CCP's decision to police a realm where they have no ability to monitor, log, or control was a mistake. GM decisions for EVE-related matters already grapple with inconsistency and confusion. CCP's preference for secret, undefined rules, coupled with an apparently growing reliance on permabans instead of lesser punishments, can only lead to bad outcomes for everyone.There is a lot of sense in this argument.
Personally, I find this aspect of the Eve community confounding. To me, voice comms are something to be used with allies and teammates. I would never jump on an enemy's voice server. I don't see any case where that ends well.
Part of the issue here is that there is a concept in Eve called "birthday ransoms". A pirate offers to let a victim go if they go onto the voice server and sing Happy Birthday or another song. These ransoms are generally regarded as innocuous and a "fun" part of the game.
James 315's general argument about the arbitrariness of banning based on out-of-game behavior is sound. However, there's no denying that a lot of negative behavior has migrated to those out-of-game channels. I think CCP is wise to attempt to put a stop to it.
I would suggest a different approach, though. The point of making recordings of voice comms, and publishing them is humiliation. It might be small humiliations, such as the birthday ransoms. Or it could be larger ones, as when a spy publishes voice comms of an enemy alliance.
I think Eve would be better off with a blanket ban on such recordings. Something like: publishing recordings of voice comms, where post-recording permission has not been obtained from all parties, is a bannable offense. This eliminates all such recordings, and makes it much easier for CCP. Instead of having to determine whether a recording is true harassment or is "fun" doesn't matter. All that matters is permission, and that is easier to determine.