Debian Project Leader election 2022: First call for votes

2022-04-02 Thread Debian Project Secretary - Kurt Roeckx
Hi,

This is the first call for votes for the 2022 Debian Project Leader
election.

 Voting period starts  2022-04-03 00:00:00 UTC
 Votes must be received by 2022-04-16 23:59:59 UTC

This vote is being conducted as required by the Debian Constitution.
You may see the constitution at https://www.debian.org/devel/constitution.
For voting questions or problems contact secret...@debian.org.

The details of the candidate's platform can be found at:
https://www.debian.org/vote/2022/platforms/

Also, note that you can get a fresh ballot any time before the end of
the vote by sending a mail to
   bal...@vote.debian.org
with the subject "leader2022".

To vote you need to be a Debian Developer.


HOW TO VOTE

First, read the full text of the platform.

You might also want to read discussions with the candidates at
https://lists.debian.org/debian-vote/

To cast a vote, it is necessary to send this ballot filled out to a
dedicated e-mail address, in a signed message, as described below.
The dedicated email address this ballot should be sent to is:

  leader2...@vote.debian.org

The form you need to fill out is contained at the bottom of this
message, marked with two lines containing the characters
'-=-=-=-=-=-'. Do not erase anything between those lines, and do not
change the choice names.

There are 4 choices in the form, which you may rank with numbers between
1 and 4. In the brackets next to your preferred choice, place a 1.
Place a 2 in the brackets next to your next choice. Continue until you
reach your last choice.  Do not enter a number smaller than 1 or larger
than 4.

You may skip numbers, leave some choices unranked, and rank options
equally.  Unranked choices are considered equally the least desired
choices, and ranked below all ranked choices.

To vote "no, no matter what", rank "None of the above" as more desirable
than the unacceptable choices, or you may rank the "None of the above"
choice and leave choices you consider unacceptable blank.  (Note: if the
"None of the above" choice is unranked, then it is equal to all other
unranked choices, if any -- no special consideration is given to the
"None of the above" choice by the voting software).

Finally, mail the filled out ballot to: leader2...@vote.debian.org.

Don't worry about spacing of the columns or any quote characters (">") that
your reply inserts.

NOTE: The vote must be GPG signed (or PGP signed) with your key that is
in the Debian keyring.  You may, if you wish, choose to send a signed,
encrypted ballot: use the vote key appended below for encryption.

The voting software (Devotee) accepts mail that either contains only an
unmangled OpenPGP message (RFC 2440 compliant), or a PGP/MIME mail
(RFC 3156 compliant).  To avoid problems I suggest you use PGP/MIME.

VOTING SECRECY

This is a secret vote. After the voting period there will be a record
of all the votes without the name of the voter. It will instead contain
a cryptographic hash. You will receive a secret after you have voted
that can be used to calculate that hash. This allows you to verify
that your vote is in the list.

VOTING FORM

- - -=-=-=-=-=- Don't Delete Anything Between These Lines =-=-=-=-=-=-=-=-
8802d270-eac5-4cbe-b2f4-1c4e4bba968f
[ ] Choice 1: Felix Lechner
[ ] Choice 2: Jonathan Carter
[ ] Choice 3: Hideki Yamane
[ ] Choice 4: None Of The Above
- - -=-=-=-=-=- Don't Delete Anything Between These Lines =-=-=-=-=-=-=-=-

--

The responses to a valid vote shall be signed by the vote key created
for this vote. The public key for the vote, signed by the Project
secretary, is appended below.

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DPL vote draft ballot

2022-04-02 Thread Kurt Roeckx
Hi,

Here is the draft ballot.

 Voting period starts  2022-04-03 00:00:00 UTC
 Votes must be received by 2022-04-16 23:59:59 UTC

This vote is being conducted as required by the Debian Constitution.
You may see the constitution at https://www.debian.org/devel/constitution.
For voting questions or problems contact secret...@debian.org.

The details of the candidate's platform can be found at:
https://www.debian.org/vote/2022/platforms/

Also, note that you can get a fresh ballot any time before the end of
the vote by sending a mail to
   bal...@vote.debian.org
with the subject "leader2022".

To vote you need to be a Debian Developer.


HOW TO VOTE

First, read the full text of the platform.

You might also want to read discussions with the candidates at
https://lists.debian.org/debian-vote/

To cast a vote, it is necessary to send this ballot filled out to a
dedicated e-mail address, in a signed message, as described below.
The dedicated email address this ballot should be sent to is:

  leader2...@vote.debian.org

The form you need to fill out is contained at the bottom of this
message, marked with two lines containing the characters
'-=-=-=-=-=-'. Do not erase anything between those lines, and do not
change the choice names.

There are 4 choices in the form, which you may rank with numbers between
1 and 4. In the brackets next to your preferred choice, place a 1.
Place a 2 in the brackets next to your next choice. Continue until you
reach your last choice.  Do not enter a number smaller than 1 or larger
than 4.

