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- Henry ("Harry") de Valence, a former Ph.D. student at Technische
- Universiteit Eindhoven (TU/e), posted a remarkable collection of
- misinformation last Thursday. I'm Daniel J. Bernstein, a professor at
- TU/e who served as one of Mr. de Valence's supervisors. I'm writing this
- document to set the record straight.
- My most important role in these events is as the manager of TU/e's
- Cryptographic Implementations group, and in particular of another
- student, Jacob Appelbaum. Mr. de Valence was in another group, TU/e's
- Coding Theory and Cryptology group, managed by Prof. Tanja Lange.
- Mr. de Valence falsely claims that in mid-2016 he told me that he felt
- he "had no option but to resign, due to sexual harassment, blackmail,
- and physical abuse" by Mr. Appelbaum. This claim is, in both words and
- content, wildly exaggerating what Mr. de Valence actually told me at
- that time.
- I don't mean to say that what Mr. de Valence told me was content-free.
- Most importantly, (1) he indicated severe discomfort being around Mr.
- Appelbaum as a result of stories that he had heard (and obviously
- believed) from some non-students regarding Mr. Appelbaum's behavior
- towards them; and (2) he reported a firsthand eye-drop story that
- sounded much less severe than what he now claims (see below) but that
- was obviously bothering him.
- The right way forward was for Mr. de Valence to send me a self-contained
- written complaint. But Mr. de Valence never did this, even after I sent
- him email on 16 June 2016 very clearly advising him to do so.
- If Mr. de Valence believed that he was a victim of blackmail, sexual
- assault, battery, or any other crime, then why didn't he go to the
- police? If he believed he was a victim of sexual harassment or any other
- serious misbehavior by any of my employees, then why didn't he file a
- complaint with me? Regarding what he _actually_ told me, why was he so
- resistant to putting that into writing to me when I advised him to?
- Mr. de Valence seems to indicate that, a few months later, he sent some
- sort of complaint to other people in the department. He never sent me
- the complaint, and I still haven't seen a copy; I don't know how similar
- it was to what he now posts. I'm told that Mr. de Valence was repeatedly
- advised to file a formal complaint with the appropriate university
- complaints committee. It seems that he never did this. Why not?
- On occasion Mr. de Valence seems to be attempting to answer these basic
- questions, but his answers don't make any sense. Even if he actually
- _had_ some legitimate reason for refusing to follow the recommended
- complaint procedures, the simple fact is that he _didn't_ follow those
- procedures. This fact is quite contrary to his picture of complaints
- being ignored. He also says much more that simply isn't true.
- Mr. de Valence writes:
- > On August 31, 2015, I started a Ph.D. in cryptography at TU Eindhoven,
- > working with Tanja Lange and Dan Bernstein. On December 2, 2016, I
- > resigned, due to sexual harassment, bullying, blackmail, and physical
- > harm
- Mr. de Valence also sent a message to twenty people last month claiming
- "In fact, I told both Dan and Tanja in June that I felt I had no option
- but to resign, due to sexual harassment, blackmail, and physical abuse
- by another of their students." See above.
- > as a result of their favorite student, Jacob Appelbaum,
- Huh? Isn't there overwhelming evidence that Mr. de Valence was our
- favorite student? Let's look at just a few examples of the facts that
- immediately come to mind and that could be dredged up by someone who
- wants to write a "Henry de Valence: Dan and Tanja's favorite student"
- book.
- Our home has some space for guests, and part of this guest space was Mr.
- de Valence's home for an extended period, including a week when we
- weren't there and many times we were there. We treated him to meals many
- times. I loaned Mr. de Valence my walking stick (a nicely engineered,
- hard-to-replace item that we had found during a visit to Taiwan) after
- he hurt his knee on a mountain trip; when he carelessly damaged the
- stick, I didn't ask him to replace it, or even to pay for the
- replacement that we eventually found. We spent a tremendous amount of
- time, both at home and at work, trying to help Mr. de Valence with his
- non-work problems; for example, trying to console him when he revealed a
- private issue in his consensual sex life and indicated how disturbed he
- was about it. As for work per se, Mr. de Valence was offered and
- accepted a special Ph.D. position with a package of perks that very few
- Ph.D. students obtain. I devoted extensive time to finding research
- tasks at the right level for Mr. de Valence and guiding him through
- those tasks. I insisted on keeping his name as coauthor on a paper even
- after his scientific misbehavior provided almost overwhelming
- justification for kicking him off. Et cetera, et cetera, et cetera.
- The reality is that we try very hard to provide a welcoming, supportive
- environment for _each_ of our students, and to launch _each_ of them
- into a successful career. I'm sorry that this didn't work in Mr. de
- Valence's case, and I wish I had more insight into the reasons for his
- puzzling behavior.
- > as well as Tanja and Dan's total abdication of their responsibility to
- > manage the workplace environment in their research group.
- I don't think I need to respond to claims by Mr. de Valence that are at
- such a remarkable distance from amply documented reality.
- > This is the story of why I felt no option but to leave, and
- > why I feel that I have no option now but to speak about what happened.
- I can believe that this is an accurate statement of how Mr. de Valence
- feels. But then why didn't he send me a written complaint when I advised
- him to?
- > I first heard of Jacob's inappropriate behaviour in December of 2015,
- > while in Berlin after the CCC. A close friend contacted me, telling that
- > Jacob had grabbed her, that he had told her to "just go with it" when
- > she told him to stop, that he had repeatedly violated her boundaries, and
- > that she wanted me to help watch out that he did not have an opportunity
- > to violate them further.
- The word "violated" sounds serious. "Grabbed her" and "repeatedly
- violated her boundaries" might even be accusations of sexual assault,
- depending on various details that are not stated here. If Mr. Appelbaum
- committed a crime then he should go to jail.
- I understand that Mr. de Valence feels convinced by whatever details he
- heard, and does not feel the need for any additional verification before
- he acts upon the accusations. Similar comments apply to various other
- accusations that Mr. de Valence repeats regarding Mr. Appelbaum. To be
- clear: If I don't quote an accusation, does this mean that I'm saying
- that the accusation isn't important to Mr. de Valence, or important for
- its own sake? Certainly not.
- > I had observed numerous red flags from Jacob over the preceding four
- > months, including an incident at the September 2015 Tor meeting,
- During those four months I observed Mr. de Valence frequently laughing
- and joking with Mr. Appelbaum, seeming to enjoy and actively solicit his
- company, and sharing intimate personal information with him. They even
- seemed to be actively investigating shared long-term two-or-three-person
- housing options together.
- By retroactively using the words "red flags", and by being amazingly
- selective in the information that he reveals, Mr. de Valence leads the
- reader to imagine a picture of fear and loathing. If Mr. de Valence
- actually felt this way at the time then he was doing a masterful job of
- concealing it.
- Mr. de Valence does not _explicitly_ state this picture; he merely lets
- the reader imagine it, and suppresses information that would have made
- the actual picture clear. There is much more of this type of deception
- in Mr. de Valence's blog post. (There are also many outright errors, but
- that's a different issue.)
- > "rape is not a problem in our community". (Tor's subsequent internal
- > investigation would seem to disagree with his assessment.)
- I've heard people expressing radically different understandings of (1)
- whether the Tor Project concluded that Mr. Appelbaum raped someone and
- (2) whether the Tor Project followed procedures that give an adequate
- level of confidence in whatever its conclusions actually were.
