Update code-of-conduct.md to resolve CNCF out of compliance activity.

[usrbinkat]

Problem

The CNCF KubeCon NA 2024 event has been organized in a state actively discriminating against and deputizing civilians to weaponize government against an at risk minority with non-trivial representation in the larger cloud native community.

This continued pattern of non-compliance with CNCF CoC should be corrected via behavioral change, or policy change to eliminate risks to the CNCF of being perceived as being above accountability to their own policies.

Resolution

Correct the Code of Conduct to correctly reflect CNCF behavior and resolve the out-of-compliance actions of the CNCF with regards to their promotion of community events in discriminatory hostile venues. By updating the CoC, adherence to the CoC can be resolved and this change commit can be referenced as the official determination of the CNCF if future complaints of gender discrimination are raised.

[TimBanks]

The proposed change creates a CoC that accurately reflects the CNCF’s values accord to their actions vs the stated ones.

[jbeda]

I hate to see this change but it is worth calling a spade a spade. I’m disappointed that the CNCF continues to pick venues where any reasonable person can see where things are headed. How many times are we going to go through this.

Dan would be ashamed of this.

[liggitt]

As the CNCF has already explained, there is no impact to KubeCon attendees.

This PR should be closed.

[crenshaw-dev]

"No impact" is a pretty big overstatement of what the linked page actually says.

What I take away is "if the understanding of relevant law enforcement, hotel/airport/venue/local business staff, and the general public aligns with the ACLU's interpretation of HB 257, the immediate legal impact of the legislation should be minimal."

[usrbinkat]

I will clarify the impact to KubeCon attendees.

The state of Utah has mobilized untrained deputized civilians. Those individual activists likely to question individuals under HB 257 are not subject to proper training or education of this law, and are often motivated by fear and hate to question anyone's genitalia.

This should be of great concern to the entire gender spectrum, trans identifying, and non, as cis gender people also experience harassment from gender critical activists.

While the current letter of the law may not apply to the facilities utilized by the event organizers and event partners, a state sanctioned culture of discrimination often leads to escalating boldness and an increase in discriminatory harassment in and beyond the legal scope of state sanctioned discrimination laws.

This event was organized before HB 257 was passed into law, however many state's similar legislation is not a new or surprising result as the legislation in question was already proposed and well known in the transgender community for states including Utah and other hotbeds of gender critical activism.

This situation can be entirely avoided with proper transgender representation in future CNCF planning and event organizing efforts.

The current statement provided by the CNCF fails to address how this type of risk will be mitigated in the future, or if it will even be a consideration in future event planning.

Until and unless preventative policy is adopted to avoid this type of risk in the future, I recommend this PR to remain open and or merged to facilitate CNCF remediation or compliance with the CoC.

[TimBanks]

As the CNCF has already explained, there is no impact to KubeCon attendees.

This PR should be closed.

This not something the CNCF can predict or guarantee. It would be akin to saying “running kubernetes will guarantee you 100% uptime”.

The statement is immaterial to the stated issue.

[deads2k]

This continued pattern of non-compliance with CNCF CoC should be corrected via behavioral change

The CNCF CoC does not cover the actions of governments.

Additionally, I agree with the comment above that this PR should be closed.

[endocrimes]

"No impact" is a pretty big overstatement of what the linked page actually says.

Not to mention the contributors who won't be attending because Utah is unsafe (which includes the entire leadership of some SIGs). Thus meaning the broader community and user-base misses out on the valuable interactions that occur at events.

[mlbiam]

No one should have to look over their shoulder when attending KubeCon. The fact that the law is crafted to deputize untrained citizens to report on others means that we're relying on police and authority discretion. I wouldn't want to be in that position. I can't imagine anyone else would be either.

[RainofTerra]

I'm a trans woman, a platform engineer, a previous target for mob harassment, someone who owns a home in the state of Utah, and someone who has immediate trans family in Salt Lake City.

Utah is categorically unsafe for trans people. The letter of the law might be able to be interpreted as not affecting people at the airport, at a rest stop, at a convention center, at a train station, etc. - but the fact that Utah has deputized its citizens against trans people in the same way Texas did against pregnant women seeking medical care means that the reality of the situation is that you are constantly under threat in the state. The CNCF should live its values or it should not bother having them.

[kaniini]

As the CNCF has already explained, there is no impact to KubeCon attendees.

