[HN Gopher] GitHub shuts off access to Aurelia repository, citin...
       ___________________________________________________________________
        
       GitHub shuts off access to Aurelia repository, citing trade
       sanctions
        
       Author : gortok
       Score  : 353 points
       Date   : 2020-03-19 16:21 UTC (6 hours ago)
        
 (HTM) web link (twitter.com)
 (TXT) w3m dump (twitter.com)
        
       | bartread wrote:
       | WTH? GitHub is owned by Microsoft. Rob Eisenberg, who posted that
       | tweet, works for Microsoft.
       | 
       | There's so much about this I don't get, not least of which is the
       | fact that despite what the headline suggests, along with the
       | amount of bile still being spewed on this thread, Aurelia is back
       | up and running, as are all its repos: https://aurelia.io/,
       | https://github.com/aurelia.
       | 
       | So, yes, GitHub properly effed up here, but they do at least
       | appear to have backpedalled and fixed the problem quickly.
        
         | larrik wrote:
         | It got fixed quickly because of the very high profile nature of
         | the project. What happens when it's one of our projects, and we
         | aren't some bigwig at Github's parent company to complain?
        
       | kylecordes wrote:
       | What a debacle. If GitHub believes this is necessary to comply
       | with sanctions, they should provide a "rather than shut me down,
       | please block contributions that GitHub would consider sanctioned"
       | switch.
        
         | alexellisuk wrote:
         | Where can I read about the guidelines that "contributions from
         | certain people break trade sanctions". Am I reading that right?
        
         | oefrha wrote:
         | Can't speak for others, but I for one wouldn't want this
         | switch, and would be offended by it. I would defend people's
         | rights to contribute to open source regardless of their
         | nationalities by taking my project elsewhere.
        
           | jannotti wrote:
           | Then you'd probably still want this switch, but expect to be
           | notified of the block. Then you could move in an orderly
           | fashion.
        
           | klohto wrote:
           | Then take the project elsewhere but the leave the switch
        
       | dwheeler wrote:
       | This looks like a terrible but honest mistake. The repo is
       | already back, after something like an hour and a half. The . io
       | website is not back yet, but I suspect that takes a moment to get
       | back running.
        
         | xvector wrote:
         | It doesn't matter if it's an honest mistake, this sort of
         | action alongside the canned HR response is completely
         | unacceptable. Honest mistakes don't exempt your actions from
         | being disgusting.
        
           | dwheeler wrote:
           | An action that is an honest mistake isn't disgusting; it is
           | simply a mistake. We all make mistakes. Anyone who makes no
           | mistakes is not doing anything useful.
           | 
           | What matters is doing the right thing _after_ the mistake is
           | discovered. I agree that the canned HR response wasn 't
           | acceptable, but that is not all that happened. GitHub quickly
           | restored the project - and that was the most important issue.
           | In addition, GitHub has now posted an apology, and has also
           | said that they will try to figure out how to prevent its
           | recurrence in the future.
           | 
           | THAT is exactly the right way to handle a mistake: fix the
           | problem, say sorry, and try to prevent its recurrence. Good
           | show. I am actually _impressed_ with GitHub 's response to
           | this!!
           | 
           | I get the impression that part of your complaint is that
           | "flagging" itself is disgusting. If that's the case, your ire
           | is completely misdirected. This is required by US law for
           | anyone doing business in the US. If you don't like it, that's
           | fine; complain to the US Congress, who create the US laws.
           | GitHub is simply doing what it _must_ do. In the US, and in
           | most of the western world, the rule of law is still a thing
           | (and a good thing it is!). Please point your disagreement at
           | those who are responsible for it.
        
       | forkLding wrote:
       | Weirdest part of this is that the Lead Developer at Aurelia and
       | the guy who posted this on twitter works at Microsoft which again
       | is weird now that Github is part of Microsoft.
        
       | longstation wrote:
       | Would having a decentralized repository be a good idea (one that
       | is not subject to this kind of corporate/political issue)?
        
       | gtrubetskoy wrote:
       | Github was cool when git was new years back - but these days, and
       | especially given how git inherently is not centralized, it is not
       | very clear to me why we all cling to github. With a little work,
       | all that it offers can be done without any help of a centralized
       | server/corporation.
        
       | Kiro wrote:
       | Read the whole Twitter thread and all comments here and I still
       | don't understand what trade sanctions are applicable here.
        
         | detaro wrote:
         | Probably none, and some automatic thing triggered in error.
        
       | adultSwim wrote:
       | Note: sanctions against Iran are preventing them from buying
       | medical supplies. Millions could die there from COVID-19.
        
       | unlinked_dll wrote:
       | I thought this was about the music education software by the same
       | name
        
       | kujaomega wrote:
       | Seems that Github has automated some repository banning actions.
       | 
       | 3 days ago, the author of a repo got removed his account without
       | reason and hours later got his account reactivated
       | (https://news.ycombinator.com/item?id=22593595), after posting to
       | hackernews.
       | 
       | As we see, the Aurelia repository were also removed, and hours
       | later reactivated.
       | 
       | What caught my attention is that the banned user is from Russia
       | and that Aurelia repository has got developers from Iran.
       | 
       | Is this a sign of Github country discrimination? Or is this a
       | sign of Machine learning bias?
        
         | marcinzm wrote:
         | >Is this a sign of Github country discrimination?
         | 
         | It's a sign that Github strictly follows US sanctions which
         | currently impact Crimea and Iran. They literally say in the
         | messages for these closures that it's due to sanctions.
        
       | iamleppert wrote:
       | So disgusting their response: "If a user"
       | 
       | Addressing someone in the third person is about a far from
       | empathy as one could get. Clearly, the signal is strong to begin
       | the exodus from Github as soon as practical.
       | 
       | They can no longer be trusted, and are no longer developer
       | friendly.
        
       | pragmatic wrote:
       | And in that moment Hacker News was enlightened.
        
       | jtokoph wrote:
       | It looks to be restored:
       | https://twitter.com/EisenbergEffect/status/12407000629397913...
        
         | nabakin wrote:
         | I guess it was a mistake.
        
       | Touche wrote:
       | What am I missing? Seems fine to me:
       | https://github.com/aurelia/framework
        
         | save_ferris wrote:
         | Github just reversed their decision.
        
           | [deleted]
        
         | codetrotter wrote:
         | The repos are back, but the site http://aurelia.io which is
         | also hosted on GitHub servers is still showing 404.
        
       | EisenbergEffect wrote:
       | GitHub has corrected the issue, restoring our organization access
       | and web site. They have reported that the org was flagged as part
       | of an automated process. The flagging occurred because we have
       | two external contributors from Iran (non GH org members). They
       | told me that there should have been a warning and they are
       | investigating why that didn't happen. The CEO of GitHub also
       | reached out personally to try to speedily rectify the situation.
        
         | willvarfar wrote:
         | So Iran could sponsor programmers to contribute to as many
         | repos as possible? Then they can win a propaganda war of why
         | Iran is progressive and good and the US is bad?
        
           | jessaustin wrote:
           | Haven't they already won that war? USA created ISIS, gave
           | ISIS lots of weapons and logistical support, then
           | assassinated the guy who beat ISIS while he was in diplomatic
           | talks with supposed USA ally Iraq. In response, Iran says "we
           | will destroy buildings at the following addresses", allows
           | time for those buildings to be evacuated, then their guided
           | missiles destroy exactly those buildings. USA military brass
           | then downgraded Iran from their "let's go to war now" list...
        
         | alireza94 wrote:
         | Well, this sounds bad.
         | 
         | A few months ago GitHub banned access of Iranian developers
         | (and devs who live in a few other countries) to private
         | repositories and gists and now, with actions like this, even if
         | it's by accident, they are threatening our chance of
         | collaboration to public open-source repos because maintainers
         | would be afraid that if they accept our contribution they may
         | face consequences.
        
           | dsl wrote:
           | > maintainers would be afraid that if they accept our
           | contribution they may face consequences
           | 
           | But that isn't a result of GitHub's actions, if anything they
           | are trying to protect maintainers by blocking Iranian
           | contributions.
           | 
           | Sanctions are 1) implemented at a federal government level
           | and 2) intended to make it almost impossible for the
           | sanctioned country to get anything done. It's like not
           | letting your kid take their Switch or iPhone with them to
           | timeout. Yeah it sucks and makes everything awful, but that
           | is exactly the point.
        
             | luckylion wrote:
             | > But that isn't a result of GitHub's actions, if anything
             | they are trying to protect maintainers by blocking Iranian
             | contributions.
             | 
             | By blocking the repository of the maintainers? Is that like
             | "I'm just trying to keep you safe. I'm going to kill you so
             | nobody can murder you"?
        
         | swiley wrote:
         | Thank goodness with git you can just change your remote. This
         | is beginning to sound like YouTube!
        
         | JyB wrote:
         | Looks quite easy to trigger that automatic process to cause
         | trouble to any open source repo on github.
         | 
         | Sounds insane.
        