You may skip numbers, leave some choices unranked, and rank options
equally.  Unranked choices are considered equally the least desired
choices, and ranked below all ranked choices.

To vote "no, no matter what", rank "None of the above" as more desirable
than the unacceptable choices, or you may rank the "None of the above"
choice and leave choices you consider unacceptable blank.  (Note: if the
"None of the above" choice is unranked, then it is equal to all other
unranked choices, if any -- no special consideration is given to the
"None of the above" choice by the voting software).

Finally, mail the filled out ballot to: leader2...@vote.debian.org.

Don't worry about spacing of the columns or any quote characters (">") that
your reply inserts.

NOTE: The vote must be GPG signed (or PGP signed) with your key that is
in the Debian keyring.  You may, if you wish, choose to send a signed,
encrypted ballot: use the vote key appended below for encryption.

The voting software (Devotee) accepts mail that either contains only an
unmangled OpenPGP message (RFC 2440 compliant), or a PGP/MIME mail
(RFC 3156 compliant).  To avoid problems I suggest you use PGP/MIME.

VOTING SECRECY

This is a secret vote. After the voting period there will be a record
of all the votes without the name of the voter. It will instead contain
a cryptographic hash. You will receive a secret after you have voted
that can be used to calculate that hash. This allows you to verify
that your vote is in the list.

VOTING FORM

- - -=-=-=-=-=- Don't Delete Anything Between These Lines =-=-=-=-=-=-=-=-
8802d270-eac5-4cbe-b2f4-1c4e4bba968f
[ ] Choice 1: Felix Lechner
[ ] Choice 2: Jonathan Carter
[ ] Choice 3: Hideki Yamane
[ ] Choice 4: None Of The Above
- - -=-=-=-=-=- Don't Delete Anything Between These Lines =-=-=-=-=-=-=-=-

--

The responses to a valid vote shall be signed by the vote key created
for this vote. The public key for the vote, signed by the Project
secretary, is appended below.

-BEGIN PGP PUBLIC KEY BLOCK-

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Re: Question to all candidates: GDPR compliance review

2022-04-02 Thread Adrian Bunk
On Sat, Apr 02, 2022 at 12:21:24PM +0200, Christian Kastner wrote:
> On 2022-04-02 10:55, Adrian Bunk wrote:
> > Where does our Privacy Policy[1] describe personal data where Debian and 
> > the community team are joint controllers?
> 
> > Where does our Privacy Policy describe personal data where Debian and
> > DAM are joint controllers?
> 
> Has it been established yet that Debian fits the definition of a
> controller as per Article 4 lit. 7 GDPR?
> 
> I can see DAM, or CT, or the DPL possibly being controllers.

What is the identity of DAM or CT?
Likely each individual team members is a controller.

If a person has suffered material or non-material damage as a result of 
a GDPR infringement, each controller or processor can be held liable for 
compensation of the entire damage (Article 82(4)).

> But
> without some form of officially recognized organization, I don't see how
> Debian could be one. "Debian" doesn't even have an address, you couldn't
> even determine which data protection authority has jurisdiction.

What is "The Debian Project" in the Privacy Policy[2]?

Providing the identity and the contact details of the controller is 
mandatory for processing of personal data (Articles 13(1)(a) and 14(1)(a)),
failure to do so is subject to administrative fines of up to 20 Million Euro
(Article 83(5)(b)).

> This is just one of the things that, I think, would be a lot simpler if
> Debian would register as an organization, hence my question [1] to the
> candidates.
>...

This is likely required and desirable, as was also discussed in the 
thread starting with [3].

cu
Adrian

[1] Here in Finland the threshold for gift tax is 5000 Euro.
[2] https://www.debian.org/legal/privacy
[3] https://lists.debian.org/debian-project/2022/03/msg8.html



Re: Question to all candidates: GDPR compliance review

2022-04-02 Thread Ansgar
Hi Adrian,

On Fri, 2022-04-01 at 23:48 +0300, Adrian Bunk wrote:
> Will this handwritten note be available through
> contributors.debian.org?
> 
> If the personal information in the handwritten note did not come 
> directly from the person, who at Debian is responsible to ensure that
> the person gets informed automatically about the existence of the
> note when it is written?
> 
> Same questions, with "local file" instead of "handwritten note".
> 
> Same questions, with "stored on a Debian machine".

I am fairly confident you store personal data about me. Could you
please provide some information about it?

Do you publish a privacy policy?
What data do you store? (Please don't send a copy to the list; private
mail is okay.)
On what legal basis is the data processed?
Where is the data physically stored?
Who besides you has access to the data?
For what purposes might the data be used?
What retention period is defined for the data?
Why was I not informed that data about me is being stored?

Ansgar



Re: Question to all candidates: GDPR compliance review

2022-04-02 Thread Christian Kastner
On 2022-04-02 10:55, Adrian Bunk wrote:
> Where does our Privacy Policy[1] describe personal data where Debian and 
> the community team are joint controllers?

> Where does our Privacy Policy describe personal data where Debian and
> DAM are joint controllers?

