Re: [Ianaplan] Process concern regarding the IETF proposal development process

[Miles Fidelman <[e-mail]>]

Brian E Carpenter wrote:
> On 26/01/2015 16:28, Miles Fidelman wrote:
>> Andrew Sullivan wrote:
>>> On Sun, Jan 25, 2015 at 09:51:55PM -0500, Miles Fidelman wrote:
>>>> No... that's not crystal clear.  What's crystal clear is that the WG
>>>> leadership, and a majority of participants, felt that it was beyond its
>>>> charter to comment on legal and contractual issues, and didn't want to get
>>>> into them.
>>> I guess we disagree about this.  I will say, however, that the idea
>>> that a WG could negotiate a contract seems to me a little optimistic.
>>> As I understand it, that very difficulty is the reason the IETF came
>>> up with the IAOC in the first place.
>>>
>> Well, on that later note, all I can say is that every time I get involved in a proposal effort, lots of people review the terms
>> and conditions section, and provide input to council - we don't treat it as out-of-scope.
> What Andrew said. Also, when the original IETF/ICANN MoU was negotiated, the
> first draft (which said what *we* wanted) was developed mainly as an IAB effort
> with IESG involvement, and debated in the POISSON WG (the venue for IETF
> process discussions at that time). But the legal details were negotiated
> between the IAB & IETF Chairs (me and Fred Baker) with advice from our counsel
> and the ICANN President with advice from his counsel. Today, we have the
> IAOC and its counsel for our side of that negotiation. Otherwise, there's
> really no difference; the IAOC is answerable to the IETF, just as the
> IAB & IETF Chairs were 15 years ago. We trust them to come back to the
> community if points of principle arise, but not for tweaks to legal language.
>

"Answerable to the IETF" comes back to "who is the IETF" and "who 
represents the IETF."  Obviously a working group with explicitly limited 
scope does not represent the IETF-as-a-whole.

Miles





-- 
In theory, there is no difference between theory and practice.
In practice, there is.   .... Yogi Berra