- Rather than engage in similar speculation on the basis of sketchy public
- information, I sent email in July 2016 to the Tor Project's Shari Steele
- asking for the investigation report:
- I gather from
- https://lists.torproject.org/pipermail/tor-project/2016-July/000521.html
- that there's an announcement of "the conclusion of the investigation"
- coming up this week. Would it be possible for me to peek at the
- investigation report? I'm interested both in procedural questions (for
- example, if the investigation had enough procedural protections, then
- perhaps other parties could safely rely on it, rather than initiating
- their own investigations) and in substantive details. I assume that the
- confidentiality levels vary between different parts, and of course I'll
- follow your confidentiality directives in detail.
- In response she said she wouldn't be able to share any of the report
- with me:
- We will be announcing the conclusion of the investigation this week.
- Sorry, but the report from the investigation is confidential, and I
- won't be able to share any of it with you.
- This is very far from answering the obvious questions regarding content
- and procedures.
- > In the fall of 2015, I worked as a TA grading homework for a cryptography
- > course Tanja taught at Eindhoven. In January 2016, after missing the
- > lectures for the course, Jacob returned to the university to write the
- > exam.
- First: The lectures were videotaped. There was no presence requirement
- for any of the students, i.e., no requirement for any of the students
- to be physically present in class.
- Second: Mr. Appelbaum followed an education plan stated in his contract,
- a plan reviewed and approved at the highest levels of the university.
- His compliance with this plan was reviewed in detail by an independent
- committee. His requirements regarding this course did _not_ include any
- requirement to attend the lectures.
- Third: The lectures were given in one quarter. Mr. Appelbaum followed
- the course in the _next_ quarter. Mr. de Valence comments repeatedly on
- timing without mentioning this obviously relevant point.
- > After he wrote the exam, Tanja asked me to grade Jacob's homeworks,
- > informing me that his homework grade "really did matter",
- As a general note, Mr. de Valence's accusations regarding Prof. Lange
- are wildly inconsistent with things I heard much earlier from Prof.
- Lange. Obviously Prof. Lange can speak for herself. If I skip past one
- of these accusations, it's not that I'm endorsing the accusation; it's
- that I'm focusing on the parts of Mr. de Valence's story that I know
- _firsthand_ to be false.
- From various discussions that I witnessed _before_ the exam, it was
- completely clear that Mr. de Valence had already been asked to grade,
- and had agreed to grade, the homework. What Mr. de Valence says about
- timing is therefore fundamentally wrong.
- The fact that Mr. de Valence had agreed to grade the homework brings me
- to a very important issue.
- If I believe what Mr. de Valence writes in his blog post now, then Mr.
- de Valence was deeply angry with Mr. Appelbaum. Furthermore, he knew
- this starting in December 2015, _before_ he graded the homework. Mr. de
- Valence was obliged to disclose the existence of a conflict, and recuse
- himself from grading. But he instead hid this information.
- Why did Mr. de Valence hide this information? Why did he not recuse
- himself from grading? This would appear to be severe academic misconduct
- by Mr. de Valence. Perhaps there's something that Mr. de Valence can say
- to defend himself, but I can't figure out what this might be.
- > and allowed Jacob to tell me in her presence that I needed to grade
- > his homeworks favourably.
- This doesn't match any of the discussions that I witnessed. What exactly
- does Mr. de Valence claim that Mr. Appelbaum said, and when exactly does
- he claim that this happened? What exactly does Mr. de Valence claim he
- said in response? What exactly does he mean by "allowed"? If Mr. de
- Valence thought he was being pressured, why didn't he immediately file a
- complaint?
- > Of course, all of the other students in the class were required to
- > submit their assignments on time,
- Different quarter. See above.
- > to be graded together according to a standard rubric.
- Clarification question for Mr. de Valence: Are you claiming that, under
- pressure, you did _not_ follow the standard rubric in grading Mr.
- Appelbaum's homework? Or are you claiming that there was pressure but
- you resisted it?
- There is a committee at TU/e charged by law with ensuring proper
- grading, and I have recently learned that claims by Mr. de Valence
- related to this topic have been formally investigated and rejected by
- that committee. Now that Mr. de Valence has issued public accusations,
- it would seem that a public resolution will be necessary, starting with
- Mr. de Valence making clear what exactly his accusations are.
- > This incident is an example of how, for Tanja and Dan, rules and process
- > are for other people, not for Jacob. Jacob is exceptional. He was not
- > required to complete the homework for his required courses on time.
- All of this is false. See above.
- > He was given special treatment with respect to grading.
- The details of this claim are not supported by, and are partly
- contradicted by, the firsthand information available to me. See above.
- > He was invited to give talks with little-to-no content, which would be
- > rejected if they were given by anyone else.
- Mr. Appelbaum gave two nice talks at Security in Times of Surveillance,
- a general-audience ethics-and-technology event that in three years has
- drawn a total of approximately 1000 people. See his videos online:
- https://www.win.tue.nl/eipsi/surveillance/appelbaum.mp4
- https://projectbullrun.org/surveillance/2015/video-2015.html#appelbaum
- These talks were invited by a several-faculty-member organizing
- committee. The talks were in April 2014 and May 2015, before Mr.
- Appelbaum joined TU/e.
- I can think of three talks that Mr. Appelbaum gave at our invitation
- during his student time. One was a talk at another cross-disciplinary
- workshop, Post-Snowden Cryptography:
- https://psc2015videos.projectbullrun.org/#appelbaum
- The other two were two talks in a row for a class at TU/e. He was also
- invited for a followup Security in Times of Surveillance talk but
- cancelled because of illness.
- I'm puzzled by Mr. de Valence's "little-to-no content" claim regarding
- these talks. Surely Mr. de Valence does not think he would have been
- able to give talks communicating the same information to the audience.
- Presumably Mr. de Valence is actually trying to say that he doesn't
- _like_ this content. Of course he's entitled to his opinion, but there's
- ample evidence of quite positive audience feedback for Mr. Appelbaum's
- talks.
- I also can't figure out what Mr. de Valence thinks he means when he says
- that Mr. Appelbaum was invited to give talks that "would be rejected if
- they were given by anyone else." Part of the communication problem is
- that Mr. de Valence seems to be mixing up two different processes here:
- (1) People are _invited_ to give talks.
- (2) People submit _proposals_ of talks, and the proposals are either
- accepted or rejected.
- All of the talks mentioned above followed the first process.
- > He was not expected to regularly show up for work or
- > for his courses (from mid-January to August, I saw him at the university
- > once, when he appeared for the group outing of the Discrete Math section).
- 1. If Mr. de Valence didn't see Mr. Appelbaum at the university, is this
- because Mr. Appelbaum wasn't there, or because Mr. de Valence wasn't
- there?
- Something Mr. de Valence neglects to mention is that _Mr. de Valence_
- was paid for many hours where he wasn't actually at the office. This
- fact undermines both (1) Mr. de Valence's statistical argument and (2)
- Mr. de Valence's favoritism argument.
- 2. More importantly, we are very open _for everyone_ in allowing
- flexible work schedules, telecommuting, travel, etc. Mr. de Valence was
- certainly aware of this, frequently took advantage of it, and now fails
- to mention it.
- Of course there are advantages to in-person meetings, and sometimes
- there are specific requirements to show up. For example, I'm told that
- Mr. de Valence was removed from TAing a course as a direct result of his
- unannounced failure to show up for an exam that he was required to
- proctor.
- 3. Mr. Appelbaum has never been a full-time TU/e employee. In
- particular, he was hired for, and paid for, only 50% time during his
- first year, with the understanding that he would be continuing to travel
- for his continuing Tor work. See above regarding courses.
- 4. For part of the period of time mentioned by Mr. de Valence, we were
- trying to keep Mr. de Valence and Mr. Appelbaum separated from each
- other. One of the reasons is that Mr. de Valence had requested this.
