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Cate Danielson 2021-04-14 00:05:01 +00:00
parent 607ff3cbc0
commit 094a654f1a
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@ -73,7 +73,7 @@ Are forums hosted in Germany really forced to operate
non-transparently and conceal such conflicts of interest from the non-transparently and conceal such conflicts of interest from the
public? *Unlikely*. public? *Unlikely*.
For Codeberg to allege CFT tracks "personal data" with social media For Codeberg to allege CFT tracks "`personal data`" with social media
identities is perversely deceptive. CFT did not track personal data identities is perversely deceptive. CFT did not track personal data
or dox any social media identities. The social media identities were or dox any social media identities. The social media identities were
listed and only *public* data was shared -- data that is already listed and only *public* data was shared -- data that is already
@ -88,22 +88,22 @@ of that tweet. If Codeberg's assertion above were true, then Twitter mirror sit
would be banned in Germany for republishing the tweets of Germans. would be banned in Germany for republishing the tweets of Germans.
We know this is not true because Germans have access to the mirror sites. We know this is not true because Germans have access to the mirror sites.
Codeberg's false accusation of illegal activity came with destructive Codeberg's *false* accusation of *illegal* activity came with *destructive*
removal of forked repositories removal of forked repositories
[without warning, without redress, and while refusing explanation](https://codeberg.org/shadow/SpywareWatchdog/issues/77#issuecomment-188170) [without warning, without redress, and while refusing explanation](https://codeberg.org/shadow/SpywareWatchdog/issues/77#issuecomment-188170)
to the users whose data they destroyed. to the users whose data they destroyed.
In response, Codeberg In response, Codeberg
[claims](https://codeberg.org/shadow/SpywareWatchdog/issues/77#issuecomment-188178) [claims](https://codeberg.org/shadow/SpywareWatchdog/issues/77#issuecomment-188178)
they had to act immediately to what they perceived as illegal they had to act immediately to what they perceived as *illegal*
activity. Even if we were to accept that the already public data activity. Even if we were to accept that the already public data
somehow became sensitive merely by replication, the correct somehow became sensitive merely by replication, the correct
non-reckless action is to quarantine the data in a non-public state non-reckless action is to quarantine the data in a non-public state
until court proceedings or settlement could commence. For Codeberg to until court proceedings or settlement could commence.
destroy people's work, and also destroy what they believed was For Codeberg to destroy people's work, and also destroy what they believed was
evidence of illegal activity was nothing short of reckless. evidence of illegal activity was nothing short of reckless.
Codeberg's haphazard response has actually created a legal liability Codeberg's haphazard response has actually created a legal liability
for themselves, as they needlessly destroyed people's work without due for themselves, as they *needlessly* destroyed people's work without due
diligence. diligence.
A take-down request implemented properly and fairly to all sides is A take-down request implemented properly and fairly to all sides is
@ -118,35 +118,34 @@ This is just a statement of Codeberg's interpretation of law. Note
that Codeberg does not accuse CFT of this, as doing so would be libel that Codeberg does not accuse CFT of this, as doing so would be libel
against CFT. So it's unclear what purpose this statement serves other against CFT. So it's unclear what purpose this statement serves other
than to imply an accusation without stating it. Such weasel wording than to imply an accusation without stating it. Such weasel wording
is designed to deceive the public while dodging legal accountability. is designed to *deceive* the public while dodging legal accountability.
> - Considering reports we received, a significant number of claims and > - Considering reports we received, a significant number of claims and
> statements were factually false. > statements were factually false.
CFT has received only **one** complaint. It involved one social media CFT has received only **one** complaint. It involved one social media
alias that was listed and it turned out to be a misunderstanding alias that was listed and it turned out to be a misunderstanding
surrounding the word "*support*". The listed party claimed to not surrounding the word "`support`". The listed party claimed to not
personally condone Cloudflare and thus claimed to not be a Cloudflare personally condone Cloudflare and thus claimed to not be a Cloudflare
"supporter" on that basis. "supporter" on that basis.
But investigation of [public statements](https://codeberg.org/swiso/website/issues/141#issuecomment-69593) But investigation of [public statements](https://codeberg.org/swiso/website/issues/141#issuecomment-69593)
by that individual revealed that the other party actually supported by that individual revealed that the other party *actually* supported
Cloudflare operationally. Note that Codeberg destroyed the Cloudflare *operationally*. Note that Codeberg *destroyed* the
investigation logs which led to the finding, so we can't cite them investigation logs which led to the finding, so we can't cite them here.
here.