This PR should be closed.

The issue isn’t the event facility, @liggitt. Frankly it is not even about bathrooms.

It is about the risk of women, trans or otherwise, being confronted by random citizens who see themselves as being deputized members of the gender police while visiting Salt Lake as a whole during the event. That includes, say, walking to the event from the hotel, for example. Because the person who wants to commit violence will just tie it back to the bathroom law after they already committed the violence.

The impact is that anyone who does not fit some random person’s mold of what a gender should be may find themselves in a situation where they are violently confronted because of this, which means that anyone who does not fit the heteronormative norm is at risk of a violent confrontation, a confrontation that is seen as being supported by the state in the view of the person doing the confrontation.

If the Linux Foundation is committed to diversity, then it must be committed to the safety of conference participants by not putting them in a situation where they are at risk of a violent encounter. Otherwise, they are not committed to the wellbeing of the community.

[chris-short]

Not to mention the contributors who won't be attending because Utah is unsafe (which includes the entire leadership of some SIGs). Thus meaning the broader community and user-base misses out on the valuable interactions that occur at events.

To @endocrimes point, this will be the first KubeCon NA that I'm not going to attend since 2017 for all the reasons mentioned by my LGBTQ+ friends above.

[to-json]

does not cover the actions of governments

government action isn't the out-of-compliance behaviour being described.

If Kubecon were to be held at the bottom of the sea, it would be a big problem for attendees without gills, but no one would assert that Kubecon causes drowning. They might, however, assert that Kubecon callously created a dangerous situation for attendees without gills. It would be in conflict with the stated CoC, and to remove that conflict, it would be helpful to state, explicitly, that the CoC's protections only apply to attendees with gills, or, another means of breathing underwater.

This probably didn't need clarification, but, I hope that helps anyway

[cartermp]

I'd like to petition for CNCF leadership to reconsider the statement they made about this:

We are dedicated to creating a safe and welcoming environment for everyone at our events. We will likely find ourselves holding events in other locations with similar legislation moving forward. Please know that our commitment in these cases will always be to ensure safety and inclusiveness at our events, and support of the local organizations fighting for equal human rights.

I don't agree with accepting that this will be the case instead of proactively seeking venues in locations where the likelihood that hateful legislation like this won't get passed. They can't see in to the future, but let's be real -- there are states we all know are a lot less likely to pass anti-trans legislation than other states, and it's entirely possible to plan for that.

[AaronFriel]

We will likely find ourselves holding events in other locations with similar legislation moving forward.

This statement is disappointing and sends a strong signal that the CNCF does not value the safety of the transgender community. This signal will be heard by the community members of the CNCF and legislators (through lobbyists, trade organizations, et al.). When organizations like the CNCF continue to host events and bring visitors, money, and acclaim to cities and states hosting these events, they will hear loud and clear that those organizations are OK with the rules being passed. Local and state officials see this, they see that even after passing draconian laws that big tech companies still showed up. To not do anything in response is to be complicit in supporting those laws.

If nothing else, the CNCF should clearly state that it will take these concerns into account in the future and not spend enormous sums of sponsor dollars and burn community good will by no longer hosting future events in places with such laws, and proactively plan only to host events in regions that have not broadcast their intentions in passing such legislation.

As a corporation, the CNCF must vote with its dollars, and as a community, individuals will vote with participation. It's sad to see the CNCF disregard its role in fostering good outcomes for both and its responsibility to protect its members.

[esoterra]

I don't agree with accepting that this will be the case instead of proactively seeking venues in locations where the likelihood that hateful legislation like this won't get passed. They can't see in to the future, but let's be real -- there are states we all know are a lot less likely to pass anti-trans legislation than other states, and it's entirely possible to plan for that.

I'd like to echo this point. Anti-trans legislation in Utah is not a new thing and this was foreseeable.

Here's Erin Reed's anti-trans legislation map from a year ago and recently:

https://www.erininthemorning.com/p/may-anti-trans-legislative-risk-map

https://www.erininthemorning.com/p/anti-trans-legislative-risk-assessment-96f

[Anusien]

I find it weird that the statement linked above about HB257 goes out of its way to criticize the discussion around the bill, but it doesn’t actually take a position against the bill itself.

Even if their statement is correct and no attendees will be harassed because of the bill, that’s not enough. The COC says that members of the community are welcomed. Regardless of the text of the bill, CNCF has failed here.