- > In February, while the group was planning travel to Japan for the
- > PQCrypto conference, Tanja asked me to share an AirBNB with Jacob. Though
- > I was not comfortable having to spend time with Jacob, I did not feel
- > comfortable declining, since the rest of the group's accommodations
- > were already booked.
- Once again: if I believe what Mr. de Valence now writes, then Mr. de
- Valence knew starting in December 2015 that he was deeply angry with Mr.
- Appelbaum. But in February 2016 he was still concealing this information
- from me, and I'm told also from Prof. Lange, and I'm told also from Mr.
- Appelbaum. Mr. de Valence did _not_ reveal that he was uncomfortable
- sharing a room with Mr. Appelbaum.
- This is puzzling behavior. Again, why was Mr. de Valence hiding this?
- > Jacob came upstairs with a bottle of irritant eye drops, supposedly
- > containing menthol, and pushed me to let him put them in my eyes. I
- > said no, three times, before deciding that, because Jacob thrives on
- > provoking negative reactions from others, it would be best to "go
- > along to get along" until I would no longer have to deal with him.
- This is similar to a story that Mr. de Valence told me in mid-2016, but
- one of the differences is quite striking. In the mid-2016 version of
- what Mr. de Valence said, Mr. Appelbaum
- * first put the same eye drops into _his own_ eyes, and then
- * convinced Mr. de Valence to take the same eye drops.
- As a more minor point, from the story that Mr. de Valence told me in
- mid-2016, I thought that Mr. de Valence had taken the eye drops himself
- (i.e., V agreeing to V putting the eye drops into V's eyes, rather than
- V agreeing to A putting the eye drops into V's eyes). This could have
- been miscommunication, but Mr. Appelbaum taking the eye drops first was
- a completely clear element of Mr. de Valence's story. More broadly, Mr.
- de Valence's mid-2016 story sounded vastly less nefarious and terrifying
- than the story he now puts online.
- Why does Mr. de Valence now omit from his story the point about Mr.
- Appelbaum taking the eye drops first? And why did he wait months after
- February before telling me that something had happened?
- I was expecting that, as a result of my advising Mr. de Valence to send
- me a written complaint, he would put his version of this story into
- writing, and then I could ask Mr. Appelbaum for _his_ version, and then
- we would resolve any discrepancies, and then see what further action was
- warranted---calling in outside assistance if necessary. Someone reading
- Mr. de Valence's current stories might think that outside assistance was
- clearly necessary, but, again, what he said back then was different.
- I suppose it's progress that Mr. de Valence has now put some version of
- his story into writing where I can see it. Why did this take Mr. de
- Valence nine months to accomplish after I advised him to do so? Why did
- it take him more than a year after the actual events?
- I've asked Mr. Appelbaum about the eye drops. He disputes Mr. de
- Valence's "irritant eye drops" description; he says that they were
- non-prescription Japanese eye drops to _relieve_ irritation. Of course
- even the most innocent chemicals can have different effects on different
- people, and clearly Mr. de Valence is unhappy with how his eye felt, and
- if Mr. de Valence _had_ filed a complaint with me then this information
- about the eye drops would have been only the first step in understanding
- what happened and what actions were warranted.
- If Mr. de Valence were to _now_ file a complaint with me regarding the
- eye drops, I would recuse myself and recommend that he file a complaint
- with the appropriate university complaints committee for investigation.
- It's not that I consider myself incapable of investigating; it's that
- there seems to be a significant risk that Mr. de Valence will engage in
- ad-hominem attacks in an attempt to discredit any negative conclusions.
- > My right eye, into which Jacob placed an irritant eye drop, has never
- > really felt the same since then; for months afterward it was
- > continually slightly irritated, often watering, and I would get
- > headaches localized to my right temple.
- This sounds serious---so why did Mr. de Valence wait additional months
- before coming to me, and why didn't he follow my advice to send me a
- written complaint? His behavior is baffling.
- [ quite a few months after the eye drop: ]
- > I spoke to Dan for nearly two hours, describing Jacob's
- > behaviour. Specifically, I told Dan that I was contacted by a close
- > friend whose boundaries Jacob violated, about Jacob's conduct in the
- > AirBNB, including that he made threatening statements, about the damage
- > he caused to my eye, that he had repeatedly behaved inappropriately to
- > me, and that he had threatened retaliation against my partner.
- Mr. de Valence is using a highly deceptive rhetorical device here. I
- never saw him do anything like this in person; in particular, what he
- actually said in this particular conversation was quite different from
- what this description makes the reader believe.
- Let me give an example to explain what the rhetorical device is. Is Mr.
- de Valence claiming that he told me that he was sexually harassed?
- Mr. de Valence did indicate that he felt severe discomfort being around
- Mr. Appelbaum as a result of stories that he had heard from other people
- regarding Mr. Appelbaum's behavior. But this doesn't answer the question
- I'm asking. The question is specifically whether Mr. de Valence is
- claiming that he told me that Mr. Appelbaum sexually harassed _him_.
- Mr. de Valence writes that he had told me that Mr. Appelbaum "had
- repeatedly behaved inappropriately to me". Given the context, many
- readers would leap to the conclusion that the reported behavior towards
- Mr. de Valence was sexual harassment---maybe even sexual assault.
- But that's flatly wrong. Mr. de Valence did _not_ report to me that he
- had been sexually harassed. The impression that he creates in the mind
- of many readers is divorced from reality.
- In response to my pointing out this deception, Mr. de Valence can say "I
- never said that I reported being sexually harassed---I simply said Jake
- was behaving inappropriately to me", evading responsibility for the
- deception created by his own choice of words. This deniable type of
- deception arises from
- (1) the wide range of meanings of "inappropriately",
- (2) a reader mindset created by the context, and
- (3) a failure to add details that provide clarity.
- "Inappropriately" is not the only word that allows this type of abuse.
- I'm deliberately choosing the word "abuse" here as another illustration:
- if someone accused Mr. de Valence of engaging in abuse, without giving
- these clarifying details, then many readers would be deceived, and yet
- the accuser would have deniability. Students of rhetoric will observe an
- impressive display of such deception in portions of Mr. de Valence's
- blog post.
- In person, Mr. de Valence didn't use words like "inappropriately", and
- didn't play such games with the context. He was making vastly more clear
- statements of fact (or at least what he seemed to believe to be facts).
- He was describing questions from Mr. Appelbaum and telling me that he
- didn't want to answer those questions. He was describing stories from
- Mr. Appelbaum and telling me that he didn't want to hear those stories.
- He didn't say that Mr. Appelbaum had "behaved inappropriately", and he
- was describing his own perspective at the end of those conversations as
- "yeah, whatever" with a dismissive hand wave---quite different from
- claiming that the conversations were serious problems. I nevertheless
- told him that if he had clearly told Mr. Appelbaum to stop, and Mr.
- Appelbaum had persisted, then he should complain to Prof. Lange and me.
- Mr. de Valence expressed much more concern with his eye-drop story---a
- story where he agreed to take eye drops after seeing Mr. Appelbaum take
- them---and clearly he was troubled by the much more serious accusations
- that he had heard from other people. Mr. de Valence didn't say that Mr.
- Appelbaum had "caused" damage to him or subjected him to "physical
- abuse", but I thought formal followup action was warranted. I advised
- Mr. de Valence to send me a self-contained written complaint. He didn't.
- Why not?
- > Dan's suggestion on hearing that Jacob caused me physical harm
- Once again: What Mr. de Valence actually told me was that Mr. Appelbaum
- had first put the same eye drops into his own eyes, and then convinced
- Mr. de Valence to take the same eye drops.
- > was to suggest that Jacob and I should have an unspecified "mediation
- > process".
- In response to what Mr. de Valence _actually_ told me, I pointed out
- various problem-resolution options, including ombudsmen and mediators.