> The pure existence of lis ts "Enemies of X" is by all rational means > The pure existence of lists "Enemies of X" is by all rational means
> unlikely to have any other purpose than public shaming, defamation, > unlikely to have any other purpose than public shaming, defamation,
> threatening and libel. These are generally considered illegal in > threatening and libel. These are generally considered illegal in
> German law and elsewhere. > German law and elsewhere.
The mere existence of a list of Cloudflare supporters certainly does The mere existence of a list of Cloudflare supporters certainly does
*not* imply shaming. The list *can potentially* be used for shaming *not* imply shaming. The list *can potentially* be used for shaming
or praising, as well as in countless ways orthogonal to both praise or praising, as well as in countless ways orthogonal to both *praise*
and shame. Codeberg further produces no evidence that the list was and *shame*. Codeberg further produces *no evidence* that the list was
used for shaming (which should be quite easy to do if they've had used for *shaming* (which should be quite easy to do if they've had
complaints on the scale that they allege). complaints on the scale that they allege).
It's important to establish bias so that readers can assess the It's important to establish *bias* so that readers can assess the
accuracy of statements made by someone who is biased. This is why accuracy of statements made by someone who is biased. This is why
aliases of those entrusted with advice on matters of privacy were aliases of those entrusted with advice on matters of privacy were
collected. It's important to track the underlying bias behind privacy collected. It's important to track the underlying bias behind privacy
@ -164,8 +163,8 @@ Codeberg [said](https://web.archive.org/web/20210406012737/https://blog.codeberg
(emphasis added) (emphasis added)
Data published on Twitter and public forums is not sensitive. Anyone Data published on Twitter and public forums is *not* sensitive. Anyone
who posts in a public space and later has regrets, they have only who posts in a *public space* and later has regrets, they have only
themselves to blame. themselves to blame.
Once you share your information publicly, you can't control them anymore. Once you share your information publicly, you can't control them anymore.
@ -175,14 +174,14 @@ Once you share your information publicly, you can't control them anymore.
> their social media accounts and allegedly blamed as Cloudflare > their social media accounts and allegedly blamed as Cloudflare
> supporters without an evidence > supporters without an evidence
CFT was never asked for evidence. Only one complaint was received. CFT was never asked for evidence. Only *one* complaint was received.
It was investigated and evidence was provided to the subject. It was investigated and evidence was provided to the subject.
> We started a discussion with the maintainers of this repository and > We started a discussion with the maintainers of this repository and
> asked to remove these sensitive information, that are apparently for > asked to remove these sensitive information, that are apparently for
> shaming people (defamation), > shaming people (defamation),
CFT did not "shame" or "defame" anyone, and no evidence was given to CFT did not "*shame*" or "*defame*" anyone, and no evidence was given to
that effect. Codeberg admitted earlier that their assumption is that that effect. Codeberg admitted earlier that their assumption is that
a list of Cloudflare supporters inherently shames people. Yet the a list of Cloudflare supporters inherently shames people. Yet the
list is objective. It's for the reader to decide if the list is of list is objective. It's for the reader to decide if the list is of
@ -232,11 +231,11 @@ their employees, so it's already public information.
> Cloudflare-supporters, but critical opponents of this company, and > Cloudflare-supporters, but critical opponents of this company, and
> thus could not even imagine a reason for being listed there. > thus could not even imagine a reason for being listed there.
CFT only received one complaint regarding one individual. CFT has CFT only received *one* complaint regarding *one* individual. CFT has
continously been in GDPR compliance at all times. Codeberg destroyed *continously* been in GDPR compliance at *all times*. Codeberg destroyed
the repository anyway. the repository anyway.
"*Support*" comes in many forms. You can support Cloudflare by "`Support`" comes in many forms. You can support Cloudflare by
praising it, or you can support Cloudflare through actions (which may praising it, or you can support Cloudflare through actions (which may
even be unwitting to the supporter). In the one case that CFT even be unwitting to the supporter). In the one case that CFT
investigated, the subject's understanding narrowly assumed "support" investigated, the subject's understanding narrowly assumed "support"
@ -247,7 +246,7 @@ was limited to philosophical praise.
This is weasel wording, as directly accusing CFT of attacking or This is weasel wording, as directly accusing CFT of attacking or
threatening Cloudflare supporters would constitute libel on the part threatening Cloudflare supporters would constitute libel on the part
of Codeberg. So they try to imply it. These claims can only be of Codeberg. So they try to *imply* it. These claims can only be
ignored in the absence of evidence. ignored in the absence of evidence.