Has it been established yet that Debian fits the definition of a
controller as per Article 4 lit. 7 GDPR?

I can see DAM, or CT, or the DPL possibly being controllers. But
without some form of officially recognized organization, I don't see how
Debian could be one. "Debian" doesn't even have an address, you couldn't
even determine which data protection authority has jurisdiction.

This is just one of the things that, I think, would be a lot simpler if
Debian would register as an organization, hence my question [1] to the
candidates.

[1] https://lists.debian.org/debian-vote/2022/03/msg00135.html



Re: Question to all candidates: GDPR compliance review

2022-04-02 Thread Adrian Bunk
On Fri, Apr 01, 2022 at 09:25:46PM +0200, Jonathan Carter wrote:
> On 2022/04/01 20:28, Adrian Bunk wrote:
> > Would you commit to something more specific, like that our Data
> > Protection team will reply to debian-project within 3 months discussing
> > all issues mentioned in the discussion at [1] so far, and with their
> > reply having been proof-read by our GDPR lawyer?
> 
> > [1]https://lists.debian.org/debian-project/2022/03/msg8.html
> 
> That mail asks a bunch of very, very broad questions. My opinion is that
> it's better to direct specific problems at the data protection team as
> noodles suggested.

Then let's start with some very specific questions based on the email
I just sent to Sam:

Where does our Privacy Policy[1] describe personal data where Debian and 
the community team are joint controllers?
On what legal basis is the data processed?
Where is the data physically stored?
Who has access to the data?
For what purposes might the data be used?
What retention period is defined for the data?
How are people being informed when data about them is being stored?

Where does our Privacy Policy describe personal data where Debian and
DAM are joint controllers?
On what legal basis is the data processed?
Where is the data physically stored?
Who has access to the data?
For what purposes might the data be used?
What retention period is defined for the data?
How are people being informed when data about them is being stored?

These are specific questions about items that are supposed to be 
written in our Privacy Policy.

> -Jonathan

cu
Adrian

[1] https://www.debian.org/legal/privacy



Re: Question to all candidates: GDPR compliance review

2022-04-02 Thread Adrian Bunk
On Fri, Apr 01, 2022 at 04:57:38PM -0600, Sam Hartman wrote:
> > "Adrian" == Adrian Bunk  writes:
> Adrian> Your "services" approach does not work for the non-trivial
> Adrian> cases where Debian might be a (joint) controller of personal
> Adrian> data.
> 
> Adrian> The Debian Community Team promises confidentiality regarding
> Adrian> personal information they receive about other people,[1]
> Adrian> which conflicts with the legal obligation of informing the
> Adrian> person about whom personal information is being processed or
> Adrian> stored.
> 
> Based on legal advice I received while acting as DPL, the above is not
> correct.
> Most of the information the community team process is not information we
> would need to disclose in response to a GDPR subject access request.

Where does Debians Privacy Policy[1] describe this personal data where
Debian and the community team are joint controllers?

Where is the data stored?
Who has access to the data?
For what purposes might the data be used?
What retention period is defined for the data?

> Debian has already dealt with at least one subject access request  that
> dealt significantly with information held by DAM in its role as a
> delegated team.

Where does Debians Privacy Policy[1] describe this personal data where 
Debian and DAM are joint controllers?

> Some of that information was responsive; some of that information was
> covered by exceptions.

This covers only a part where Debian might be compliant with the law.

>...
> > If the personal information in the handwritten note did not come
> > directly from the person, who at Debian is responsible to ensure that
> > the person gets informed automatically about the existence of the note
> > when it is written?
>...

Exceptions might cover not having to disclose the contents of the data 
in some cases, but I would still expect that the person has to be 
informed that information exists.

See [2] for background in what context I started thinking about these issues.

>...
> The data protection team was looped into the process we and our lawyer
> used in responding to the request.
> The data protection team (and my successor as DPL) received copies of
> the legal advice we received.

Are you saying that all handling of personal data in Debian is following 
the law, or are you just trying to make me stop asking inconvenient 
questions?

I am feeling stonewalled and stalled regarding any attempts of receiving 
a review of handling of personal data in Debian, with a schedule that 
would be appropriate for potential illegal activity.

I would like to emphasize and repeat [3,4]:
IANAL and it is more likely than not that some things I am writing are 
not correct. What I want is to see the results of a proper review by
an actual lawyer.

If I fail to achieve visible progress on this topic inside Debian,
the obvious option for getting a second opinion is to make a formal
request for all personal data about me in Debian, followed by asking
my questions to the Finnish Data Protection Ombudsman.

If everything I am writing is just wrong, then I will be told just that 
by the ombudsman.

> --Sam

cu
Adrian

[1] https://www.debian.org/legal/privacy
[2] https://lists.debian.org/debian-project/2022/03/msg00010.html
[3] https://lists.debian.org/debian-project/2022/03/msg8.html
[4] https://lists.debian.org/debian-vote/2022/03/msg00270.html