administer them. When this happens, the CoC can become a mechanism for suppressing disagreement instead of a mechanism for creating a healthy environment where ideas and relationships can thrive despite disagreement.
[0] https://waitbutwhy.com/2019/10/idea-labs-echo-chambers.html
I think the challenge is in enforcement. A code of conduct should be a measure of last resort. In your example:
> a functioning code of conduct should make the difference between someone saying “I don’t understand why anyone would believe X”, which is an open statement that invites thoughtful discussion, versus “X is stupid and anyone who believes it is an idiot”, which is a closed statement that triggers fighting instead.
I don't think that the code of conduct should be invoked the first time someone steps a bit onto the side of expressing something in a hostile way. When collages are in the process of solving real problems, and getting real work done, it can be the case that disagreements occasionally get heated. If someone steps a bit over the line in terms of how they express themselves in such a disagreement, the first response should be for a colleague to put the metaphorical hand on the shoulder and invite the offender to reign it in a bit, equal-to-equal, rather than invoking the authority of the CoC right away. If someone repeatedly demonstrates abusive behavior, then it makes sense to escalate this to a matter of community governance.
It's certainly not ideal if people express themselves in a hurtful or inflammatory way, but if everyone is self-censoring for fear of punishment, it can negatively affect the quality of work that gets done.
Declaring that “X is stupid and anyone who believes it is an idiot” without any discriminatory intent is definitely in bad taste, but should _absolutely not_ be grounds for a CoC violation or any kind of punishment, other than "your talks are obnoxious and we're not going to be inviting you or accepting your papers anymore".
My take is that the problem with this code of conduct was that it was dumb. I want to recommend to you the degree to which it is easy and relaxing to just acknowledge that and move on, maybe with a note or two about what not to do in any code of conduct you write. It seems --- I could be wrong, I started today confidently wrong about bay leaves --- like the alternative is an exhausting vigilance about conspiracies to control and persecute. Even if you're right, nobody is going to believe you, so what's the point in letting your pulse quicken?
Is this a widespread problem in software-related communities? I'm genuinely asking, because if it is maybe I am just not aware of it, but for example in the open-source projects I have been involved with the conversations tend to be extremely focused on the subject matter, and I'm not even aware of the race or gender of the people I'm conversing with.
20 years back (in Debian) there was some banter on the mailing lists, but never of that nature. It was mainly jokes about women. The community was primarily of young males, and that did stop as more women got involved. However, I should state for completeness that none of it was anything that anyone should have been banned over; sometimes a joke was just a joke, before humour was effectively outlawed lest anyone get even slightly offended.
The laziest of Google searches quickly found people being racist on GitHub (... to a GitHub employee! With their own, non anonymous accounts!): https://www.tinykat.cafe/on-all-that-fuckery
(This incident also made it to hn iirc, but maybe you didn't read it that day)
Seems like a very generous reading of what the person I'm specifically responding to said
If you are a woman or black or ... you will very likely experience sexism or racism. You will probably also see more, because you are used to identifying it.
If you say "a third [1] of the people in this group experience a bad thing" I would say that's pretty wide-spread.
The OP was specifically saying "it's not widespread, I've never seen it" [2]
I'm not trying to claim there's a nefarious subtext. I'm not saying the op is sexist or racist. I'm just trying to point out that a lot of people experience this, and one of the stated goals of CoCs in open source or at conferences is to help combat it. I think that's a good thing, and while you or perhaps others have pointed out that a community could combat such negative behavior without a CoC, the CoC does give some indication of how such behavior will be dealt with (before I join the community/attend the conference), which can increase my confidence recommending a conference or increase someone else's confidence attending (or participating in an open source community etc)
[1] https://psmag.com/news/sexism-in-the-tech-industry
[2] not a real quote so please correct me if it's way off, I'm being lazy
Also, I know they were referring to open source - maybe they've seen workplace sexism etc and were specifically excluding that. In that case I'm definitely misquoting and apologize
It's just hard to imagine how racism or sexism would enter into to a community like this because the race and sex of the participants is not known, and you're not even discussing races or genders at all, heck you're generally not discussing people at all.
It happens. People leave tech communities because of it. I don't know what else to tell you. I've provided citations to this effect in a bunch of other comments.
It's important to note, though, that people can do or say racist or sexist things without targeting it at someone. That would still impact someone's decision to stay in the community, even if the person who said it didn't mean to offend them.
However, they aren't. They require moderation because people are rude even when not anonymous.
Here's a quote from the vscode repo moderators:
> We deleted a handful of comments which we deemed too offensive to leave as-is (foul language, racist remarks, etc.). We also deleted a few issues that were overwhelmingly offensive. Unfortunately, that resulted in some non-offensive comments within those issues being deleted as well.
https://github.com/microsoft/vscode/issues/87440
Surely you can't continue to claim that open source communities do not suffer from such issues, now, right?
> a way to assure newcomers that your project wasn't going to allow racist trolling on the mailing list
This is what seems a bit funny to me, because I would take it for granted that racist remarks would not be tolerated as a matter of course. It doesn't seem to me that you need a CoC to enforce this.
And I would repeat that in my personal experience, having been involved with OSS discussions for over 10 years, I have never personally encountered this.
What it does is sets expectations. It sets expectations for everyone involved in any interactions. In general, this should give you confidence that there will be some moderation or recourse if you experience rude behavior. That may allow some people who have been burned by ruder communities to be willing to give yours a try.
https://thephd.github.io/the-community#
[1] if you think this is "just a c++ problem" you're going to be very disappointed
Background:
The boost community has managed to lose a large number of very technically proficient people who were tired of dealing with racism/sexism
JeanHeyd came to prominence a few years ago with some stellar open source libraries and gave some pretty good conference talks & joined the c++ committee.