[CrowderSoup]

I'm a resident of Salt Lake City. I was excited when I saw KubeCon was coming here. Then HB257 happened.

As a resident of this beautiful state, please PLEASE do not hold KubeCon here. The safety of trans individuals is questionable at best. While they may not technically run afoul of any laws they are very much at risk of harassment or worse.

The only way things get better here is to make it hurt for the people with money. I've spoken with my legislators and they are convinced that tourism will not be hurt in any real way.

Please, let's prove them wrong. Show them they can't expect to have their cake and eat it too. Show them that their hate has consequences.

Finally, SHAME on CNCF for even considering holding the conference here still. Shame on you for valuing dollars already spent over the lives of some of your most prolific contributors. Shame on you for implicitly endorsing hate.

[swharr]

As a resident of Utah, and member of the CNCF with many friends who would attend KubeCon/CNCF NA, I am embarrassed at the behavior of my legislators and governor and even more worried that this Auditor’s office effort to investigate claims of who use a bathroom and when will impact people who don’t deserve it.

As someone pretty politically connected, there is no way that HB257 does not apply to the convention center. Salt Lake City is a political subdivision of the state, as such the taxing and operations district that manages the convention center is owned by Salt Lake City Corporation, and so this law would most certainly apply.

The fact that the CNCF refuses to move this event (yeah they logistics are bad timing for sure) needs to be addressed promptly.

[ahrkrak]

Much as I understand the quandary facing the CNCF, having already contractually committed to the venue, and much as I also understand that the law will not directly impact our trans friends and colleagues in the venue (as only changing rooms and not restrooms are in scope for non-school government premises), the state of Utah has made clear it is not welcoming to the trans community and on balance therefore I personally support the proposal to move or cancel KubeCon NA 2024 as a matter of principle and as a clear expression of the primacy of inclusivity in line with the CNCF's professed values.

[austinlparker]

As a project maintainer, I find it difficult to reconcile our values and code of conduct with the decision to host KubeCon in a state that actively discriminates against individuals on the basis of gender identity. I certainly understand the challenges (and timelines) involved in venue selection, but it feels like we can do better than this.

I would also point out that the ACLU guidance linked from the KubeCon page (https://www.acluutah.org/en/know-your-rights/faqs-hb-257) doesn't seem to agree with the reality of what actually has happened (per https://www.acluutah.org/en/press/comment-snitch-line-launched-utah-state-auditor).

[ImplausibleGrrl]

"It is possible that trans and non-binary attendees won't actually be affected if a completely untested legal theory of how the law works in practice is correct, but if we are wrong about it they could be facing 3rd degree felony charges and may also face dangerous harassment from other people or police who wrongly feel empowered by Utah HB257 to 'police' transgender people regardless of the strict applicability of the law at the venue, hotels, and other locations.

But it won't affect us personally, and we have declared that we will not take into consideration the dangers posed this or similar laws in other jurisdictions to trans and non-binary attendees when choosing future locations for KubeCon." - Signed 🤡

"That said, HB 257 requires government entities to contact law enforcement if they receive complaints or allegations about criminal behavior in a privacy space, which includes entering a sex-designated changing room that does not correspond to one’s “biological sex.” Accordingly, people that others suspect “do not belong” in a particular “privacy space” might be subjected to interactions with law enforcement even when those spaces are not covered by the law." - Utah ACLU FAQ referenced by KubeCon.

[jmink]

I'm a trans Director of Platform Engineering.  Last year I sent the majority of my several team platform engineering group to Kubecon.  I will not be doing that this year.

As technology experts we're part of building a better future.

Kubecon is abdicating its responsibility to both its current technical community, as well as to building a better future.  Do better.

That might look like declaring all rest rooms in the conference center gender neutral so no one could be going into the wrong bathroom.

It could look like Code of Conduct rules making it clear that anyone who discriminates or reports people based on gender identity will not be welcome back.

It could look like offering a free live stream for anyone who identifies as trans.

The conference could put out a statement condemning the new law and publicly stating they won't be back until it's changed.

A legal fund for defense of trans attendees could be set up in case anyone is targeted.

There are many approaches Kubecon could take to come down on the side of ethics. This PR is not that.   Do better.