         | rezonant wrote:
         | How are we supposed to vet Github accounts to know whose
         | contributions we can accept? This is crazy.
        
       | [deleted]
        
       | [deleted]
        
       | [deleted]
        
       | firloop wrote:
       | This is pure speculation, but it seems that GitHub's ownership by
       | Microsoft causes them to be significantly more strict with the
       | types of content that they are comfortable hosting. Expect this
       | to continue as they expand up and down the stack; once their npm
       | acquisition closes you'll see this there too.
       | 
       | I think this should be a wake-up call to anyone staking their
       | open source project on GitHub -- if I let someone from a US
       | sanctioned country contribute to my repo will I be banned?
       | Hopefully mindshare moves to alternatives in due time.
        
         | frankdenbow wrote:
         | Microsoft lets Github run independently
         | https://www.businessinsider.com/github-coo-microsoft-azure-e...
        
           | shadowgovt wrote:
           | There's independently and independently. MS is on the hook
           | for violations of US sanctions by any of its subsidiaries and
           | constituent organizations; one can assume the legal team
           | keeps an eye on Github's operations even if the main
           | operations team allows for independent goals and direction of
           | work.
        
         | tw04 wrote:
         | I'm not sure why you'd lay the blame at Microsoft's feet. You
         | could self-host and your ISP would still take you down if you
         | were violating US sanctions in most parts of the world. If they
         | did this by accident, and you've got some proof the decisions
         | was made by someone that's actually FROM Microsoft and not a
         | legacy Github employee, by all means present it. Otherwise
         | you're just gas-lighting.
        
           | marcinzm wrote:
           | >You could self-host and your ISP would still take you down
           | if you were violating US sanctions in most parts of the
           | world.
           | 
           | I doubt there's any ISP that would ban you because someone
           | who contributed to your project at some point used an IP from
           | a sanctioned country. Hell, I doubt any ISP even would have
           | the data to correlate together to figure that out. Github
           | will and has.
        
           | vetinari wrote:
           | > your ISP would still take you down if you were violating US
           | sanctions in most parts of the world
           | 
           | No, they would not.
           | 
           | These are _US_ sanctions, not _most parts of the world_
           | sanctions. You could have problems with companies in the
           | jurisdiction of US, but most parts of the world are not it.
        
             | tw04 wrote:
             | If that's not an idealists view of how the world works. So
             | you think if you're in Japan that NTT is going to risk
             | losing _ALL_ of their US contracts for a random home user
             | that 's violating US sanctions? Good luck with that.
             | 
             | Just because you aren't in US jurisdictions doesn't mean
             | your ISP doesn't make a _LOT_ of money off the US market.
             | Not to mention the mass exodus of customers if they were
             | banned from all US based content:
             | 
             | All Microsoft properties
             | 
             | All facebook properties
             | 
             | All Google and Amazon properties
             | 
             | etc. etc. etc.
        
               | vetinari wrote:
               | Does not work that way. How do you think Iran and North
               | Korea are connected to Internet in the first place?
               | 
               | For NTT and US, such a situation would be a PR disaster.
               | It would be very difficult for them to explain to the
               | public, why they are applying foreign laws to Japanese
               | citizens.
               | 
               | Even US knows that, and they would never push for such
               | draconian thing.
        
               | tw04 wrote:
               | > Does not work that way. How do you think Iran and North
               | Korea are connected to Internet in the first place?
               | 
               | It literally works that way. North Korea is connected
               | through China Unicom, and China doesn't recognize the
               | North Korean sanctions.
               | 
               | Iran's internet access isn't part of the current
               | sanctions.
               | 
               | >OFAC or the State Department may also impose so-called
               | "secondary sanctions" on non-US companies, even with no
               | US nexus to the activity. Under secondary sanctions, a
               | non-US company may be restricted from US markets or the
               | US financial system if it engages in certain conduct
               | related to Iran, Russia, or North Korea.
        
               | vetinari wrote:
               | > China doesn't recognize the North Korean sanctions.
               | 
               | And this is the key.
               | 
               | In order to the hypothetical NTT situation to be affected
               | by US sanctions, Japan would have to recognize them. It
               | would be up to the Japanese parliament to adopt them. US
               | cannot force NTT unilaterally to kick out someone, NTT in
               | Japan must be in line with Japanese law.
               | 
               | Most countries in the world do not adopt US sanctions as
               | their own. The sanction are being enforced worldwide via
               | contract law (i.e. the exporting company has a contract
               | with the US vendor that it won't sell to specified
               | parties); not by US forcing its jurisdiction on other
               | countries.
               | 
               | That would result in pretty nasty questioning about
               | democracy.
        
               | tw04 wrote:
               | >In order to the hypothetical NTT situation to be
               | affected by US sanctions, Japan would have to recognize
               | them. It would be up to the Japanese parliament to adopt
               | them. US cannot force NTT unilaterally to kick out
               | someone, NTT in Japan must be in line with Japanese law.
               | 
               | You can say that until you're blue in the face but it's
               | not accurate. Let me know when NTT has a line running
               | into Cuba and we can talk about how they only have to
               | abide by Japanese sanctions and Japanese law.
        
               | ta999999171 wrote:
               | Great job at summarizing the problem with centralization.
        
         | Twirrim wrote:
         | Note: This is the company that is acquiring NPM. Which now also
         | is going to have to deal with the messy reality of us
         | sanctions, if they'd been dodging them before. Prior to this it
         | wouldn't have been entirely beyond the pale for NPM to move
         | ownership to another country if it proved to onerous. The
         | threshold for "too onerous" is likely to be significantly
         | higher at Microsoft / Github.
        
         | solinent wrote:
         | Yes, these trade sanctions will definitely cause these issues--
         | if they operate a business or do any dealings with businesses
         | in countries which are embargo'd they will lose their ability
         | to sell their product internationally, since Microsoft also
         | fulfills defense contracts it probably makes these obligations
         | even stronger, though I am not a lawyer.
         | 
         | I think at this point Fossil is looking really really good.
        
         | dependenttypes wrote:
         | This is true, and not only for US regulation-related reasons.
         | They also removed multiple political writings about people
         | criticising their authoritarian governments as well as games
         | with sexually explicit content (but no images).
        
         | [deleted]
        
         | bbrree66 wrote:
         | Unsubstantiated speculation that is simply confirmation bias of
         | what you want to be true without evidence.
        
         | dopamean wrote:
         | > This is pure speculation
         | 
         | > Expect this to continue
         | 
         | I'm not expecting anything to continue based on "pure
         | speculation."
        
         | chatmasta wrote:
         | GitLab is fantastic, but GitHub has the most eyeballs and best
         | discoverability features. As long as that remains true, GitHub
         | will remain a better place to launch an open source product
         | than alternatives.
        
           | miracle2k wrote:
           | Note that Gitlab hosts on Google Cloud, which blocks all
           | traffic from sanctioned countries on a network level. No IP
           | packages from US sanctioned countries reach any service
           | hosted on Google Cloud, including OpenSource gitlab repos.
        
             | shadowgovt wrote:
             | Yep. Sum it all up, and the easiest way to not be
             | disadvantaged on the Internet is to not be in a sanctioned
             | country.
             | 
             | Which is, well, rather the point of the sanctions.
        
           | echelon wrote:
           | > GitHub has the most eyeballs
           | 
           | You're being downvoted for a true statement.
           | 
           | There is a lot of GitLab zealousness at HN. Please don't
           | downvote simply because you disagree over product favoritism
           | and outlook. Offer a refutation.
        
             | dang wrote:
             | Comments like this break the site guidelines. Would you
             | mind reviewing them?
             | https://news.ycombinator.com/newsguidelines.html
             | 
             | One reason we ask users not to go on about downvotes is
             | that users frequently come along and add corrective
             | upvotes, but comments like this don't garbage-collect
             | themselves. They start as off-topic and end by being off-
             | topic and false.
        
               | echelon wrote:
               | Thanks, understood.
        
           | enriquto wrote:
           | You can use any old git repo as your main source, and "dump"
           | every commit into github for visibility. Any issues and pull
           | request into the github site are replied by an automatic
           | answer to use some other site.
        
             | shadowgovt wrote:
             | ... which diminishes the likelihood volunteers will join
             | your project, because now they have to go learn another
             | site.
        
               | vetinari wrote:
               | Is it really a thing, to have to learn another site?
               | 
               | If you know the basic functionality of Github, do you
               | really have to learn to use similar functionality of
               | Gitlab, Gitea, etc? Is it not enough to be familiar with
               | the concepts?
        
               | jan6 wrote:
               | well, the UI is different, so you have to learn to use
               | that... the concepts can be quite similar, but execution,
               | isn't
        
               | vetinari wrote:
               | Sure, but the difference isn't that big.
               | 
               | Just like when people were switching from the blue e to
               | firefox/chrome: these were different browsers, with
               | different UI, but the concept of browsing the internet
               | was the same. So in the end, the different UI didn't
               | matter.
        