- Not long after this, I sent Mr. de Valence email advising him to file a
- written complaint with me.
- > The Tor Project announced the reasons for Jacob's departure during a
- > summer school on cryptography in Croatia. At the same time, an anonymous
- > group posted their stories of Jacob's abuse online.
- I'll comment on this simply to point out an interesting difference in
- terminology.
- The author name on the page was "Jacob's Rape Victims Collective". I've
- checked now, and the author name on the page is still "Jacob's Rape
- Victims Collective":
- <meta name="author" content="Jacob's Rape Victims Collective">
- It is not "Jacob's Abuse Victims Collective". The people who
- spray-painted Mr. Appelbaum's house spray-painted "rapist" and
- "Vergewaltiger", not "abuser".
- > On June 4, Dan sent an email to the entire research group. Dan informed
- > the group that the only appropriate venue for dealing with Jacob's
- > behaviour is the criminal justice system
- Anyone who compares this assertion to what I actually wrote can see that
- Mr. de Valence is not telling the truth here; not even close.
- Many behaviors---for example, how Mr. Appelbaum behaved according to Mr.
- de Valence's mid-2016 version of the eye-drop incident---are obviously
- part of my job to investigate. This is one of the reasons that I
- repeatedly advised Mr. de Valence to file a written complaint with me
- (something he never did).
- My "crime and punishment" message never said anything to the contrary.
- The message was very clearly talking about rape accusations, and even an
- incredibly sloppy reader cannot possibly have missed this. Surely Mr. de
- Valence cannot be so confused as to imagine that it's my job to
- investigate rape accusations.
- Let me again draw attention to Mr. de Valence's choice of words, in
- particular the word "behaviour", which has a wide range of meanings,
- including meanings on opposite sides of the line that Mr. de Valence
- draws:
- * Someone who reads this word in the context of Mr. de Valence's
- earlier comment will think "behaviour" means, e.g., the eye-drop
- incident, and will be deceived into thinking that I said this
- incident had to be handled by the courts.
- * Someone who compares this word to what I actually wrote will think
- "behaviour" means rape, and won't see how Mr. de Valence is
- misrepresenting my message.
- * Someone who reads the context _and_ the word _and_ my message will
- immediately see that Mr. de Valence is misrepresenting my message.
- But what fraction of readers will read this much?
- I think it's reasonable for me to accuse Mr. de Valence of engaging in
- deliberate deception here. I try to follow Napoleon's maxim of never
- attributing to malice what can be well explained by incompetence, but I
- simply don't see how such patently false characterizations of my message
- can be explained by incompetence.
- > and that he felt it would be inappropriate for him to take any action
- > before the outcome of a court case.
- No, this again misrepresents my message. See above.
- > He took the time to emphasize the need to punish "false accusations",
- > which occur "often"
- Mr. de Valence doesn't even manage to quote accurately: my message does
- say "false accusation" at one point but doesn't say "false accusations".
- More importantly, here's the actual "often" paragraph from my message:
- Often people are falsely accused of crimes. I see it as part of my duty,
- as a member of a civilized society, to avoid prejudging and punishing
- people who are accused and who have not had their day in court. On the
- opposite side, often people are correctly accused of crimes, and I also
- see it as part of my duty to avoid prejudging and punishing accusers who
- have not had their day in court.
- What, if anything, does Mr. de Valence disagree with here?
- > (in reality, between 2% and 8% of the time),
- Let's assume 2%. Is this not "often"? What exactly does Mr. de Valence
- think he's disagreeing with?
- Some examples might help for clarification. I'm horrified by what Brock
- Turner did, and what Bilal Skaf did, and what happened at My Lai. At the
- same time I'm horrified by what was done to Phi Kappa Psi, and to the
- Scottsboro Boys, and to Iraq. All six of these examples were barbaric.
- Mr. de Valence's position is not clearly stated, but _appears_ to be the
- following:
- (1) Mr. de Valence is just fine with what was done to Phi Kappa Psi
- and the Scottsboro Boys and Iraq, among many other examples.
- (2) His logic starts from the assertion that the underlying
- accusations are correct 98% of the time, so the collateral
- damage is only 2%, which Mr. de Valence considers acceptable.
- If Mr. de Valence _doesn't_ hold this position, perhaps he should
- clarify what exactly he thinks he's disputing in my message. I'm aware
- that there are some people who are unable to think rationally about
- these issues, and who will instead resort to dishonest emotional games,
- such as falsely accusing me of equating Phi Kappa Psi with Iraq; I don't
- consider this an adequate reason to avoid commenting on the topic.
- > and described only two outcomes: a "true" accusation, leading to jail
- > for the accused (in reality, 6 of every 1000 perpetrators are jailed in
- > the United States),
- Here Mr. de Valence is disputing something that I didn't actually say.
- What my message actually says is "If it's true that Jake raped someone
- then of course he should go to jail for this heinous crime." Notice that
- this says "should", whereas Mr. de Valence's false characterization
- makes it sound as if I had said "will", and then attacks this position.
- > According to Dan's mail, there is no possibility
- > beyond "punish the accused" or "punish the accuser", or any
- > level of inappropriate conduct below that which is strictly illegal:
- I have never said anything of the sort, either in this message or
- anywhere else.
- > for instance, Dan did not mention the plagiarism alleged in the tweets
- > he referenced in his own email.
- Even for a lifelong academic like me who considers plagiarism a major
- offense, rape is a far more important topic. Why does Mr. de Valence
- think I should have mentioned plagiarism in a "Subject: crime and
- punishment" message?
- > When Dan sent this mail, he had already received reports from multiple
- > people that Jacob's abusive behaviour was not limited to Tor, but also
- > extended into his research group
- I think that pointing out Mr. de Valence's usage of the same rhetorical
- device is an adequate response to this astoundingly deceptive sentence.
- See above for further comments on the device.
- > and I suspect that he knew even
- > more, since Jacob was staying at Dan and Tanja's apartment at the time
- > that he was attempting to negotiate his exit from the Tor Project.
- Mr. Appelbaum and Roger Dingledine were both visiting. Both of them had
- obviously heard that there was some sort of accusation against Mr.
- Appelbaum, but both of them seemed to be completely in the dark about
- the details. They were each out of the room large parts of the time,
- apparently on the phone.
- My impression from them was that the Tor Project was being threatened
- with public exposure of the accusation (whatever exactly it was) if Mr.
- Appelbaum didn't resign from the Tor Project. Mr. Appelbaum and Mr.
- Dingeldine both obviously cared deeply about the continued success of
- Tor and didn't want Tor hurt.
- I was, and am, puzzled by the date claimed in Ms. Steele's blog post on
- 2 June 2016: "Jacob Appelbaum stepped down from his position at The Tor
- Project on May 25, 2016." Unless Mr. Appelbaum and Mr. Dingledine were
- both playing some sort of elaborate charade, this decision wasn't
- actually made until a slightly later date. Perhaps Ms. Steele meant
- "effective" rather than "on", but this isn't what she wrote.
- > When Dan wrote that dealing with Jacob is a job for the courts, and
- > not for Dan, he did so knowing that Jacob's abuse was not limited
- > to a single person and also affected one of his students.
- Again Mr. de Valence's characterization of what I wrote is highly
- inaccurate.
- The underlying problem is that Mr. de Valence is mixing up _criminal_
- accusations (which are certainly a job for the courts) with much less
- severe accusations (such as Mr. de Valence's mid-2016 version of the
- eye-drop story). Notice again how Mr. de Valence uses the word "abuse"
- in a way that fails to distinguish these different situations.
