Agree that it wouldn’t work for every event. I could see it working for someone with a pattern of coming to shorter events—asking someone who has become a regular attender at events for a certificate would be appropriate. Although I suggested an hour-long class because I like the idea of everyone regularly in the community receiving training, the less-involved person training could be 10-15 minutes.
I think the increased visibility of the process (compared to CH-event organizer checks) could be a feature. If you hand over a green cert, you are subtly reminded of the advantages of being able to produce one. If you hand over a yellow one, you are made aware that the organizers are aware of your yellow status and will likely be keeping a closer eye on you . . . which is a good thing, I think. Asking to see a certificate before dating or having sex with another EA shouldn’t be an affirmatively encouraged use case, but some people might choose to ask—and that would be 100% up to the person. But that might be an additional incentive for some people to keep to green-cert behavior.
Although no one should take this as legal advice, one of the possible merits of a certificate-based approach is that the lack of merit in a defamation suit should be clear very early in the litigation. The plaintiff will realize quickly that they aren’t going to be able to come up with any evidence on a foundational element of the claim (a communication from defendant to a third party about the plaintff). With a more active check-in, you’re going to have to concede that element and go into discovery on whether there was communication that included (or implied) a false statement of fact. Discovery is generally the most expensive and painful part of litigation—and even better, a would-be plaintiff who can figure out that there was no communication will probably decide never to sue at all.
Agree that it wouldn’t work for every event. I could see it working for someone with a pattern of coming to shorter events—asking someone who has become a regular attender at events for a certificate would be appropriate. Although I suggested an hour-long class because I like the idea of everyone regularly in the community receiving training, the less-involved person training could be 10-15 minutes.
I think the increased visibility of the process (compared to CH-event organizer checks) could be a feature. If you hand over a green cert, you are subtly reminded of the advantages of being able to produce one. If you hand over a yellow one, you are made aware that the organizers are aware of your yellow status and will likely be keeping a closer eye on you . . . which is a good thing, I think. Asking to see a certificate before dating or having sex with another EA shouldn’t be an affirmatively encouraged use case, but some people might choose to ask—and that would be 100% up to the person. But that might be an additional incentive for some people to keep to green-cert behavior.
Although no one should take this as legal advice, one of the possible merits of a certificate-based approach is that the lack of merit in a defamation suit should be clear very early in the litigation. The plaintiff will realize quickly that they aren’t going to be able to come up with any evidence on a foundational element of the claim (a communication from defendant to a third party about the plaintff). With a more active check-in, you’re going to have to concede that element and go into discovery on whether there was communication that included (or implied) a false statement of fact. Discovery is generally the most expensive and painful part of litigation—and even better, a would-be plaintiff who can figure out that there was no communication will probably decide never to sue at all.