               | shadowgovt wrote:
               | Having to set up a new account, complete with a new
               | username and password, is by itself sufficient to drive
               | away a staggering amount of adoption / conversions
               | according to several UX studies.
        
               | mappu wrote:
               | Gitea supports "log in with GitHub" if the site-owner has
               | enabled it; and the UI is immediately familiar.
        
             | chatmasta wrote:
             | Not a bad idea. But I haven't seen it work in practice with
             | strong usability. The fact of the matter is, if you ask
             | developers where they discovered software, "GitHub" would
             | rank higher than GitLab.
             | 
             | This is due not only to higher traffic numbers, but also
             | more features revolving around discoverability. GitLab
             | could build those features too, but it's difficult to
             | overcome the network effect driving GitHub's momentum. It's
             | especially hard because even the people who _did_ migrate
             | to GitLab mostly did so for the free private projects and
             | CI. It's unlikely many will move public repositories to
             | GitLab now that GitHub nears feature parity in CI.
        
             | mroche wrote:
             | For my GitLab repos (where I maintain source/workflow) I
             | use the mirror functionality to automatically push any and
             | all all commits to GitHub. I configure the GitHub mirror
             | with a link to the official repo and disable issues.
             | 
             | Unfortunately, you can't outright disable GitHub's pull
             | requests. I've seen plenty of orphaned PRs on repos that do
             | tracking/review elsewhere and people just don't read (or
             | actively ignore) the provided contributor guidelines.
        
               | brodock wrote:
               | looks like you can use Actions for that:
               | 
               | https://github.com/marketplace/actions/close-pull-request
        
         | stickfigure wrote:
         | This seems peculiar since Rob Eisenberg (author of that tweet
         | and lead of Aurelia) _works for Microsoft_.
        
           | frankdenbow wrote:
           | Makes sense if you think of them as separate companies (which
           | is how they are run)
        
             | jslakro wrote:
             | https://nouhailler.tumblr.com/image/21516226342
        
           | kemiller2002 wrote:
           | ...and from what I understand, they actually use it on some
           | of their sites.
        
           | khuey wrote:
           | Sounds like a mistake.
        
           | itronitron wrote:
           | well, that helps explain the CEO's responsiveness in sorting
           | it out
        
         | coliveira wrote:
         | Nobody should depend on GitHub, especially after it was taken
         | over by Microsoft. If you have any repository on GH, create
         | similar accounts on competing sites such as bitbucket. Also
         | consider services hosted in other countries, since it seems
         | that local political prejudices and propaganda are starting to
         | creep out on the science and technology arena.
        
           | fartcannon wrote:
           | Better yet, self host. Post RSS feeds.
        
             | worble wrote:
             | Absolutely agree with this, and if Gitlab's hardware
             | requirements seem a little expensive, I can highly
             | recommend Gitea[0]. It runs very happily on a $5 Digital
             | Ocean droplet. It doesn't have all the bells and whistles,
             | but for my basic needs, and presumably as a panic backup,
             | it's a great bit of software.
             | 
             | [0]https://gitea.io/en-us/
        
           | shadowgovt wrote:
           | "local political prejudices and propaganda" is a fascinating
           | way to interpret "The US list of sanctioned countries."
        
             | freeone3000 wrote:
             | It's local to the US and it's prejudice and propaganda,
             | so...?
        
               | shadowgovt wrote:
               | I think I'd need a citation on why "prejudice and
               | propaganda" applies here. The US doesn't turn to
               | sanctions flippantly (it's not in the US's economic
               | interests, in general, to take a trading partner off the
               | table).
        
               | slavik81 wrote:
               | I probably wouldn't use language quite that strong, but
               | the view from outside the US is definitely quite
               | different.
               | 
               | The US withdrawl from the Iran nuclear agreement was more
               | a result of changes in the US than of changes in Iran.
               | Barack Obama brokered the deal and he stated his clear
               | opposition to Donald Trump's decision to end it. (https:/
               | /facebook.com/barackobama/posts/10155854913976749)
               | 
               | The European Union was also a party to the Iran nuclear
               | deal, and they thought so poorly of the resumption of US
               | sanctions on Iran that they passed a law making it
               | illegal for European companies to comply.
               | (https://dw.com/en/eu-to-reactivate-blocking-statute-
               | against-...)
        
         | bdcravens wrote:
         | > Microsoft causes them to be significantly more strict with
         | the types of content that they are comfortable hosting
         | 
         | The law as written doesn't allow subjective decision based on
         | what they're comfortable with.
        
       | Lorin wrote:
       | TIL about Aurelia - the streisand effect in full force :)
        
       | castorp wrote:
       | Are there any European hosted (and owned by a European company)
       | alternatives to GitHub or GitLab?
        
       | cfv wrote:
       | Without even delving on the perverse sanctions part, it should
       | never be forgotten that the _whole point_ of git is that it 's a
       | distributed source control system. Grab your source and move it
       | elsewhere. Heck, even an old forked gitlab community instance
       | should work.
       | 
       | Github is good for the exposure, but it's their house, and so
       | their rules apply, not ours. Don't rely on them to always be OK
       | with you staying.
        
         | driverdan wrote:
         | Every time something like this happens someone has to make this
         | argument. This isn't just about the source, it's all the other
         | tools like pull requests that Github provides. Git is only one
         | part of Github.
        
           | cfv wrote:
           | Merge requests have been a gitlab feature since forever
           | though. Like issues, and webhooks
        
             | webo wrote:
             | Code search, access permissions, code owners, 3rd party
             | integrations?
        
               | cfv wrote:
               | If you tried looking it up yourself instead of making me
               | feed you info in what totally looks like bad faith that
               | would be awesome.
        
               | shadowgovt wrote:
               | FWIW, I have attempted to look it up myself, and unlike
               | Github, GitLab doesn't appear to allow me a transparent
               | view into their offerings in action without signing up to
               | start my free trial. Which is a lot more engagement than
               | Github requires of someone just trying to discover
               | capabilities.
        
               | seanstev wrote:
               | https://about.gitlab.com/features/
               | 
               | From what it looks like, the free trial is similar to
               | GitHub's paid account but you can use the extra tools for
               | free for the duration of the trial. Seems as transparent
               | as GitHub.
               | 
               | Never used GitLab outside of running it myself but I
               | think hosting OS software on GitLab.com is free.
        
               | mcintyre1994 wrote:
               | Yes to all (obviously 3rd party integrations vary, in
               | practice depends which you need), but I guess the actual
               | point is that all these extras are implemented by each
               | service individually and aren't guaranteed to be
               | compatible.
        
       | peterkelly wrote:
       | And they've just bought npm!
       | 
       | https://news.ycombinator.com/item?id=22594549
        
       | tanilama wrote:
       | This is laughable. What trade sanctions would apply to a JS
       | frontend framework? Insane.
        
       | droopyEyelids wrote:
       | Have black hat people figured out what triggers this yet?
       | 
       | Looks like a new attack, where you make a few contributions to a
       | project, then start proxying your logins through Iran for a while
       | till everything you touch shuts down.
        
       | mullingitover wrote:
       | Isn't this a first amendment violation? Are we not on board with
       | the notion that code is speech, and that the constitution applies
       | to everyone, not just US citizens?
       | 
       | With those things in mind, I don't understand how the Iranian
       | peoples' free speech rights can be infringed just because their
       | speech is in the form of code.
        
         | ben509 wrote:
         | If Github is acting as agents of the USG, they're bound by 1A.
         | Here, there's a direct instruction from the government telling
         | them to do this thing.
         | 
         | But I'm not sure there's a 1A case against this form of trade
         | sanctions. The government isn't saying Iranians (as an example)
         | can't write code, or that US citizens can't write code. They're
         | saying they Iranian citizens can't use a US service. It's being
         | denied as an economic transaction, not as speech.
         | 
         | Art I Sec 8 specifically enumerates the power "To regulate
         | Commerce with foreign Nations...", and arguably sanctions are
         | further allowed under the power "To define and punish Piracies
         | and Felonies committed on the high Seas, and Offenses against
         | the Law of Nations;"
        
           | mullingitover wrote:
           | So does that mean Iranians could just mirror the repo,
           | someone in the US could mirror _that_ repo, and then push the
           | Iranians ' commits to GitHub unimpeded by the sanctions?
        
         | jkaplowitz wrote:
         | Whatever free speech rights apply to Iranians in Iran don't
         | come from the US Constitution, not even from its First
         | Amendment. The US Constitution protects US citizens (and maybe
         | non-citizen nationals) anywhere and anyone of any nationality
         | within the US, with respect to their dealings with the US
         | federal/ state / local governments or those private entities
         | exercising the authority of these governments. That's it.
        
         | driverdan wrote:
         | That's not how the First Amendment works. It applies to the
         | government, not private businesses.
        