- Did my message make any broad statements about "dealing with Jacob"---
- as opposed to statements specifically about the rape accusations? No,
- it didn't. Of course, if Mr. de Valence were being honest in reporting
- the scope of my message, then he wouldn't be able to get away with the
- "one of his students" claim.
- Further sloppiness in Mr. de Valence's description is worth pointing
- out: specifically, the word "knowing". I had _heard accusations_ of rape
- (specifically the shocking tweet "Jake finally raped enough people that
- Tor as an organisation couldn't ignore it anymore"), but it's flatly
- wrong to claim that I _knew_ that there was rape. Mr. de Valence
- obviously doesn't share my verification standards, but this doesn't
- justify him misrepresenting my knowledge.
- Of course the severe ambiguity of "abuse" will allow Mr. de Valence to
- respond by sliding to something else that he claims I _did_ know---but
- I can't think of anything that would justify this part of the sentence,
- even if I disregard the starting topic (what "Dan wrote"). The eye-drop
- incident, in Mr. de Valence's mid-2016 version, was clearly not abuse.
- > I asked Dan to isolate me from Jacob; he wrote that we should all
- > wait, presumably for several years, "for judges and juries to do their
- > jobs" before taking action.
- Again Mr. de Valence misleads the reader into thinking that my message
- was about _all_ alleged aspects of Mr. Appelbaum's behavior---and that
- the message was in response to an "isolate me" request.
- My message said "Subject: crime and punishment". It was completely
- explicit in addressing _rape accusations_. Here's the actual "waiting"
- paragraph from the message:
- As long as nobody goes to court claiming rape or slander, I would ask
- that you join me in presuming that the accusations of rape are false,
- _and_ in presuming that the accusations of slander are false. Assuming
- that someone _does_ go to court, I would ask that you join me in waiting
- for judges and juries to do their jobs---no matter how tempting it is to
- instead join a poorly informed mob on one side or the other. I'm not
- saying that judges and juries never make mistakes; I'm saying that the
- alternatives are much worse.
- Mr. de Valence says "taking action" without mentioning that my message
- was about actions _regarding rape accusations_.
- > I told Dan that Jacob had blackmailed me and my partner;
- No. Mr. de Valence never used the word "blackmail" in his conversation
- with me, and never said anything that added up to blackmail---not even
- close.
- > he wrote about the need to punish those who are unsuccessful in raising
- > complaints with the court system.
- Again, I don't think I need to respond to claims by Mr. de Valence that
- are at such a remarkable distance from amply documented reality.
- [ regarding a conversation with Prof. Lange: ]
- > At this point myself and Isis left in tears, ending the conversation.
- > Dan watched us leave.
- This is false. I had left much earlier, and was far out of sight,
- roughly 100 meters away, not even on the same floor of the building.
- I'll comment in more detail for people who have been to the venue. The
- event reception had a ton of people in a large room downstairs. I saw
- the conversation starting at a fairly central location in that room
- during the reception; I was chatting with other people. At some point I
- left the room, went upstairs, went around the corner, went down the hall
- to the bar area, took one of two low chairs facing each other, and
- pulled out my laptop.
- Some time later, still sitting in the same chair, I saw Mr. de Valence
- and his partner appearing. This could have been under a minute after
- they left the conversation with Prof. Lange, but saying "watched us
- leave" is still wrong. Specifically, I saw them appearing at a distance,
- at the end of the hallway leading to the bar area, coming towards me,
- presumably aiming for their hotel room. Mr. de Valence seemed to be
- looking in my direction. He then turned slightly to his partner---I
- thought he was saying something, although they were too far away for me
- to be sure---and switched to staring in a different direction, while his
- partner was staring at the floor. I made a snap judgment that they
- obviously didn't want to be bothered, so I didn't keep watching them; I
- was typing on my laptop as they came down the hall past me.
- > The next day, I told Dan I did not see a way to continue at Eindhoven,
- > and avoided contact for the rest of the summer school.
- Mr. de Valence neglects to mention my response: basically, that it
- wasn't good to make career decisions under stress, and that he should
- take a month to think about things.
- > The following week, I spoke to Dan, telling him that I found Tanja's
- > reaction unacceptable, that I feared retaliation from Jacob, that my
- > conclusion from Tanja's comments was that she would never believe a
- > complaint from me about Jacob's behaviour, and that I felt unsafe at
- > the university.
- There's much more that I could say about how our discussion actually
- went, but I think I can simply point out that the time in question was
- just a few days before I sent Mr. de Valence email recommending that he
- send me a self-contained written complaint---which he never did.
- > The day that Isis published their account, Dan cut off communication
- > with me,
- This is simply not true.
- The only marginal overlap with the truth is that I sent email to Mr. de
- Valence (dated 16 Jun 2016 15:33:41 -0000) saying "Given these concerns,
- I've decided that this message will be the end of our strictly
- confidential conversation." But this was explicitly ending _one_
- particular conversation, and here was the very next sentence:
- I recommend that you send me a separate message explaining in detail
- what problems you're facing---without any reference to the previous
- conversation; again, it's procedurally impossible for me to take
- action that relies even slightly on any portion of a strictly
- confidential conversation---and explaining what actions you would
- like me to take.
- Describing this as cutting off communication is absurd. I was very
- explicitly recommending that Mr. de Valence send me further email.
- As a side note, what Mr. de Valence says about timing is also not
- correct. The blog post from his partner is actually dated three days
- earlier, and checking Twitter I see a date of "10:21 AM - 15 Jun 2016"
- on the tweet announcing the blog post.
- > Dan instructed me to "follow proper procedures", and instructed me to
- > communicate with him only over email
- Again Mr. de Valence is sloppy in his handling of quotes. What my
- message actually said is "I'm sorry if this sounds excessively formal,
- but following proper procedures avoids errors and provides protection
- for everyone involved."
- "Instructed" is also wrong; the word from my email was "recommend". What
- I was recommending that Mr. de Valence do, in a nutshell, was send me a
- written complaint. See above for the exact quote.
- More broadly, readers will understand Mr. de Valence's "communicate with
- him only over email" as referring not just to the _one_ conversation
- that I was explicitly ending, but to _all_ of our communication. This is
- another fabrication by Mr. de Valence. I never told him any such thing.
- We also had in-person discussions after this; an interesting example
- that leaps to mind is a September 2016 discussion that I'll describe
- below.
- > with no reference to any previous conversation,
- This was regarding the complaint that I was advising Mr. de Valence to
- file: the complaint needed to be self-contained, rather than referring
- to our previous conversation.
- There are many obvious reasons for this. For example, _if_ someone is
- falsely accused, but some components of the accusation are hidden from
- him, how will he even know how to begin proving his innocence? Maybe
- the parts he sees will be enough, but maybe not.
- > effectively helping him to pretend that I had not already been discussing
- > these issues both with him and with Tanja for several weeks.
- This is a bizarre assertion.
- Mr. de Valence initiated a strictly confidential conversation with me.
- This placed an obligation on _me_ to protect Mr. de Valence's privacy by
- avoiding disclosure of the contents, or even the existence, of the
- conversation. That's also why I wasn't taking notes of the conversation,
- and wasn't following up with minutes of the conversation; I was simply
- listening and providing advice to Mr. de Valence. At one point I told
- him that I might be able to help more if he would _allow me_ to discuss
- certain things with Prof. Lange. (He didn't, so I didn't.)
- After careful consideration I've concluded that Mr. de Valence's public
- misrepresentations of the conversation have now removed his entitlement
- to this protection. But the situation back in June was that I was
- obliged to, and was careful to, protect Mr. de Valence's privacy.
- Mr. de Valence sent me a strange email message in mid-August in which,
- among other things, he incorrectly equated non-disclosure with the
- "fiction" of non-awareness. Similarly, he now accuses me of wanting to
- "pretend" that the conversation didn't exist, and claims that this
- pretense would somehow "help" me, in some completely unclear way.
