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Date: Wed, 6 Jan 2016 09:52:11 -0600
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To: Anthony Ferrara <ircmaxell@gmail.com>
Subject: Re: [PHP-DEV] [RFC] [Draft] Adopt Code of Conduct
From: pmjones88@gmail.com ("Paul M. Jones")

Hi,

>>> This Code of Conduct applies both within project spaces and in =
public
>>> spaces when an individual is representing the project or its =
community.
>>=20
>> I think this is way too broad. "individual is representing the =
project
>> or its community" can be construed to mean basically anything - if a
>> person is known in the community, any of their actions, even without
>> relation to the community functions, can always be construed as
>> "representing", especially by people with an ax to grind. We'd get
>> people complaining "how could prominent member of this project vote =
for
>> that vile politician X" and "how could prominent member of this
>> community support that awful law Y" and we definitely not want to go =
there.
>=20
> It is broad for a reason. If harassment that's obviously connected
> with the project (it would need to be obviously connected) happens
> off-list, that's still problematic. I think limiting the scope to just
> the project territories is dangerous as it provides too easy of a way
> for members to cause problems with no resolution possible.

Define "harassment."

Define "connected."

Define "obvious."

The broadness makes it possible to punish project member for any opinion =
they hold that is not what an accuser holds. If a prominent project =
member tweets from their personal account that there is no category for =
"hate speech" under US law, and thus it does not exist as a legal =
concept in the US, it is entirely possible for an accuser to say that =
they feel unsafe communicating inside the project with someone who =
believes "hate speech" is "protected speech". (Insert any unpopular =
political opinion here: pro-gun, pro-life, anti-3rd-wave-feminist, =
anti-immigration, whatever.)

The broadness of the language makes that project member liable *within* =
the project context for their political opinion *outside* the project =
context.  It is, to reiterate my earlier point, fascist in its scope: it =
binds person, politics, and project, in such a way as to police the =
political speech of that person in all arenas, under cover of "abiding =
by the code of conduct."

>=20
> Well, what's the alternative? To let them continue to cause trouble? I
> would never vote for a ban (temporary or permanent) unless there was a
> strong pattern of significant abuse, and I think many here would agree
> to that.

Define "significant."

Define "abuse."  (I myself have been labeled "abusive" on Twitter for =
the presentation of my dissenting opinions here; I can see "loud", or =
rude, or stubborn, or passionate, but "abusive"? No.)


> I wanted to avoid citing personal examples for personal reasons. But
> since you refuse to read between the lines, here it goes:
>=20
> I have received no less than 4 direct threats of violence that were
> directly due to my involvement with the Scalar Type Declarations RFC.

Did you report them to the police? If not, why not?


> I believe that both Zeev and myself crossed significant lines during
> that discussion as well, to which there should have been some level of
> recourse or moderator that could have stepped in to cool us down and
> help.

A code-of-conduct won't help much there, although the =
conflict-resolution stuff might, so long as it does not reach beyond the =
scope of the project.


> Since posting this RFC, there have been people openly speculating
> about my gender, sexual orientation and other personal matters. In
> contexts that are purely obvious that it is connected to this RFC, and
> hence the project.

I've been called a Nazi for having views at odds with popular opinion; =
threatened with being stabbed in my sleep (not credible), and with =
castration (credible, and reported to the police).  Is there something =
in the COC about not threatening to cut off someone's balls?


> And that's just me. I know for a fact that several other people have
> had incidents. I know that several people avoid internals and the
> project because of fear of incidents. I won't speak for them, that's
> their prerogative.

If their fear of words on a screen overrides their desire to contribute, =
what does that say?


> But please stop pretending nothing's ever happened. My experience
> alone should be enough to justify.

For myself, I'm not "pretending nothing's ever happened." I get hammered =
daily for my opinions. I just don't let mere words get in my way.  When =
the words are *credible threats* I report them to the police. Thankfully =
that has been rare.

I reiterate: the Code-of-Conduct as presented, and specifically the =
Contributor Covenant, is political protection for certain political =
views, overly broad in its scope, totalitarian speech-policing in =
practice, and to be dismissed out of hand with derision and malice.

A conflict-resolution document limited to the project scope alone is =
much more preferable.


--=20
Paul M. Jones
pmjones88@gmail.com
http://paul-m-jones.com

Modernizing Legacy Applications in PHP
https://leanpub.com/mlaphp

Solving the N+1 Problem in PHP
https://leanpub.com/sn1php