           | hyperpape wrote:
           | I think that's not right, because the reason the company is
           | doing the censoring is to comply with sanctions imposed by
           | the government. If the US says you can't host content
           | praising Iran, and GitHub takes it down to comply, that's a
           | 1st Amendment violation.
           | 
           | However, code seems to be in a strange place, neither clearly
           | speech nor clearly not-speech.
        
             | mullingitover wrote:
             | I argue code is absolutely protected speech. The government
             | ran away[1] from a recent case that would've settled the
             | matter conclusively.
             | 
             | [1] https://www.pbs.org/wgbh/nova/article/is-code-free-
             | speech/
        
       | vasco wrote:
       | Sanctions for online services are one of the worst things about
       | working in this industry. Being forced to implement and maintain
       | technical solutions to block access to every day citizens of
       | certain regions because some guys in suits decided these are
       | second tier humans is demoralizing as hell.
       | 
       | How are people supposed to rise up and depose or vote for less
       | tyranical governments if they cannot access information, or use
       | services that'll boost their businesses in the global market?
       | Having had to implement things like this myself in the past, I
       | just feel like puking when I do it.
       | 
       | And don't think about just ignoring these, as soon as you get
       | bigger than tiny, your bank will threaten to freeze all your
       | accounts and stop doing business with you if for some reason you
       | let some Crimean or Iranian get onto your service and pay you for
       | it.
       | 
       | What exactly is the plan? Are we expecting that individuals who
       | disagree with their regimes would leave their country and their
       | families? It just feels like cold blooded retribution with no
       | care for the regular every day population.
        
         | xvector wrote:
         | GitHub could take the approach of collecting less data and
         | saying that they don't know where their users are. They could
         | drop the IP at the LB, disassociate all location metrics from
         | their user accounts, and thus have no ability to tell where
         | developer accounts are from.
         | 
         | But instead they _choose_ to data mine users for their location
         | and block them. Just like their ridiculous contract with ICE,
         | GitHub is choosing to actively participate in these sort of
         | things.
        
         | unlinked_dll wrote:
         | Why should software or online services be treated different
         | than any other good/service when it comes to an embargo?
         | 
         | It's fine to debate an embargo, but that belongs in the
         | political space and not technical or business realm.
         | 
         | Personally I may not agree with the efficacy of particular
         | embargoes, but I do support the ability of my government to
         | enforce one wholeheartedly. Because by the same token that you
         | want to sell your information services to people oppressed by
         | hostile foreign powers, there are those that want to sell them
         | to the oppressors, and it's generally impossible to tell the
         | difference. I don't want to hear about another IBM selling
         | bookkeeping tools to another Nazi regime to improve the
         | bureaucracy of their death camps, and if that means a few indie
         | developers can't get Iranians to use their front end JS
         | framework that's ok with me.
         | 
         | This debate belongs in the senate, not in the tech world.
        
         | woofcat wrote:
         | >What exactly is the plan? Are we expecting that individuals
         | who disagree with their regimes would leave their country and
         | their families? It just feels like cold blooded retribution
         | with no care for the regular every day population.
         | 
         | That it will impact the country economically and hopefully
         | result in the Government changing coarse or for the People of
         | the country to not want to live in a shitty place with a poor
         | economy.
         | 
         | I find sanctions vastly better than the alternative at that
         | level, which would be some sort of blockade or other military
         | intervention.
        
           | hn23 wrote:
           | Sanctions are part of a war or often a preparation. You could
           | also call it blackmailing. If people die from not having
           | access to medical goods etc because of sanctions it just
           | cheaper than sending troops.
        
           | TheSpiceIsLife wrote:
           | Ostensibly.
           | 
           | But the reality is probably more like the top levels of
           | governments bullying, and they don't give a flying fuck about
           | the impacts on the average citizen.
        
           | kelnos wrote:
           | That sounds good in theory, but in reality you end up with
           | worse outcomes than doing nothing:
           | 
           | a) The target country just allows their citizens to feel the
           | brunt of the sanctions while the ruling class hoards
           | resources for themselves.
           | 
           | b) The target country starts a propaganda campaign to blame
           | the sanction-issuer for all their problems, which the
           | citizens mostly believe.
           | 
           | So ultimately you end up with regular-Joe citizens in the
           | target country having a worse quality of life, while also
           | being led to believe that _your_ country is the evil one.
           | 
           | Another poster hit the nail on the head: the politicians in
           | the sanction-issuing country need to be seen as _doing
           | something_ by their populace, regardless of what the result
           | of that something is.
        
           | anigbrowl wrote:
           | Sounds good in theory but the evidence is lacking.
        
         | Joker_vD wrote:
         | Apparently, the idea is that those "Crimean or Iranian" would
         | get pissed off _at their government_ and revolt. Which, as the
         | practice shows, doesn 't quite work taht way. They get pissed
         | off at the sanctioning government as well, and are less likely
         | to believe that that government actually worries about their
         | interests and rights and not, say, as using them as a free
         | battering ram against their current government/regime.
        
           | woofcat wrote:
           | However what's the alternative?
           | 
           | Country 'A' would like to build a weapon of mass destruction.
           | Country 'B' asks them nicely to not do that.
           | 
           | They ignore the request and continue building the technology.
           | At that point you can either do the following:
           | 
           | - Ignore it and hope they don't destabilize the region /
           | world.
           | 
           | - Economic and Trade sanctions to slow down their progress,
           | and impact the economy of the country.
           | 
           | - Physical blockade / severing of Internet connections.
           | 
           | - Declaration of war.
           | 
           | Unless you're saying we should simply ignore these states and
           | let them do what ever they want. I don't really know what
           | solution you would envision that would be _less_ impactful to
           | the average citizen.
        
             | ska wrote:
             | However what's the alternative?
             | 
             | Not arbitrarily pulling out of the seemingly workable
             | agreement with other countries?
             | 
             | In this particular case, country B and country A have both
             | behaved terribly at various times.
        
             | anigbrowl wrote:
             | What standing does Country B have to make such a request,
             | and what is Country B's own WMD policy?
        
             | jobigoud wrote:
             | Country A has zero legitimacy doing this if they have the
             | exact same weapons of mass destruction. Their only argument
             | would be that they are more responsible. It reminds me of
             | parents punishing their kid for smoking while they are
             | smokers themselves. No credibilty.
        
               | coffeemug wrote:
               | To pick an extreme example, do you seriously believe the
               | US has less legitimacy in this respect than North Korea?
        
               | malberto wrote:
               | YES! NK never bombed my country. Please grow up and
               | realize that you can not claim anything as long as your
               | country act as a terrorist
        
               | jaybeeayyy wrote:
               | Yes, absolutely. The US is responsible for far more
               | bloodshed than North Korea. How many coups were backed by
               | the US government, how many nukes we have, our never
               | ending war machine...list goes on and on. I don't think
               | North Korea is anything more than a totalitarian
               | dictatorship but I 100% would never believe what western
               | media backed by US imperialist propaganda is telling me
               | about them.
        
               | Joker_vD wrote:
               | By the way, the South Korea's National Security Law still
               | has the clause that "any person who praises, incites or
               | propagates the activities of an antigovernment
               | organization ( _that includes DPRK by design_ )... shall
               | be punished by imprisonment for not more than seven
               | years". And this clause is actually used (see Amnesty
               | International's report
               | https://www.amnesty.org/en/documents/asa25/006/2012/en/
               | ), so it's literally illegal for a South Korean newspaper
               | to print anything positive about DPRK.
        
             | Alir3z4 wrote:
             | Country B is the one having many weapon of mass destruction
             | and used it 2 times already.
        
               | GordonS wrote:
               | And is the only country to have _ever_ used such weapons
               | in wartime, and on a civilian population, nonetheless.
        
               | kelnos wrote:
               | I suppose you'd prefer that, instead, the entirety of
               | Japan would have had to be bombed into oblivion using
               | non-nuclear weapons, not to mention the extra loss of
               | life on the Allied side that would have almost certainly
               | occurred during a more traditional invasion that would
               | have likely been necessary.
               | 
               | War sucks, and there are rarely good choices; it's nearly
               | always going to be a choice between something truly awful
               | and something just merely really bad. Nuclear weapons
               | suck, but I dare say they _saved_ lives -- on both sides
               | -- when used in that instance. Of course, after more
               | people had them, and we realized the implications of MAD,
               | using nuclear weapons is (thankfully) more or less off
               | the table for any non-suicidal nation.
        
             | TheSpiceIsLife wrote:
             | It's a nice app example in _theory_ , but can you point to
             | any examples where this is working in practice?
             | 
             | Iran doesn't count because they were / are complying but
             | the US is a bully.
             | 
             | North Korea is a good example of sanctions _not working_ in
             | every way that matters.
        
               | deanCommie wrote:
               | Humans are weird.
               | 
               | In the absence of a working solution, people would prefer
               | a well-intentioned (but as you said non-effective)
               | solution to NOTHING.
               | 
               | If you do nothing, people will yell at you to do
               | SOMETHING.
               | 
               | Sure, doing the RIGHT thing is best - but until then
               | doing something is better than doing nothing.
               | 
               | Not saying I agree, just that's the idea.
        