[lizthegrey]

I'd like to petition for CNCF leadership to reconsider the statement they made about this:

We are dedicated to creating a safe and welcoming environment for everyone at our events. We will likely find ourselves holding events in other locations with similar legislation moving forward. Please know that our commitment in these cases will always be to ensure safety and inclusiveness at our events, and support of the local organizations fighting for equal human rights.

I don't agree with accepting that this will be the case instead of proactively seeking venues in locations where the likelihood that hateful legislation like this won't get passed. They can't see in to the future, but let's be real -- there are states we all know are a lot less likely to pass anti-trans legislation than other states, and it's entirely possible to plan for that.

This is a big fucking yikes from me. A local venue policy cannot override state legislation that makes the event unsafe for a significant portion of attendees. This type of legislation is not inevitable, and one mechanism of supporting those local organisations is to threaten to pull spending in states enacting bills if such bills are passed.

[undefinedopcode]

As a trans person, I find the CNCF response acutely lacking. A retro computing conference I attend sought a new venue because the state in question introduced trans hostile legislation. They understood that their duty of care extended beyond the walls of the venue, whose safety is still questionable regardless of the intent of the organisers.

[staceypotter]

I agree with the sentiments expressed by so many on this PR, thank you all for sharing your lived experiences and for pushing for us all to be and do better. ❤️

I also think we should all be curious about the research, standards, and criteria by which host cities/states are ranked within CNCF when evaluating for events such as KubeCon. Are they using things like Equality Maps among others when evaluating host cities/states? Some States have been "in the red" for YEARS, passing discriminatory legislation and these things shouldn't come as a shock most of the time if trends are being tracked. Is there a ranking system for cities/states that do/don't meet CNCF Code of Conduct Standards/Policies when evaluating?

While I can appreciate booking venues years in advance is not easy, in this day in age there should be contingency plans in place for when these things happen. Perhaps even legal language within contracts - if host cities are in states that are "higher risk" of violating CNCF CoC/standards/policies/criteria - that makes a contingency plan easier to execute.

As an aside, being part of the LGBTQIA+ community myself, having straight, white, cis-gender males telling us we're not being "impacted" & the issue should be closed is not the compassionate & empathetic response I would expect from an otherwise inclusive and diverse community.

[swharr]

Here is an update from the Utah State Auditor about the enforcement and the website that @usrbinkat linked to for the "snitch".

my original concerns remain, and I support moving the conference from Utah in the interest of the safety, well being, and emotional aspects of our friends, colleagues and other community members may face because of the CNCF's actions of keeping the conference in Salt Lake City.

[guineveresaenger]

Apologies for being so late here; I've been out sick.

Explicit +1 for this pull request from me, a former Kubernetes Release Lead, for all the reasons stated above by other supporters of this PR.

Furthermore: I'm not trans and frankly the fact that so many trans folks contributors are commenting on this pull request, needing to stand up for themselves because no one else will is pretty telling.

[lizthegrey]

FWIW, this has been reworded as of May 9, 2024:

We are dedicated to creating a safe and welcoming environment for everyone at our events. When we evaluate locations for conferences, we endeavor to choose locations that make our events accessible to our diverse global community, and during the selection process we do consider local laws that are in effect at the time the location is chosen. However, laws can change after we have already committed to a venue and signed dozens of legally binding contracts with the venue, hotels, and vendors that cannot be canceled. Thus, it is possible that we will find ourselves in a similar situation in the future. Please know that our commitment in these cases will always be to ensure safety and inclusiveness at our events, and support of the local organizations fighting for equal human rights.

I would have preferred that the CNCF had acknowledged the harm this statement caused with a new post, instead of a silent edit.

Agree. This is definitely much better to recognise that there is harm. I still won't be going though :(

[usrbinkat]

In recognition of the CNCF's public acknowledgment of the situation I'm am in favor of closing this PR for the time being.

I want to personally recognize all of the community members, allies, friends and supporters who mobilized to raise the profile of this concern. Protecting all community members from preventable risk is and will remain a core tenant that drives community mobilization and feedback.

As feedback for the future, I am saddened that it required pressure applied to get a response from the CNCF on this concern, and closing the loop on this PR would have been a good olive branch worth seeing.

Looking to future events, the community will continue to monitor for CNCF adherence to the spirit of our Code of Conduct's values. Resources, literature, reporting tools, and individual contacts have all been raised in this PR. Each worth consideration for supporting the CNCF in mitigating such a situation again in the future.