Re: What is a "management position? [Last Call: <draft-farrresnickel-harassment-05.txt> (IETF Anti-Harassment Procedures) to Best Current Practice]

[Scott Kitterman <[e-mail]>]

On Friday, March 20, 2015 02:44:00 PM Nico Williams wrote:
> On Fri, Mar 13, 2015 at 11:54 PM, Brian E Carpenter
> 
> <[e-mail]> wrote:
> > For the recallable positions, the situation is much more tricky
> > because a recall petition needs 20 signatories and is announced.
> > Let's get real : if that happens, the confidentiality *will* be
> > breached.
> 
> Thanks for noticing this.  We can't promise much confidentiality when
> outcomes are public.  We should promise no more confidentiality than
> we're required to by applicable law or than would be afforded by a
> legal proceeding, except in the case where outcomes can be kept
> private (mainly: successful mediation).  Due process too limits the
> degree to which we can promise confidentiality.
> 
> As I see it, if I complain about harassment to the Ombudsteam then
> they owe me confidentiality for my complaint if mediation succeeds.
> Respondent may not get all the details and might be enjoined to afford
> me confidentiality as well to avoid more public outcomes.  Beyond that
> is a slippery slope that ends with all laundry in public at the most
> extreme (legal discovery).

How do you think the IETF could enjoin someone from speaking publicly?  At 
least in the US, prior restraint of speech is not commonly legal.

Scott K