               | TheSpiceIsLife wrote:
               | So true.
               | 
               | If you've got _something_ and it _functions_ , your job
               | is done, move on.
        
             | malberto wrote:
             | USA is full of weapon of mass destruction. You may agree or
             | not that policy but the sheer fact that is true means that
             | most contries go for - Ignore it and hope they don't
             | destabilize the region / world.
        
           | oefrha wrote:
           | > They get pissed off at the sanctioning government as well,
           | and are less likely to believe that that government actually
           | worries about their interests and rights...
           | 
           | Oh thank god they're less likely to believe that, because at
           | least in this version of reality no government actually
           | worries about the interests and rights of the human beings on
           | the other side of the planet; if they say so they're just
           | bullshitting.
        
         | downerending wrote:
         | I don't think anyone reasonably expects that their citizens
         | will have any useful reaction. Rather, it's simply a way to
         | cause economic hardship to the country.
         | 
         | Whether that's a wise or ethical idea depends on the particular
         | situation, but it's certainly a much smaller hammer than (say)
         | direct military action.
        
         | himinlomax wrote:
         | The stupidest part is, people in affected countries easily and
         | routinely circumvent the block. The only people affected are
         | foreign companies from countries that do not have a sanction,
         | but risk being sued in the US. For example, European oil
         | companies operating in Iran.
        
         | mncharity wrote:
         | > Sanctions for online services
         | 
         | Not my field, but my impression is there's an ongoing argument
         | over whether severe economic sanctions constitute a form of
         | collective punishment as prohibited under the Geneva
         | convention. Usually it's in the context of trade and
         | infrastructure. "Once your government submits to our policy
         | demands, we'll permit your infant mortality rates to drop back
         | down - until then, don't blame us for your suffering". But
         | where access to information is seen as a universal human right,
         | a similar issue might arise with online services.
        
         | illumanaughty wrote:
         | "How are people supposed to rise up and depose or vote for less
         | tyranical governments if they cannot access information"
         | 
         | I mean yeah, that's the idea.
        
         | AmericanChopper wrote:
         | When regular diplomacy fails to resolve an international
         | dispute, what further options do you believe exist? As far as I
         | can tell, generally speaking, you have economic sanctions, and
         | war. I know which of those I would personally consider to be
         | more humane, but if you have a case for war, then please make
         | it. I'm also not aware of any sanctions that have been put in
         | place because a government sees the citizens of another country
         | as second tier humans. But if you have any rationale to support
         | that ridiculous claim, I'd be interested in hearing it.
        
       | natfriedman wrote:
       | Hi HN, I'm the CEO of GitHub. Flagging this account was obviously
       | a terrible mistake, and I apologize to anyone who was affected by
       | it. We're investigating why it occurred and will make changes to
       | make sure it doesn't happen again. I am glad that we restored
       | access to the account in less than an hour after Aurelia filed
       | their appeal.
       | 
       | For context on why any account flagging is ever necessary,
       | unfortunately, every company in the world is required to comply
       | with US sanctions if they do any business at all in the United
       | States, e.g. serving US-based customers. This includes even
       | interacting with US banking infrastructure. So being
       | headquartered somewhere else doesn't help; you have to comply.
       | And US sanctions as written do not allow us to provide commercial
       | services or services which could be used commercially to
       | sanctioned countries.
       | 
       | We are taking the broadest possible interpretation of US
       | sanctions law to allow as much access to GitHub as possible and
       | we are, as far as I know, the only major vendor to offer public
       | repo access in US-sanctioned countries like Iran, Syria, and
       | Cuba. I'm proud that we are taking this strong position to ensure
       | developers everywhere can participate in open source.
       | 
       | I wish we could also offer access to private repos and still
       | comply with government requirements. We have been advocating and
       | will continue to advocate for broader developer access with the
       | various government agencies involved.
        
         | ljm wrote:
         | How would this have been resolved if the post on Twitter/other
         | social media didn't get enough traction? Is this just a
         | terrible mistake because it has much more visibility than all
         | of the other terrible mistakes?
        
           | ajross wrote:
           | That's not a fair argument. You're demanding that GitHub
           | prove the absence of any other mistakes. All they can do is
           | fix bugs when they find them, the same as anyone else. If
           | there's a systemic problem with the way they do sanction
           | flagging, that needs evidence.
        
             | ljm wrote:
             | I disagree; it is a fair argument. This is the Tweet:
             | 
             | > I woke up this morning and you shut off the Aurelia site,
             | archived tons of our repos, and I can no longer access
             | admin settings. You sited US trade sanctions and sent me a
             | non-descriptive email with no remediation information. What
             | is going on? This is devastating for us!
             | 
             | "No remediation information," to me sounds like Twitter
             | outrage was the remedy.
             | 
             | A follow up reply is this:
             | 
             | > The project has been public for 5yrs+, managed by a US
             | company, whose owner is even a GitHub Insider and long time
             | open source leader (15+ yrs).
             | 
             | Okay, there's the terrible mistake. It targeted someone
             | with credentials, not a nobody.
        
               | zokier wrote:
               | > If a user or organization believes that they have been
               | flagged in error, then that user or organization owner
               | has the opportunity to appeal the flag by providing
               | verification information to GitHub. Please see our FAQ
               | for the appeals request form
               | https://help.github.com/en/github/site-policy/github-and-
               | tra...
               | 
               | https://twitter.com/GitHubHelp/status/1240682163193942018
               | 
               | > If an individual user or organization administrator
               | believes that they have been flagged in error, then that
               | user has the opportunity to appeal the flag by providing
               | verification information to GitHub. If GitHub receives
               | sufficient information to verify that the user or
               | organization is not affiliated with a U.S.-sanctioned
               | jurisdiction or otherwise restricted by U.S. economic
               | sanctions, then the flag will be removed. Please see
               | individual account appeals request form and
               | organizational account appeals request form.
        
               | zapttt wrote:
               | which involves sending them documents and even selfies.
        
               | ajross wrote:
               | Those are just arguments that mistake shouldn't have been
               | made. Of course the mistake shouldn't have been made,
               | that's what "mistake" means.
               | 
               | Your post upthread was inferring the existence of
               | multiple similar mistakes and demanding that GitHub prove
               | they are impossible. They can't. It wasn't supposed to
               | happen in the first place. It was a mistake.
        
             | notafraudster wrote:
             | It would be pretty easy to prove the absence of other
             | mistakes here by simply providing a public list of all
             | repositories affected by sanctions flags. If the number is,
             | say, thousands, then it's almost certain this is a deeply
             | automated process and there are other errors. If it's, say,
             | 10, then this is probably a human-driven process.
        
           | mirimir wrote:
           | I'm sure that there have also been takedowns that weren't
           | terrible mistakes, but merely procedural. And given the
           | disclosure that GitHub implements sanctions loosely, far more
           | repos are likely at risk.
        
         | sytse wrote:
         | GitLab CEO here, thanks Nat for doing everything you can do to
         | keep open source accessible around the world. We have to comply
         | with the same restrictions and respect greatly that GitHub is
         | taking the broadest possible interpretation of US sanctions law
         | to help users.
        
           | [deleted]
        
           | relaunched wrote:
           | Do you though? Really?
           | 
           | https://www.wsj.com/articles/resignation-at-gitlab-
           | highlight...
        
             | dependenttypes wrote:
             | > Ms. Ciresi's most recent post on GitLab's public thread,
             | published five days ago, has been redacted by the company.
             | 
             | Would you happen to have her post? Kind of amusing how they
             | talk about valuing transparency when they censored her
             | post.
        
               | relaunched wrote:
               | https://m.imgur.com/a/grRvEWt
        
             | cortesoft wrote:
             | Yes, they do. If you are suggesting they should do what
             | those employees did and quit in protest (which for a
             | company would be to shut itself down), then I guess you are
             | right they don't HAVE to comply with US law... but they do
             | if they want to continue to exist.
        
               | mirimir wrote:
               | They could move everything to Tor onion services, and
               | offer clearnet access via disposable VPS as reverse
               | proxies.
               | 
               | Paying staff anonymously would be problematic, I know.
        
               | cortesoft wrote:
               | Pay them with what money? How are they going to earn
               | anything?
               | 
               | Meanwhile, they would also face arrest for ignoring US
               | law.
        
