# Independent Ethics Review Board (IERB) Guidelines  
*For the Ethical Open License 1.0*  

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## 1. Purpose  
The IERB ensures ethical compliance with the Ethical Open License by:  
- Interpreting and enforcing prohibited use cases (e.g., mass surveillance, discrimination).  
- Reviewing alleged violations and issuing rulings.  
- Publishing transparent guidelines and decisions to uphold accountability.  

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## 2. IERB Composition

### 2.1 Membership  
- **7 members total** are appointed by a multi‑stakeholder committee comprising representatives from international human rights organizations, diverse open‑source communities, and legal experts. This collaborative approach ensures balanced representation and reinforces board independence.
  - **2 legal experts:** Specializing in international law, intellectual property, or human rights.
  - **2 open‑source advocates:** Representatives from major open‑source organizations (e.g., OSI, Apache Foundation).
  - **3 domain‑specific ethicists:** Experts in AI ethics, data privacy, or sociotechnical systems.
- **Term:** 3 years, renewable once.

### 2.2 Conflict of Interest  
- Members must recuse themselves from cases involving their employers, close associates, or competing projects.


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## 3. Prohibited Uses

For clarity and consistency, the following key terms are defined explicitly:

- **Mass Surveillance:** The systematic collection and monitoring of personal data without explicit consent, in violation of internationally recognized privacy standards (e.g., GDPR, UN Guiding Principles).
- **Unethical Practices:** Actions that violate a clearly enumerated list of human rights benchmarks, including those established by the UN Guiding Principles.

The IERB evaluates violations based on the following criteria:

### 3.1 Mass Surveillance  
- **Examples:**  
  - Facial recognition tools targeting marginalized groups.  
  - Bulk data collection for non-transparent government tracking.

### 3.2 Warfare & Oppressive Regimes  
- **Examples:**  
  - Software integrated into autonomous combat drones.  
  - Predictive policing tools used to suppress dissent.

### 3.3 Discrimination & Hate Speech  
- **Examples:**  
  - AI models trained on the Software to deny loans based on ethnicity.  
  - Social media algorithms promoting extremist content.

### 3.4 Unethical Practices  
- **Definition:** Use cases that violate the explicitly defined human rights benchmarks above.


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## 4. Violation Review Process

### 4.1 Complaint Submission  
- Complaints must include:
  - **Evidence:** e.g., code snippets, screenshots, usage documentation.
  - **Impact Statement:** Explanation of the harm caused.

### 4.2 Preliminary Assessment  
- The IERB determines if the complaint is actionable within **7 days**.

### 4.3 Formal Review  
- **Timeline:** 60 days from acceptance.
- **Steps:**  
  1. Notify the accused party and request a response (15 days).
  2. Gather evidence (e.g., third-party audits, expert testimony).
  3. Hold a private hearing (optional).
  4. Deliberate and issue a majority‑rules decision.

### 4.4 Outcomes and Enforcement  
- **No Violation:** Case dismissed.
- **Violation Confirmed:**  
  - The accused party must submit a remedial action plan with clearly defined, objective criteria for compliance during a 30‑day cure period.  
  - Failure to meet these criteria will result in the termination of license rights.  
  - A public disclosure of the decision (redacted for sensitive data) will be issued.


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## 5. Appeals & Arbitration Process
- **Appeals:** Filed within 30 days of an IERB ruling.
- **Process:**  
  - Binding arbitration under UNCITRAL rules.
  - The designated venue in Zürich now includes provisions for remote hearings or alternative neutral locations, especially for parties outside Europe.
  - Arbitrators: 3 neutral experts selected by the Swiss Arbitration Association.


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## 6. Transparency & Reporting  
- **Published Materials**:  
  - Annual report summarizing cases and trends.  
  - Redacted decisions on a public repository.  
- **Guideline Updates**:  
  - Revised every 2 years with community feedback.  

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## 7. Code of Conduct for IERB Members  
- **Impartiality**: Decisions based solely on evidence, not personal bias.  
- **Confidentiality**: Protect sensitive information disclosed during reviews.  
- **Accountability**: Members violating ethics rules may be removed by the Software Freedom Conservancy.  

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## Appendix A: Examples of Ethical vs. Unethical Use  
| **Ethical**                          | **Unethical**                          |  
|---------------------------------------|-----------------------------------------|  
| Healthcare diagnostics for underserved communities | Predictive policing tools targeting minorities |  
| Climate change modeling               | Deepfake tools for political manipulation      |  

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**Approved by the IERB on [DATE]**  
*These guidelines are supplemental to the Ethical Open License 1.0 and enforceable under its terms.*