- > Dan has written at some length about the importance of "due process",
- > both internally to the research group and externally to the world. But
- > it's telling to notice that in every such discussion, Dan carefully
- > avoided any mention of concrete processes:
- False. For example, I very clearly advised Mr. de Valence to send me a
- self-contained written complaint; that's a concrete process.
- > he did not define the "different procedures" suddenly required for him
- > to take action, nor what "proper procedures" should be followed.
- False. Again, I very clearly advised Mr. de Valence to send me a
- self-contained written complaint.
- > He made vague references to "mediation" when I report physical harm,
- Mr. de Valence reported that he had willingly taken eye drops after
- seeing Mr. Appelbaum take the same eye drops. See above.
- > but never suggested any particular person or office to contact.
- False. I recommended that Mr. de Valence file a written complaint _with
- me_. That's a particular person, and he never asked me for a referral,
- nor did he say anything to make me think a referral was needed. What Mr.
- de Valence had actually told me was well within my power to handle---but
- then for some reason he didn't send me a complaint.
- > For all his interest in "due process", he never provided any
- > information on the university's processes,
- The first step in the process is for the manager---in this case me---to
- try to resolve things. I very clearly advised Mr. de Valence to file a
- written complaint with me. Of course---as noted in, for example,
- https://educationguide.tue.nl/organization/official-rules-and-regulations/complaints-and-disputes/
- in the context of the university's education program---there's actually
- a step zero that Mr. de Valence seems to have skipped: "Before taking
- formal steps it is advisable first to contact the body or person against
- whom you wish to submit an appeal, objection or complaint. Often it is
- possible to find a solution without instigating the formal procedures."
- > nor suggested contacting particular people at the university, such as
- > HR or a confidential advisor,
- There wasn't any reason for me to mention HR or confidential advisors
- when I was recommending that Mr. de Valence send me a written complaint.
- The total number of HR people and confidential advisors at the
- university is obviously much smaller than the number of professors and
- other managers, and the workload in resolving problems is spread through
- all of the managers.
- Of course there are some circumstances where HR can be, should be, or
- must be involved, but nothing in what Mr. de Valence had actually told
- me was suggesting that such circumstances were present. Procedurally,
- after seeing a written complaint from Mr. de Valence, I might have
- decided to contact HR---but he didn't send me a complaint. Why not?
- > nor referred to the university's guidelines on acceptable conduct.
- Again, the first step was for me to see a complaint in writing.
- > Dan's actions lead me to conclude that this is because Dan's interest
- > in "due process" does not extend so far as proactively carrying any
- > out.
- False. For example, I advised Mr. de Valence to send me a self-contained
- written complaint, and he failed to do so.
- > Instead, I believe his interest is in obfuscating to protect Jacob,
- I have no idea what Mr. de Valence thinks I was "obfuscating". Why
- didn't Mr. de Valence send me a self-contained written complaint when I
- advised him to?
- > while pretending to have met his responsibilities to address the issue.
- What does "the issue" mean here? The eye-drop incident? Mr. de Valence's
- stated discomfort with being around Mr. Appelbaum? Whatever the issue
- was, if it was important enough for Mr. de Valence to blog about many
- months later, why wasn't it important enough for him to send me a
- written complaint?
- > asking why I had not followed the "procedures" he had invented.
- It is completely standard for a complaint to go first to the alleged
- culprit, then (if that doesn't resolve the problem) to the supervisor,
- and so on up the chain. This certainly isn't something I invented. As
- for putting a self-contained complaint into writing, this also isn't
- something I invented. The question remains: Why didn't Mr. de Valence
- send me a self-contained written complaint, as I advised him to do?
- > I prepared a written complaint and sent it to our department secretary
- > on the 22nd of August,
- Looking at the email that Mr. de Valence now posts, I see that his
- target was actually our group's secretary, not "our department
- secretary". Either way, how did Mr. de Valence imagine that this was the
- proper direction to send a complaint?
- Last month, February 2017, Mr. de Valence sent email to twenty people
- making reference to an August complaint---I guess this one---and, in an
- attachment, making reference to a September complaint. Before February
- 2017, he hid both the contents and the existence of the complaints from
- me. I still haven't seen a copy of either complaint.
- It's interesting to note that Mr. de Valence's document dump includes
- email to the secretary but doesn't include the complaint that he says he
- sent.
- > since I had no idea who the HR contact person was and neither Dan nor
- > Tanja had ever mentioned that information,
- Mr. de Valence had never asked me for that information.
- The "no idea" comment is also puzzling. Mr. de Valence, like other Ph.D.
- students at TU/e, was an employee; and, as far as I know, every new
- employee receives an email message from someone clearly identified as
- HR, and works with HR to complete the initial hiring forms. The HR
- contact information can also be found on the TU/e web pages.
- Is Mr. de Valence quite sure that his objective at this point was to
- have his complaints actually investigated and addressed?
- > since HR was not, apparently, to be involved with "proper procedures".
- This comment bears no relationship to anything I actually said.
- > In reply to Dan's query, I asked Dan when, in his capacity as a UIC
- > faculty member, he had last received Title IX training, since I was,
- > and am, surprised by the vast gulf between his idea of standard
- > procedures for handling reports of sexual harassment and
- [ etc. ]
- Contrary to Mr. de Valence's current insinuations, he never claimed to
- me that he had been sexually harassed. Regarding claims from other
- people, I'm confident that the notifications I've carried out (starting
- on 6 June 2016) have fulfilled my legal and ethical responsibilities.
- Mr. de Valence is delusional if he thinks he's entitled to see such
- confidential personnel information about other people.
- > He did not answer my question
- Mr. de Valence was behaving inappropriately by asking such a question.
- Notice that I'm giving ample details so that the reader can see the
- level of inappropriate behavior that I'm talking about. The deceptive
- rhetorical device discussed above relies not merely on the choice of
- words, such as "inappropriate", but also on context.
- > and instead wrote a long email in which
- > he provided further detail on his "procedures",
- I advised Mr. de Valence to file a written complaint with me. He didn't.
- After I followed up, Mr. de Valence sent a weird response. I then went
- into detail regarding basic procedural points such as the benefits of
- putting things into writing. Attributing these procedures to me ("his"),
- and putting "procedures" in quotes, is strange; these aren't procedures
- that I invented.
- > attacked my credibility,
- Skimming the message I immediately spot comments on Mr. de Valence's
- serious inaccuracies, such as the following:
- You now summarize this in a highly inaccurate way, claiming that I "cut
- off communication" with you, while you ignore the fact that I explicitly
- invited further communication from you.
- Many months later Mr. de Valence repeats the same absurdly inaccurate
- "cut off communication" claim, evidently not understanding what I was
- telling him, and then accuses me of attacking his credibility.
- I did use the word "credibility" in the message: I said that he wasn't
- following proper procedures, and warned him that "failing to follow
- proper procedures can call your credibility into question", which he
- also doesn't seem to have understood.
- All of this was in private email solely to Mr. de Valence. Even after
- Mr. de Valence sent email to twenty people last month quite seriously
- misrepresenting what we had discussed, I was very careful to limit the
- contents of my disclosure in response, and didn't say anything about
- this message. Mr. de Valence has now posted the message, and my best
- guess is that this will in fact damage his credibility, but that's
- entirely his own fault.
- > and mentioned that "procedurally improper behaviour" could lead to
- > termination.