               | mirimir wrote:
               | Doesn't GitHub pay staff?
               | 
               | I'm saying to take the whole operation into anonymous
               | space. Or replace it with one that is. It could be Tor,
               | or perhaps Loki, based on what little I know about it so
               | far. And pay with cryptocurrencies.
               | 
               | People who work anonymously enough can't be arrested.
               | 
               | For example, see http://cryptohippie.net/AnonAdmin.html
        
               | relaunched wrote:
               | So, all companies are lawful because they are required to
               | be. That's a bit of a tautology, no? It also doesn't play
               | out in reality.
               | 
               | Maybe they keep the company running so they can do
               | secondary offerings and an IPO, so the investors and
               | executives get paid, is the motivation to do unlawful
               | things. Maybe it's okay to break the law now, cause when
               | they are bigger and public they'll go back and fix it -
               | breaking the law is a cost of doing business. Maybe they
               | were so focused on signing the deal that they didn't want
               | to hear from compliance. It's not the first time legal /
               | compliance was railroaded or disregarded at a startup, in
               | the name of doing something great. In the startup world,
               | that's kind of a badge of honor.
        
             | bdcravens wrote:
             | I'm not sure what those hiring practices have to do with
             | the legally-mandated sanctions being referenced.
        
               | relaunched wrote:
               | Glad you asked. Since Sid respects the broadest
               | interpretation, take a look at https://www.export.pitt.ed
               | u/sites/default/files/6.%20Anti-bo...
               | 
               | It seems like, if a VP wants to discriminate hiring
               | within certain countries, based on a pending customer
               | contract, as stated by Mr. Johnson - it's reasonable to
               | assume that GitLab should report, as per the EAR
               | requirement, that:
               | 
               | Any person under U.S. Jurisdiction who is asked to enter
               | into an agreement or provide information that would
               | violate anti-boycott laws must report this to BIS using a
               | form BIS-621-P or form BIS-6051P in accordance with 15
               | C.F.R. SS 760.5.
        
               | bdcravens wrote:
               | That's not an interpretation of sanctions, you're pulling
               | in a second set of laws. Additionally, I'm pretty sure a
               | country being on a boycotted list doesn't prohibit a
               | company from making hiring decisions for reasons outside
               | of the boycott.
        
               | relaunched wrote:
               | At best, it's a matter of law to determine what doing
               | business in a country means. In the broadest
               | interpretation, employing seems like doing business.
               | Merely being asked, by a customer, is reportable and the
               | government gets to make the determination.
               | 
               | How to act seems like a determination / recommendation
               | made by the head of compliance.
        
         | jackpirate wrote:
         | _... to offer public repo access in US-sanctioned countries
         | like Iran, Syria, and Cuba._
         | 
         | You should also add North Korea to that list. Three years ago I
         | spent a semester in Pyongyang teaching a course on open source
         | software development, and as part of the course students
         | created git repos and contributed to other repos that are
         | hosted on github.
         | 
         | So that you're not put in an awkward position, though, I won't
         | tell you which repos these are :)
        
           | [deleted]
        
           | dathinab wrote:
           | I wonder do they use VPN to obfuscate where they come from?
        
             | jackpirate wrote:
             | While I was in North Korea, I basically never used a VPN
             | and rarely had problems with any services. A handful of
             | news sites were blocked (ironically the sites did the
             | blocking and provided a message about sanctions; the North
             | Korean government didn't block anything), and so I needed a
             | VPN for those.
        
             | dsl wrote:
             | All North Korean internet traffic originates from
             | 175.45.176.0/22. They have no reason to hide (except for
             | the massive amount of cyber crime they originate, where
             | VPNs are used)
        
               | tlrobinson wrote:
               | > They have no reason to hide (except for the massive
               | amount of cyber crime they originate, where VPNs are
               | used)
               | 
               | And, well, trade sanctions, which is why the parent
               | comment wondered if they used VPNs.
        
               | dsl wrote:
               | I used to use an Iranian based VPN. Sanctions are almost
               | always implemented by billing address, not by IP address.
               | Geolocation services are crap when you start getting in
               | to third world countries.
        
               | mirimir wrote:
               | Billing addresses are easy to fake.
        
         | luckylion wrote:
         | > I am glad that we restored access to the account in less than
         | an hour after Aurelia filed their appeal.
         | 
         | You mean after they went semi-viral on Twitter and landed on
         | the HN front page. But I'm sure _it doesn 't happen again_ (to
         | this repository, for this reason, in this year; everything else
         | is on the table).
         | 
         | Using Twitter, FB, HN etc as your support-priority-queue system
         | is a terrible idea.
        
           | shadowgovt wrote:
           | As we've seen with all major internet service providing
           | companies, getting customer service right 100% of the time
           | does not scale. Errors happen. The mean time between errors
           | approaches 0 hours as the ratio of users to human beings on
           | the planet approaches 100%.
        
             | luckylion wrote:
             | Sure, but there's plenty of space between offering Google-
             | level support and getting it 100% right. Aim for 100%, not
             | for Google. It's not their terrible support that made them
             | successful, don't copy that part of their operation.
        
               | shadowgovt wrote:
               | Setting the tradeoff in cost / effectiveness where Google
               | did is probably part of the alchemy of what made them
               | successful in the way they are successful (though
               | offering better customer service and "white glove"
               | treatment to a smaller customer base is also extremely
               | likely to be a viable business model).
        
           | tomxor wrote:
           | They reinstated the account 1hr after official appeal.
           | 
           | You comment is only relevant to those posts who are used as a
           | last resort, usually after waiting days or weeks without any
           | human response. AFAICT the tweet was done pretty much
           | simultaneously, perhaps in an attempt to hasten response
           | time.
        
             | luckylion wrote:
             | > They reinstated the account 1hr after official appeal.
             | 
             | Yeah, _because_ it got traction on HN and Twitter. Pretty
             | much the same happened to somebody else just three days
             | ago, and, wouldn 't you know it, after their rant [1] made
             | it to the HN front page [2], Github finally reacted to the
             | appeal after having spent a week ignoring it.
             | 
             | If you expect to ever have troubles with GitHub, you better
             | have a following or some luck to be posting at the right
             | time.
             | 
             | [1] https://medium.com/@catamphetamine/how-github-blocked-
             | me-and... [2] https://news.ycombinator.com/item?id=22593595
        
         | duckmysick wrote:
         | > unfortunately, every company in the world is required to
         | comply with US sanctions if they do any business at all in the
         | United States, e.g. serving US-based customers. This includes
         | even interacting with US banking infrastructure. So being
         | headquartered somewhere else doesn't help; you have to comply.
         | And US sanctions as written do not allow us to provide
         | commercial services or services which could be used
         | commercially to sanctioned countries.
         | 
         | How come DHL is able to ship packages to sanctioned countries?
         | I understand there are some limitations to what can be sent
         | there from the US, but it seems like they are able to do so
         | from other countries. Is the DHL US a separate entity or is
         | there something else I'm missing?
        
         | tmpz22 wrote:
         | I appreciate the difficult position you're in, wanting to
         | provide and advocate access while also forced hard by
         | government regulations which are heavy handed and often over-
         | reaching.
         | 
         | I wonder though, as cool as it is that the CEO of Github posts
         | here, maybe you shouldn't be making this comment. Now a bunch
         | of commentators have raised similar issues and you are now
         | obligated to some degree to contact your legal and engineering
         | teams to look into it - this may result in you having to take
         | down MORE content which was clearly nobody's intention. Rock
         | meet hard place.
        
         | RegnisGnaw wrote:
         | Do you think as the EU and PRC grows politically and
         | economically, they will start throwing around similar sanction
         | requirements as the USA? Will GitHub be forced to obey those as
         | well?
        
           | ljm wrote:
           | The EU has GDPR which has a provision against making
           | automated decisions, which has been outlined by the UK as
           | such: https://ico.org.uk/for-organisations/guide-to-data-
           | protectio...
        
           | johannes1234321 wrote:
           | GitHub hast to follow EU legislation already - see GDPR for a
           | famous one.
        
         | sneak wrote:
         | > _We are taking the broadest possible interpretation of US
         | sanctions law to allow as much access to GitHub as possible and
         | we are, as far as I know, the only major vendor to offer public
         | repo access in US-sanctioned countries like Iran, Syria, and
         | Cuba._
         | 
         | Does this mean that users in sanctioned countries can create
         | accounts and use the site noncommercially as normal, just as
         | long as they don't have private repos? It was my understanding
         | that you will nuke ANY account possessed by someone from a
         | sanctioned country.
         | 
         | PS: Please stop doing business with ICE.
        
           | [deleted]
        
         | anm89 wrote:
         | Responses like this are so disgusting to me. It perfectly
         | highlights that the only way to get treated fairly on the
         | system is to be important enough to make the CEO look bad and
         | get a direct response from him.
         | 
         | They have unlimited resources more or less to review sanctions
         | cases, they choose to spend them on buybacks, and executive
         | bonuses, and private jets. They are not ever going to take the
         | time to do this properly because the interests of their users
         | are their last priority.
         | 
         | Sounds like a great time to get off the github platform as soon
         | as possible before your repos dissappear because some iranian
         | guy posted an issue.
         | 
         | Note they didn't mention why they incorrectly flagged the repo
         | or take any responisbility for doing so, or make any claim that
         | it's not going to happen in the future. They just claim it's
         | the government's fault. Bullshit.
        
