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Re: This does not have to be a GR



Bill Allombert dijo [Tue, Nov 21, 2023 at 10:26:09PM +0100]:
> Dear Debian voters,
> 
> While Debian has stakes in the CRA, and should issue a statement if
> only to show we exists, I am quite sure that a GR is not necessary for Debian
> to issue such statement, and I am quite unconvinced the GR process is the best
> option for the purpose of drafting such statement.
> 
> I note that this is not the first law proposal that impact Debian and we never
> did used the GR process for issuing a position statement.

We never did _successfully_ use it. We have _tried_ to use it
(i.e. 2021_002).

I suggesteed we do a GR to give the proposal, in case it gets
accepted, more legitimacy. We can, IMO, express the project opinion
via:

① A personal initiative / delegation from the DPL (that can stem from
  a request made to them or can be initiated by the DPL themself),

② The Technical Committee, requested formally by project members, or
  speaking of its own initiative (at some point, I argued that one of
  the the TC members could be the "Random DD" asking the Tc for their
  opinion on a given matter), or

③ The GR process.

At this point, and in part given that GR 2021_003 introduced time
limits, I think the GR process might produce the swiftest results, and
it will yield the best legitimacy-wise (i.e. the whole project is
invited to debate and improve the proposed text, and accept it
above/below the approval threshold.

> The DPL could delegate to a group of people knowledgeable in EU law to draft
> a statement that is congruent with the interest of Debian.

This text was in fact drafted by a lawyer (I don't know if by a _set_
of lawyers) and discussed among DDs at several in-person meetings
before reaching this stage. I strongly advocated using the GR process,
as it has already been subjected to a long discussion, and the
timeframe for it to be usefully considered is drawing to an end.

Please do note that I did not submit the text myself: I thought it
would be better if Santiago, who was the only present DD with European
nationality (French), to be the presenter (and me being "just" a
seconder). But yes, I stand behind arguing for this document to be
GR'ed. 

> EU law is significantly different from US law and publishing a statement that
> either misrepresent the CRA or the current state of EU law is not likely to
> be taken seriously, so we need some care.
> 
> We have legitimate reasons to feel concerned by the impact of this law, but
> all the more reasons to act cautiously.
> 
> I advocated previously against using the GR process to issues statements
> related to non-technical issues outside of Debian and I reiterate it here.

I believe it is the right venue to process and discuss this kind of
arguments. I'm willing to have this discussion as well --- but do note
that the GR proposal has already been submitted.

Of course, seconders can "un-second" it, and the Secretary might
decide to withdraw the process if it happens. But I believe there is
no reason for this to continue its course, maybe in parallel to this
discussion.

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