- This is (1) yet another misquote, (2) missing the important word
- "sufficiently", and (3) missing other important context. Here is the
- correct quote in context:
- In the context of a complaint, there would be note-taking, and prompt
- written confirmation, and no opportunity for anyone to be confused a
- month and a half later about what had happened. But I presume that your
- conversation with your supervisor was also strictly confidential, which
- means that she shouldn't have been taking notes, and then it's clearly
- inappropriate for you to be coming to me a month and a half later and
- making strange claims about the contents of the conversation.
- I don't know what actually happened in that conversation. I do know that
- you aren't following proper procedures. Even if you have a legitimate
- complaint, failing to follow proper procedures can call your credibility
- into question and prevent the complaint from being processed. Behavior
- that is sufficiently improper from a procedural perspective can even be
- grounds for termination.
- Let me emphasize what you should do instead. I understand that you have
- problems with one of my employees. More than two months ago I advised
- you to send me a self-contained email message that explains the problems
- in detail and explains what actions you would like me to take. This was,
- and is, the proper procedure for you to request action from me.
- Your latest email message also indicates that you have problems with my
- reaction to what you've done so far (and also with your supervisor's
- reaction, but that's something you have to discuss with her). If this is
- an allusion to the erroneous notion that I've "cut off communication",
- then I hope my comments above help you get past this error. If you see
- other problems, then please go ahead and explain them to me; I'll
- carefully listen, as I've been consistently doing, and see whether we
- can resolve the problems.
- The real question here is why Mr. de Valence kept failing to send me a
- self-contained written complaint.
- > He also emailed me to advise me to work from home, since
- > Jacob would be at the university for a week at the end of August.
- Given Mr. de Valence's expressions of discomfort with being around Mr.
- Appelbaum, I felt compelled to inform Mr. de Valence that Mr. Appelbaum
- would be around. Consider, e.g., Mr. de Valence's earlier statement "I
- asked Dan to isolate me from Jacob".
- Meanwhile I knew that _Mr. Appelbaum_ had expressed severe discomfort
- with being around _Mr. de Valence_, and even with having Mr. de Valence
- know his physical location; Mr. Appelbaum had also reported receiving
- death threats. I nevertheless felt that my duty to Mr. de Valence
- outweighed Mr. Appelbaum's desire for privacy. (_Clearly_ another
- incident of favoritism.)
- On the Monday of that week, I was astounded to hear that Mr. de Valence
- was spending time in his office. Does Mr. de Valence deny this? I don't
- recall seeing him firsthand---I was extremely busy with other things---
- but I clearly recall the secondhand information.
- If Mr. de Valence was in fact spending time in his office that week,
- then how does he explain this behavior, given his earlier statement "I
- asked Dan to isolate me from Jacob", and given the fact that I had
- confidentially informed Mr. de Valence that Mr. Appelbaum would be
- around?
- > On its way to HR, my complaint was read by another faculty member. In
- > marked contrast to Tanja and Dan's reaction, this person immediately
- > provided me with links to university policies and contact information
- > for the department's "vertrouwenspersoon".
- Could it _possibly_ be that this "marked contrast" was a direct result
- of Mr. de Valence telling different stories to different people?
- Or could it _possibly_ be that this was a result of Mr. de Valence
- actually _putting a complaint into writing_, as I had advised him to do?
- Why did Mr. de Valence never send _me_ this complaint?
- > One of the HR representatives at the meeting then contacted me on the
- > 5th of September to say that the departmental board would take action
- > on my email, and that "they [the DB] are going to plan a meeting with
- > Dan and Tanja in which they will be informed about the complaints you
- > have. Do you agree with this action?". I replied, "Sure. Thanks for
- > letting me know about these developments."
- Whichever department personnel we're talking about, they never passed
- the complaint along to me, and never even told me that Mr. de Valence
- had filed a complaint. I did hear a vague rumor of some sort of "signals
- regarding academic integrity", and it's now clear that this must have
- been alluding to Mr. de Valence, but at the time I wasn't able to find
- more information.
- Why didn't Mr. de Valence simply send me the complaint?
- The tone of Mr. de Valence's story seems to suggest that Mr. de Valence
- was fine with having his August complaint passed along (although the
- story doesn't exactly say this; being "informed about the complaints" is
- not the same as seeing the complaints). It's hard to square this with
- the bottom line, namely that I never actually saw the complaint.
- Maybe it's true that the department personnel were massively screwing up
- in how they reacted to Mr. de Valence's complaint; or perhaps Mr. de
- Valence is omitting some important part of the actual story.
- > At the end of September, I left the Netherlands for a week-long project
- > meeting in Belgium, and gave a talk on my work.
- Actually, this was a multiple-person _joint project_ led by another
- student. I invited Mr. de Valence to join after the project was already
- running for a while---I thought that parts of the project would be at
- the right level for him. The scope of Mr. de Valence's talk omitted a
- considerable portion of the project but certainly wasn't narrow enough
- to justify the phrase "my work".
- Standard practice in mathematics and computer science is for results of
- a joint project to be announced as results from the entire team. Credit
- of specific results to individuals is generally not disclosed outside
- the team without team agreement, although of course it shows up when
- senior scientists are writing confidential recommendation letters.
- Mr. de Valence was required by project rules to show up to a closed
- meeting and give a talk about _something_. My understanding was that he
- didn't have anything else to talk about. The team agreed that he could
- talk about this project at this closed meeting. The team had quite a bit
- of discussion of the talk before it happened.
- Meanwhile the only _public_ announcement was one short tweet. The team
- hadn't agreed on any other public disclosure, and _had_ very explicitly
- discussed the standard practice of obtaining consensus within the team
- before announcing results.
- Furthermore, the timing claimed by Mr. de Valence is very far off. My
- understanding is that Mr. de Valence actually left the Netherlands on
- Sunday 18 September; the Belgium event started on 19 September. The gap
- between Mr. de Valence's timeline and reality is important because of
- related events that Mr. de Valence fails to mention.
- The team was aiming for a submission at the beginning of October 2016 to
- an important conference. On Friday 16 September 2016, two weeks before
- the deadline, the four TU/e members of the research team---the lead
- student, the two supervisors, and Mr. de Valence---had another in-person
- meeting. I was concerned about the state of software tasks that Mr. de
- Valence had volunteered for, especially since he had travel coming up. I
- suggested that we split the remaining software work. He said that he
- didn't want to be a hog "but"---I recall a smile and dramatic pause
- after the word "but"---wanted to keep going on the whole thing.
- Six days before the deadline, Mr. de Valence said on the chat system
- that he wouldn't get much done that day or the next day because he felt
- "quite burnt out from last week and travel and some life crises", and
- that he would check back in the next day. He then fell silent, with the
- status of his work far from clear.
- Three days later, after the lead student finally managed to track him
- down by smartphone, Mr. de Valence sent one message saying
- Hi, sorry if I was unclear, I merged the WIP code I had into master
- so that other people could work on it, because I am burnt out and
- can't do both implementation work and the Tor meeting at the same
- time.
- He then fell silent again. It turned out that the software was quite far
- from a satisfactory state. The rest of the team had to stay up late
- nights writing code and text to get the submission done on time.
- > I then spent a week at the Tor meeting in Seattle, took a week of
- > leave in Canada, and visited Waterloo, where I was invited to give
- > essentially the same talk.
- "Invited to give essentially the same talk"? Out of the blue? Really?
- How did they know what the talk contained? It's of course possible that
- they saw my tweet, which of course included Mr. de Valence in the list
- of contributors, but that's not the same as knowing what the talk said.
- Mr. de Valence didn't tell the rest of the team that he wanted to give a
- public talk on this paper. I doubt that the team would have agreed if he
- _had_ asked for permission.