Throughout his continued work in the c++ community, he ran into a lot of... unnecessary, non-technical feedback.
At some point, he got fed up with it all and created this.
Within the c++ community there are people who are known to be particularly toxic, fwiw, and some of this is calling them out specifically.
I think everyone who has attended a committee meeting knows who/what he is talking about.
There's also an additional bit, where he managed a discord server for one of his open source projects. When discussing Black Is Tech, he got racist pushback.
Hopefully this helps add a little bit of context. I don't think it's too important to understand the details. The tl;dr is that an extraordinary developer, speaker, committee member left the community because he found it to be hostile
That's a fact, and it's one engineers should be reckoning with. Your actions matter.
The implication being that every project without an established code of conduct is awash with racism?
Exhausting vigilance about conspiracies indeed.
Problems such as a plague of racist jokes aren't omnipresent, but they show up often enough in the world that a little signpost at the front door about expectations can help with first impressions and understanding the community.
The problem is the weaponization against random people for obscure reasons. The blog poster here didn't make a presentation full of racist jokes, it's not even clear what they did.
Lawful evil anti-social people exist in the world, we shouldn't let them bully people just because they're waving a rainbow flag while doing so.
Fun straw man though
Bay leaves work their magic in stews, especially beans. Not much else. (I absolute hate licorice btw).
On the other hand, I had seen americans before to mistake bay leaves and cherry laurel. Specially when trying to harvest leaves in gardens. Don't do that. They look similar but cherry laurel contains cyanide.
Certainly it is interesting to consider the set of circumstances that give victimhood and fragility such power to those who claim it.
That's quite the inversion. It is interesting that the people who focus so much on the analysis of hierarchies to the point where they see them everywhere and assert the unjustness of hierarchy qua hierarchy end up just inverting these hierarchies and using their power to tyrannize other people.
What does that say about the people that allow them to do that?
> There is absolutely no other use for a CoC. This is precisely what they were created for.
> There is absolutely no other use for a CoC. This is precisely what they were created for. This is no accident or mistake.
I run groups that use a CoC and I assure you that they aren't supposed to work like this, weren't created for this and it is a mistake if they are.
> There is absolutely no other use for a CoC.
Sure there is. It's a good way to keep racist and sexist trolling and harrassment out of talks.
This sounds terrible and I guess I'll have to modify our CoC to deal with it when it occurs.
OTOH, we've had frequent cases of sexual harassment (primarily men hitting on women at events) and a CoC has been extremely useful in dealing with those situations.
This seems like a pretty reasonable use for a CoC in my view--flirting isn't ubiquitously taboo (unlike racism, trolling, or overt sexual harassment) nor should it be, but it's understandable that a community would prefer to just prohibit it outright and set that expectation clearly up front.
CoCs should focus narrowly on this kind of thing (of course, without giving the impression that these are the only offenses that a person might be kicked out for), and proponents of CoCs should talk about this. Instead, much of this thread is talking about racist trolling, as though CoCs are necessary or sufficient for dissuading a racist troll (everyone understands racism is unacceptable; if you're motivated to cross that line anyway, a CoC isn't going to deter you).
Heck, I once shared such a story and got labeled, with zero evidence, as someone “who like to casually throw around homophobic slurs”: https://news.ycombinator.com/item?id=21173970 Thankfully the community flagged that attack.
The article explicitly argues CoC's should be done better, but it's also a story of collateral damage. The author might believe these issues are infrequent and a non-issue but not all the readers share this belief and I don't think there is anything wrong with that reaction.
I wouldn't call that an "invalid" opinion or critique, and again I would think it's an expected reaction. But it would be overly broad, based solely on that incident. Of course we don't exist in a vacuum, so I'd expect that other information would be brought in to support such an argument. Fair enough.
However, an argument that draws an isomorphic relationship between the ability to target a document and the ability to target a bomb is probably attempting to draw outside the lines.
(Particularly since in this case, it's equivalent to the victim of the bombing being the one who is reporting on the incident and quite clearly stating despite what they've been through "I support the thoughtful bombing of terrorists, but that is not what happened in this case.")
> It's more like if the U.S. accidentally bombs a civilian caravan and the response is "this shows why we should not have foreign policy.”
I don't know where I stand on CoCs in general, but saying "See this is why CoCs are bad" is like saying "See this is why we shouldn't punish someone for murder" when someone gets thrown in jail for murder and all parties agree that that the person did not kill anyone (though one side claims that what they did was still "murder").
http://www.securitybsides.com/w/page/35868077/BSidesSanFranc...
This is what intelligent people do. They recognize patterns and extrapolate. At this point the vast majority of people have experienced variations of what this guy has gone through.
In my own experience I have seen the exact same pattern of behavior in a slack community set up for my town.
> This is one of those posts where the title is going to trigger a lot of unproductive subthreads,
They seem quite productive to me. This sort of pathological behavior is increasingly common and finally people are willing and able to talk about it in public.
Any level of intelligence does this. How well one extrapolates varies, and extrapolation is always eventually wrong.
As far as HN goes, I use the term "intelligent" quite loosely but one of the hallmarks of intelligence is pattern recognition.
Christ I wish.
This is the kind of rhetoric I'm referring to when I say Kafkaesque. These people derive power from being victims so if they are given this benefit of the doubt you are granting them where the onus is on some person to walk on eggshells lest that person upset the perpetually upset these perpetual victims will of course announce they are upset and victimized no matter what is said, thus fending off any attack.
Kafka would be proud.
The thing HN likes to do best with any story is to generalize it and find sweeping conclusions. Here, I think the story is pretty much just: people screw up, and if your project has a code of conduct (I think most professional ones should!), there are some easy pitfalls to avoid captured here.