         | bogomipz wrote:
         | Is there really no process in place to first notify an
         | organization that you will need to close their account down? Or
         | is there something in existing sanction law that prevents
         | extending such a courtesy when account is flagged?
        
         | Aeolun wrote:
         | I don't think any company headquartered outside the US _has_ to
         | comply with those laws. It's only if they value doing business
         | _in_ the US enough to do so.
        
         | Sephr wrote:
         | Do you believe that trade regulations such as ITAR apply to
         | open source software? I do not, and it appears that your
         | employees do not believe this either.
         | 
         | GitHub is currently hosting multiple GPS implementations1 that
         | are clearly against this line in your ToS, in addition to also
         | being against ITAR by not implementing speed limits for
         | missiles:
         | 
         | "GitHub may not be used for purposes prohibited under
         | applicable export control laws, including purposes related to
         | the development, production, or use of [...] long range
         | missiles or unmanned aerial vehicles."
         | 
         | I think you should probably make a blog post explaining
         | GitHub's stance on this issue.
         | 
         | [1]: One of which is https://github.com/gnss-sdr/gnss-sdr. This
         | repository does not implement ITAR-required GPS speed limits.
         | Even if it was ITAR-compliant, the limits could easily be
         | removed as it is open source software.
         | 
         | ----------------------------
         | 
         | Update: GitHub has updated their ToS to remove this line. It
         | was present on July 27, 2019. The issue still stands with this
         | current statement from their ToS
         | (https://help.github.com/en/github/site-policy/github-and-
         | tra...), which forbids ITAR-regulated software:
         | 
         | "Users are responsible for ensuring that the content they
         | develop and share on GitHub.com complies with the U.S. export
         | control laws, including the EAR and the U.S. International
         | Traffic in Arms Regulations (ITAR). The cloud-hosted service
         | offering available at GitHub.com has not been designed to host
         | data subject to the ITAR and does not currently offer the
         | ability to restrict repository access by country."
        
           | xxpor wrote:
           | The difference is companies actually get in a LOT of trouble
           | for sanctions violations. When was the last time someone was
           | prosecuted for an illegal GPS implementation?
        
             | jiggawatts wrote:
             | The minute someone uses an open-source GPS radio to build a
             | cruise missile in their garage, and uses it for
             | assassinations.
             | 
             | Given the current tech level available to hobbyists, this
             | isn't that far fetched.
        
               | jacquesm wrote:
               | You don't need an open source GPS radio for that, just
               | fly a bit slower. The upper limit is plenty fast for
               | weapons, 1900 km/h isn't much of a limitation, neither is
               | 59,000 ft of altitude.
        
         | rezonant wrote:
         | You need to do a post-mortem on this. What exactly did Aurelia
         | do to trigger this to start with? A contribution from a
         | sanctioned country? A github issue posted by someone from a
         | sanctioned country? How exactly are open source projects
         | supposed to avoid this possibility if they don't happen to
         | literally be Rob Eisenberg? How many other project repositories
         | have been disabled because of this problem? Is Github doing a
         | review of the processes? Highly doubtful Aurelia's the only one
         | affected, but it might be the only one so far to be able to
         | make it to HN front page.
        
           | djsumdog wrote:
           | Yea, there's a real lack of information in Github's response.
           | I hope we get something more complete.
           | 
           | But really, if your project is mature enough and you have the
           | bandwidth, just host it yourself. Gogs, Gitlab, cgit .. lots
           | of FOSS implementations to choose from.
        
             | 40four wrote:
             | I agree. This is the second story list this we have seen
             | come across the front page of HN this week. I'm glad they
             | sorted it out quickly, but it is almost certainly a result
             | of Mr. Eisenberg's high profile.
             | 
             | We saw another story like this come across the front page
             | this week. The author is less well known (also happens to
             | reside in Russia), and claimed that he had trouble even
             | getting an e-mail response from the given support pathways
             | for appeal. Sounds like it eventually got sorted out, but
             | not without much waiting and effort from the maintainer.
             | 
             | So when GitHub CEO Mr. Friedman jumps in and pats himself
             | on the back for getting this account restored in less than
             | an hour, I can only roll my eyes. To try to sell it like
             | this is an 'average' response to these type of appeals is a
             | little disingenuous.
             | 
             | If I were starting a company today, I would absolutely
             | self-host my repository to guarantee my business is never
             | harmed by some automated flag that could total lock me out
             | of my own work. We use GitLab Community Edition at my
             | company. It is fantastic, and we are in full control.
        
             | rossmohax wrote:
             | Some projects enjoy increase in contributions once they
             | move to Github. I think it was either CPython or Erlang
             | which mentioned this effect.
        
         | dwheeler wrote:
         | Thanks so much for the swift fix, apology, and the current work
         | to try to find out what happened & prevent the recurrence of
         | the mistake. Mistakes are inevitable, especially at scale. I
         | think taking those steps, when the inevitable mistake happens,
         | is all we can ask of anyone.
         | 
         | Good job!!
        
         | notlukesky wrote:
         | So how do you plan to not overreact going forward? Or did the
         | Microsoft acquisition play a role?
        
         | bilekas wrote:
         | Really good to see a proper response here.
         | 
         | Thanks, and I'm sure this will be cleared up, but it is really
         | strange how this flagging is taking place..
        
         | nabakin wrote:
         | Thank you for the response and swift action.
        
       | Kydlaw wrote:
       | It's back
       | https://twitter.com/EisenbergEffect/status/12407052563898900...
        
       | greut wrote:
       | It's been removed from AUR packages as well,
       | https://lists.archlinux.org/pipermail/aur-requests/2020-Marc...
        
       | antoncohen wrote:
       | What frustrates me about these kind of things is how impersonal
       | they are. How many orgs/users does GitHub sanction a day? Too
       | many for it to be able to email the users and ask clarifying
       | questions? Or even have a human dig in and double check what the
       | algorithm says.
       | 
       | Basic human interaction would seemingly solve 99% of false
       | account lockouts and takedowns. Even basic heuristics like this
       | org has a repo with 11,000 stars, it isn't a new user that just
       | signed up yesterday, we need to look into this deeper.
        
         | shadowgovt wrote:
         | Personal interaction and special-case handling of individual
         | issues does not scale. That's the curse of getting too big as
         | an internet service provider of any stripe.
        
         | eterm wrote:
         | Justice isn't supposed to be carried out in darkness.
        
         | cryptonector wrote:
         | In a world in which online presence is an essential attribute
         | of... commerce, professionalism, etc., deplatforming cannot be
         | allowed to be so trivial to effect and difficult (in many cases
         | impossible) to challenge. At some point human rights have got
         | to include sufficient due process to deal with accidental or
         | unjust deplatforming.
        
           | shadowgovt wrote:
           | It's an interesting thought, but at the moment at least,
           | things are still too fluid to really nail down how that would
           | work. What is a "platform?" What is "deplatforming?" If
           | Github kicks me off and I can migrate easily to GitLab, have
           | I been "deplatformed?" Is it morally correct to tie Github's
           | hands from locking someone's account if they're using their
           | git repo to host CP?
           | 
           | We're getting there, but pulling it off is going to require a
           | level of international cooperation that is rarely seen (and
           | tends to give a few key players a lot of power; if we do
           | this, I hope everyone's excited to be living under the US's
           | notion of what morality looks like. Or Europe's. or China's).
        
             | cryptonector wrote:
             | > If Github kicks me off and I can migrate easily to
             | GitLab, have I been "deplatformed?"
             | 
             | Most definitely you have. Especially if the reason and
             | process used by GH is likely to also be in use at GL.
             | 
             | > Is it morally correct to tie Github's hands from locking
             | someone's account if they're using their git repo to host
             | CP?
             | 
             | The relevant question is: is it constitutional. In the U.S.
             | I believe the answer would be a solid "yes" as to a Federal
             | statute that adds due process protections for this, no
             | different than with the many many Federal and State laws
             | and regulations that have created civil justice recourse
             | for specific kinds of torts.
             | 
             | Morality is a different issue, and it's much too easy to
             | flip your question on its head: is it moral to deplatform
             | people if doing so damages their ability to earn a living?
             | 
             | Indeed, there's no need to frame this as a moral question,
             | and it's arguably foolish to do so. It is and should be
             | only a question of policy, politics, and constitutional
             | law.
             | 
             | Regarding politics, mine is a political argument.
             | 
             | Regarding policy, I think it's a good idea to give "little
             | people" some minimal protections from "big people". This is
             | quite standard around the world. There are going to be
             | policy details to debate, but writ large, this is a no-
             | brainer.
             | 
             | I already address the very likely U.S. consitutionality of
             | such a policy.
             | 
             | > We're getting there, but pulling it off is going to
             | require a level of international cooperation that is rarely
             | seen (and tends to give a few key players a lot of power;
             | if we do this, I hope everyone's excited to be living under
             | the US's notion of what morality looks like. Or Europe's.
             | or China's).
             | 
             | No. This can be done in each country w/o internaltional
             | cooperation. Granted, GH might pull out of France, say, if
             | they don't like French laws, and so on. But U.S. business
             | will not leave the U.S. over this.
        