- I first heard about the talk from a Waterloo tweet two days before the
- talk. I sent Mr. de Valence (and the team) email dated 13 Oct 2016
- 15:25:41 -0000 asking for his slides and, among other things, saying
- "Announcements should always have approval from all authors", which I
- think was _extremely_ gentle given how Mr. de Valence was behaving. Mr.
- de Valence never replied to the email.
- > I would say this is probably the point at which I lost faith in
- > the university's ability to deal with the situation.
- Could it _possibly_ be that the university's "ability to deal with the
- situation" was affected by Mr. de Valence failing to file a written
- complaint for me to investigate _and_ failing to file a written
- complaint for complaints-committee members to investigate?
- Let's recap the complaint status at this point in Mr. de Valence's
- story:
- * Mr. de Valence has spread various versions of his complaints to so
- many people that I've lost count, and I suppose to even more that
- he hasn't bothered to mention.
- * However, Mr. de Valence seems to be avoiding sending his complaints
- to the people who say they'll actually investigate complaints (me,
- and of course higher-level complaints-committee members).
- * Mr. de Valence also seems to be avoiding sending copies of his
- complaints to the people he's complaining about.
- This is puzzling behavior, if Mr. de Valence actually believes the
- contents of his complaints.
- > The same day, he sent an email to a Ph.D. student at Waterloo, placing
- > Alfred Menezes in CC, noting that he had previously described my
- > situation to Alfred as "pathetic"
- False. Here is what my message actually said:
- Do you happen to know whether the slides from the Oct 14 seminar
- "Efficiently finding short generators in multiquadratic fields" were
- copied onto a Waterloo laptop that might still have a copy?
- I asked Alfred (in cc), mentioning that I'm one of several coauthors,
- and that the reason that we don't have the slides is a long and pathetic
- story that I wouldn't bore him with. He said that speakers usually bring
- their own laptops, but suggested contacting you as the main organizer of
- the seminar.
- In Mr. de Valence's misrepresentation, this was about him: "he had
- previously described MY SITUATION to Alfred as 'pathetic'" (emphasis
- added). In the actual message, I wasn't blaming anybody, and most
- readers would guess that the reason I was sending email is that I had
- somehow managed to carelessly lose all the team copies of the slides.
- This effort to protect Mr. de Valence is, I suppose, yet another item
- for the "Henry de Valence: Dan and Tanja's favorite student" book.
- Careful readers of Mr. de Valence's misrepresentation will also note the
- same deceptive rhetorical device again, this time starting from the word
- "situation". Given the context, many readers will envision the
- description of this "situation" as some sort of broad badmouthing,
- whereas my actual message talked much more specifically about "the
- reason that we don't have the slides".
- > and asked the student to search through any UWaterloo
- > computers for a copy of the slides I'd used there months ago.
- "Search through any UWaterloo computers"? Yikes. Call out the forensics
- team!
- What I actually wrote started with "Do you happen to know" and was
- obviously referring to whichever particular Waterloo laptop was normally
- used to present talk slides. This certainly wasn't asking for some sort
- of broad search.
- > The mid-term review meeting for the project I was hired to work on took
- > place in January. I was told that Dan reported to the other Ph.D. students
- > that I had called in sick in October and resigned in December, and that
- > if any of the other fellows knew more, he would like to know.
- Maybe this is what Mr. de Valence heard---or maybe not. He's making an
- interesting change in his story here compared to a previous version.
- Here's the previous version:
- I was told that at the project review meeting in Leuven, Dan Bernstein
- informed the other ECRYPT-NET fellows that I called in sick in October
- and resigned in December, that he had no further information, and that
- if any of the other fellows knew more, he would like to know.
- See the difference? Why does Mr. de Valence now omit the "no further
- information" part from the new story?
- Either way, the story is an oversimplification of what I actually said
- at the meeting. For example, I said at that meeting that we were
- continuing to move forward with a joint project that the student had
- participated in, and that the resulting paper was under submission. I
- also reported that the student had called in sick in October, that the
- student had resigned at the beginning of December (I later learned that
- the resignation letter was dated the end of November), that I had not
- seen the sick notice or the resignation letter, that the student had
- fallen out of contact, that I hoped he was okay, and that if anyone had
- further information then I would like to know.
- This is one of several points that I already made in my response to Mr.
- de Valence's letter last month. Apparently Mr. de Valence understood the
- particular point that "no further information" was flatly wrong. His
- response is fascinating: he revises his claim of what he had heard to
- omit this point, even though, according to his previous claim, it _is_
- part of what he had heard. Somehow Mr. de Valence fails to learn any
- broader lesson about the possibility of errors in communication.
- > When I informed the project reviewer and the other fellows that, in
- > fact, I had resigned due to sexual harassment
- Actually, Mr. de Valence's subject line was pointing to more things:
- "Regarding my resignation from the ECRYPT-NET project due to sexual
- harassment, blackmail, and abuse".
- (He also sent the message to four other project people and, for some
- completely unclear reason, the press people at the department. I must
- admit to some curiosity as to how he managed to find the press people,
- if he had so much trouble finding HR.)
- If Mr. de Valence actually believed that he was subjected to "abuse"
- (whatever exactly he means by this), sexual harassment, and blackmail,
- then why didn't he file complaints with me, with the appropriate
- university complaints committee, and with the police?
- > Dan sent a response which opened with a long, irrelevant, and
- > inaccurate story
- First, I don't see Mr. de Valence even attempting to justify his claim
- of inaccuracy. If he thinks there's anything even slightly inaccurate in
- my message, then of course he should say what this is, so that we can
- reach agreement regarding the facts.
- Second, regarding relevance, the facts shown in my message---especially
- the sequence of events at the beginning of the message---are radically
- at odds with the picture painted by Mr. de Valence.
- Third, I agree that the story was rather long.
- > about how my work was low-quality, my research contribution was minor,
- > etc.,
- My message doesn't say "quality" or "minor", and on a quick skim I don't
- see anything similar to this. In general the message is quite focused on
- facts; this is hidden by Mr. de Valence's deceptive paraphrase.
- > I signed up to do a Ph.D. so that I could do cryptography
- > research, not so that I could spend months trying to blow the whistle
- > in the face of personal and institutional resistance, and I do not
- > intend to waste much more of my life on it.
- In June 2016, not long after Mr. de Valence initiated a conversation
- with me, I sent him email recommending that he send me a message
- "explaining in detail what problems you're facing" and "explaining what
- actions you would like me to take."
- This was perfectly clear, and is very much the opposite of "resistance".
- Mr. de Valence, on the other hand, was then astoundingly resistant to
- putting his complaint into writing to me.
- Apparently Mr. de Valence put a version of his story into writing three
- months later, but didn't show it to anybody who would know---or make an
- effort to find out---the facts.
- Mr. de Valence has now put a version of his story online, _very_
- different from what he had told me nine months earlier, and full of
- further statements that I know firsthand to be false---including
- statements with such glaring errors that Mr. de Valence _must_ have
- known beforehand that what he's saying isn't true.
- When the errors are stripped away, what we find from Mr. de Valence is a
- fundamental failure to focus on the facts. He's full of accusatory words
- and insinuations, and remarkably light on details.
- Does this really sound like someone "trying to blow the whistle"?
- ---D. J. Bernstein
- P.S. Here are two comments regarding Mr. de Valence's email dump.
- First, Mr. de Valence correctly notes that he didn't send me a copy of
- his February 2017 email. Why didn't he do this? I received a copy from
- the project coordinator, and of course I included Mr. de Valence in the
- cc line of my response.
- Second, Mr. de Valence's redactions of names and addresses were quite
- sloppy, and in particular I consider it rather antisocial of Mr. de
- Valence to add my non-public TU/e email address to spammer databases. A
- simple Google search would have shown him that the address was not
- previously public.
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