Re: [Repo-criteria-discuss] Resolving the C2 question

[Aaron Wolf]

On 08/03/2016 09:24 AM, Zak Rogoff wrote:
> Hi Richard (repo-criteria-discuss on CC),
> 
> There's been a lot of discussion about the C2 repository criterion, and
> it was mentioned in the Ars Technica article about the project recently.
> I think we might need to clarify it. The concern revolves around
> situations in which repos are compelled to discriminate against certain
> users by governments. When they are truly compelled to do it, it doesn't
> seem like we should downscore repositories for discriminating/censoring
> content, right?
> 
> It seems like there are two dimensions upon which the relevant types of
> censorship can vary:
> 
> 1) Does the body requesting censorship by the repo service have actual
> power to force the repo service to do the censorship (as in the case of
> a US-hosted repo service being forced to remove content based on US
> laws), or not (as in the case of Russia asking Github, which is an
> American company, to make certain material inaccessible to Russian users)?
> 
> 2) If the service complies with the request and censors the material, do
> they do it by completely removing it from the site, making it
> inaccessible to all users, or do they use geolocation or similar to
> restrict access to certain areas and not others?
> 
> It sounds like the action item for this is to clarify C2 to say
> something like:
> 
> "Does not discriminate against classes of users, or against any country,
> unless legally required to do so by a government that has direct
> jurisdiction over the repository services' physical operations. Services
> that choose to employ geotargetted censorship of any material to comply
> with requests that do not bear the force of law over their actual
> operations are still in violation of this criterion. (C2)"
> 
> What do you think?
> 

The wording could be simpler rewritten as:

"Except where legally compelled by a government that has direct
jurisdiction over the repository services' physical operations, the
service does not discriminate against classes of users, or against any
country. (C2)"

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