On-real-names.md (5742B)
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- title: On "real name" policies
- date: 2023-10-31
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- Some free software projects reject anonymous or pseudonymous contributions,
- requiring you to author patches using your "real name". Such projects have a
- so-called "real name" policy; Linux is one well-known example.[^1]
- [^1]: A [change to Linux policy][1] earlier this year refines their approach to
- alleviate the concerns raised in this article.
- [1]: https://git.kernel.org/pub/scm/linux/kernel/git/torvalds/linux.git/commit/?id=d4563201f33a022fc0353033d9dfeb1606a88330
- The root motivations behind such policies vary, but in my experience the most
- often cited rationale is that it's important to establish the provenance of the
- contribution for copyright reasons. In the case of Linux, contributors are asked
- to "sign-off" their commits to indicate their agreement to the terms of the
- Developer Certificate of Origin (DCO), which includes clauses like the
- following:
- > The contribution was created in whole or in part by me and I have the right to
- > submit it under the open source license indicated in the file.
- To some extent, the DCO serves as a legal assertion of copyright and an
- agreement to license a work under given copyright terms (GPLv2 in the case of
- Linux). This record also means that the author of the code is accountable in
- case the copyright is challenged; in the case of an anonymous or pseudonymous
- contributor you're shit out of luck. At that point, liability over the
- disagreement would likely fall into the hands of the maintainer that accepted
- the contribution. It is reasonable for a maintainer to ask a contributor to
- assert their copyright and accept liability over the provenance of their code in
- a legally meaningful and accountable form.
- The possibility that someone may have something useful to offer to a free
- software project, but is not comfortable disclosing their name for any number of
- reasons, is a reasonable supposition. A maintainer whose "real name" policy is
- challenged on this basis would also be reasonable in saying "I feel for you, but
- I cannot agree to accept legal liability over the provenance of this code,
- nor can I communicate that risk to end-users who acquire code under a license
- that may or may not be valid as such".
- "Real name" policies are controversial in the free software community. I open
- with this perspective in an attempt to cool down the room. Those who feel
- marginalized by "real name" policies often skew young, and many treat matters
- such as copyright and licensing with disdain. Moreover, the problem tends to
- inflame deeply hurtful sentiments and raise thorny matters of identity and
- discrimination, and it's easy to construe the intent of the policymakers as the
- intent to cause harm. The motivations behind these policies are reasonable.
- That said, intent or otherwise, these policies can cause harm. The profile of
- the contributor who is comfortable using their "real name" is likely to fall
- more narrowly into over-represented demographics in our community; enforcing a
- real-name policy will ostracize some people. Those with marginalized identities
- tend to be less comfortable with disclosing their "real name". Someone who has
- been subject to harassment may not be comfortable with this disclosure, since it
- offers more fuel to harassers keeping tabs on their activities. The use of a
- "real name" also confers a gender bias; avoiding a "real name" policy neatly
- eliminates discrimination on this basis. Of course, there are also many
- [falsehoods programmers believe about names][0] which can present in the
- implementation of such a policy.
- [0]: https://www.kalzumeus.com/2010/06/17/falsehoods-programmers-believe-about-names/
- There is also one particular problem which has been at the heart of conflict
- surrounding the use of "real-name" policies in free software: transgender
- identities. A transgender person is likely to change their name in the process
- of assuming their new identity. When this happens, their real name changes.
- However, it may or may not match their legal name -- some trans people opt to
- change it, others don't; if they do it is a process that takes time. Meanwhile,
- addressing a trans person by their old name, or "deadname", is highly
- uncomfortable. Doing so deliberately, as a matter of policy or otherwise, is a
- form of discrimination. Many trans people experience deliberate "deadnaming" as
- a form of harassment in their daily lives, and institutionalizing this behavior
- is cruel.
- The truth is, managing the names of participants is more challenging than anyone
- would like. On the one hand, names establish accountability and facilitate
- collaboration, and importantly, credit the authors of a work for services
- performed. On the other hand, names are highly personal and deeply affecting,
- and their usage and changes over time are the subject of important consideration
- at the discretion of their owner. A complicating factor is that handling names
- properly introduces technical problems which must be overcome.
- To embrace the advantages of "real name" policies -- establishing provenance,
- encouraging accountability, fostering a social environment -- without causing
- harm, the approach I have settled on for my projects is to use the DCO to
- establish provenance and encourage contributors to sign-off and participate
- under the identity they feel most comfortable with. I encourage people to
- utilize an identity they use beyond the project's walls, to foster a social
- environment and a connection to the broader community, to establish
- accountability, and to ensure that participants are reachable for further
- discussion on their work. If a contributor's identity changes, we make every
- effort to support this change in contemporary, future, and historical use.