               | shadowgovt wrote:
               | > Indeed, there's no need to frame this as a moral
               | question, and it's arguably foolish to do so. It is and
               | should be only a question of policy, politics, and
               | constitutional law.
               | 
               | Morality drives the shaping of all three of those things,
               | so framing it as a question of morality is unavoidable if
               | one wants to do something other than the status quo
               | (which is "A private service provider may choose to do
               | business with or refrain from doing business with anyone
               | for any reason that hasn't already been carved out by
               | previous civil rights legislation"). I believe you
               | immediately demonstrated this fact by stating as "policy"
               | something that is a moral stance ("little people" deserve
               | some minimal protections from "big people"). And we may
               | do well to remember that the KKK is also "little people",
               | as are neo-Nazis (and society has a vested interest in
               | keeping both groups "little people").
               | 
               | All people should be treated equally as people in the
               | eyes of the law, i.e. with empathy for their humanity.
               | But when you divide groups into "little" and "big" by
               | political belief, sometimes you do, in fact, find
               | situations where the majority should suppress the
               | minority (because the minority's belief is anti-human,
               | and political beliefs are malleable).
        
         | jedberg wrote:
         | Unfortunately US law dictates that you nuke first and ask
         | questions later. You loose your platform protections if you
         | don't.
        
           | antoncohen wrote:
           | Does the law actually require a fully automated means of
           | detection? For example to "nuke first" means you need to know
           | that sanctions apply. If the law doesn't require it to be
           | fully automated, "know that sanctions apply" could involve a
           | human doing verification.
        
             | bdcravens wrote:
             | With over 100M repos, manually reviewing (even if the
             | flagging for review is automated) is likely just not
             | practical. I suspect that once they are aware (the
             | automated flagging) they are then legally on the hook for
             | as long as it takes to perform the review.
        
               | antoncohen wrote:
               | That still comes down to when they are considered
               | "aware". If I emailed GitHub and told them the
               | "microsoft" org was run by people in Iran, would they
               | then be "aware" and need to shutdown the "microsoft" org?
               | If you consider automated flagging to be a tip-off that
               | needs to be investigated, then you aren't "aware" until
               | it is investigated.
               | 
               | I don't think 100 million repos matters. What matters is
               | how many automated tip-offs they need to investigate. It
               | would have taken two minutes of investigation to find out
               | this repo wasn't from a sanctioned country. If it takes
               | two minutes to review a case, a team of five people could
               | review over a thousand cases in an eight hour day. I work
               | for a tech company that has a team of people that reviews
               | uploaded content for copyright violations, it can be
               | done.
               | 
               | Remember that the sanctions are for commercial use,
               | primarily paid accounts. These sanction violation aren't
               | happening at the rate of something like YouTube copyright
               | violations. I wouldn't be surprised if it was less than
               | ten a day.
        
               | bdcravens wrote:
               | Ignoring the financial decision (manual vs automation)
               | this suggests they are more concerned about false
               | negatives than false positives.
        
       | tastroder wrote:
       | Let's take a moment and appreciate the copy and paste support
       | response "If a user or organization believes that they have been
       | flagged in error, then that user or organization owner has the
       | opportunity to appeal the flag by providing verification
       | information to GitHub. Please see our FAQ for the appeals request
       | form." https://twitter.com/GitHubHelp/status/1240682163193942018
       | 
       | Is that an official GH account? It's old and the answers look
       | legitimate but that one is certainly a really off-putting
       | reaction.
        
         | fenwick67 wrote:
         | It doesn't seem off-putting to me. The form is there for a
         | reason. Filling it out is literally easier than explaining
         | everything to a support person on Twitter point-by-point. If
         | you want help, you can spend 60 seconds and fill out a damn web
         | form.
        
           | [deleted]
        
         | jhare wrote:
         | This and this.
         | 
         | Next thing you know they'll require a Windows Live login to
         | make that appeal. Github used to be good. What a waste.
        
         | jtvjan wrote:
         | > Is that an official GH account
         | 
         | Yes. It is linked to from github.community, which is linked to
         | from support.github.com.
        
       | rolph wrote:
       | time to migrate and redeploy, perhaps reface things and setup a
       | new repository.
       | 
       | the trade sanctions thing is about this repository involving paid
       | service:
       | 
       | https://github.com/aurelia/aurelia
       | 
       | "Due to U.S. trade controls law restrictions, paid GitHub
       | organization services have been restricted. For free organization
       | accounts, you may have access to free GitHub public repository
       | services (such as access to GitHub Pages and public repositories
       | used for open source projects) for personal communications only,
       | and not for commercial purposes. "
       | 
       | so it looks like its not the most stable place to make money.
        
       | bilekas wrote:
       | Does any license in particular effect the trade sanctions? MIT
       | for example in my eyes would be the most lax, does that mean that
       | it does not apply for trade sanctions ?
       | 
       | Open source based on government sanctions kinda feels like some
       | oxymoron.
        
       | ISL wrote:
       | What is Aurelia? Why would it be sanctioned?
        
         | strictnein wrote:
         | https://github.com/aurelia
         | 
         | "A standards-based, front-end framework designed for high-
         | performing, ambitious applications."
        
         | dwohnitmok wrote:
         | It looks like a JS frontend framework. I've never used it. I
         | have no idea why it would be sanctioned. Bizarrely Aurelia 1.0
         | at https://github.com/aurelia/framework has a banner across its
         | top indicating trade sanctions, but the new version Aurelia 2.0
         | doesn't https://github.com/aurelia/aurelia.
         | 
         | Aurelia's developers suspect it's because they have
         | contributors from sanctioned countries. That's the first I've
         | ever heard of such a thing.
         | https://twitter.com/AureliaEffect/status/1240664151753551873
         | 
         | EDIT: And the banner is gone... Just when I was going to save
         | some screenshots.
        
           | save_ferris wrote:
           | My first question is: how does Github know that certain
           | committers are from sanctioned countries? Do they have Github
           | profiles showing they're from sanctioned countries?
           | 
           | Given the number of huge FOSS projects on Github, it's
           | feasible to imagine that many major repos have code
           | contributed by people from sanctioned countries.
           | 
           | I have no idea what their motive is, but it smells really
           | political to me. I could see Github's argument if they
           | violated labor laws by hiring or contracting with individuals
           | illegally, but that doesn't sound like what happened here.
        
             | GordonS wrote:
             | > how does Github know that certain committers are from
             | sanctioned countries? Do they have Github profiles showing
             | they're from sanctioned countries?
             | 
             | Even if not in their profiles, you can pretty reliably
             | detect a user's country from their IP address.
        
         | rolph wrote:
         | this is aurelia:
         | 
         | https://github.com/aurelia/aurelia#introduction
         | 
         | and this is the given reason for sanction:
         | 
         | "This repository has been archived with read-only access. Due
         | to U.S. trade controls law restrictions, paid GitHub
         | organization services have been restricted. For free
         | organization accounts, you may have access to free GitHub
         | public repository services (such as access to GitHub Pages and
         | public repositories used for open source projects) for personal
         | communications only, and not for commercial purposes. Please
         | contact the organization admin and read about GitHub and Trade
         | Controls for more information. "
         | 
         | https://github.blog/2019-09-12-global-software-collaboration...
        
         | gregoriol wrote:
         | The author of the tweet says "A popular open source JavaScript
         | framework with tens of thousands of customers worldwide. The
         | project has been public for 5yrs+, managed by a US company,
         | whose owner is even a GitHub Insider and long time open source
         | leader (15+ yrs)."
        
         | [deleted]
        
         | reallydontask wrote:
         | an spa framework
        
         | ct520 wrote:
         | if angular 1 had a opinionated love child with itself it would
         | be called Aurelia.
        
         | stephenhuey wrote:
         | A front-end framework I first used on a project about 4 years
         | ago. I always hoped it would become as popular as Angular or
         | React but it hasn't picked up that much (I still have hope
         | since I like it so much). Pretty strange that GH would have
         | applied sanctions to it, even if it was a mistake.
        
         | orclev wrote:
         | First a disclaimer, this is pure speculation on my part, but
         | based on what others have said about github cracking down on
         | sanctioned countries. I'm guessing they audited and found some
         | accounts that belonged to people they suspected of being from
         | sanctioned countries, and then went massively overboard and
         | nuked any repo those users ever contributed to.
        
           | xkcd-sucks wrote:
           | I wonder if one could get repos nuked by making issues /
           | signing in / forking / pushing commits through a VPN in
           | Russia/Iran/etc
        
             | buckminster wrote:
             | Now that github is enforcing this they probably block
             | sanctioned countries at the network level.
        
       | scalableUnicon wrote:
       | And I just finished setting up gitea(https://gitea.io/en-us/) on
       | my server and mirrored all my repos. An elegant piece of
       | software, setup was straightforward and took less than an hour.
        
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