MIME-Version: 1.0
Content-Type: text/plain; charset="utf-8"
Content-Transfer-Encoding: quoted-printable
From: IETF Administrative Director <iad@ietf.org>
To: IETF Announcement List <ietf-announce@ietf.org>
Subject: Proposed Trust Agreement Language Changes;
 Request for Community Feedback
Auto-Submitted: auto-generated
Precedence: bulk
Message-ID: <20131205170822.25984.29730.idtracker@ietfa.amsl.com>
Date: Thu, 05 Dec 2013 09:08:22 -0800
Reply-To: ietf@ietf.org

The Trustees are seeking community feedback on proposed language changes to=
 the IETF Trust Agreement.  <http://trustee.ietf.org/docs/IETF-Trust-Agreem=
ent-Executed-12-15-05.pdf>

On 3 August the Trustees requested feedback from the community on some chan=
ges to the powers of the =

Trustees in the IETF Trust Agreement.

Our conclusion from that feedback is that there is not community support fo=
r changing Trust authority =

with regard to granting of licenses, however there is support for disposing=
 of physical assets and =

trademarks with appropriate controls.  =


You may recall these issues from the 3 August email:

Issue 1

We cannot currently accept physical assets like hardware donations into the=
 trust.  Once accepted into the =

trust, we would be unable to dispose of these items in the future if they a=
re identified as no longer being =

needed.

- This removes flexibility in managing assets in the trust, and we currentl=
y use alternative methods of =

accepting donations outside of the trust.

Issue 2

Once a domain name or trademark is registered by the trust, it cannot be ab=
andoned even if it is no longer
needed.  =


- We must maintain these in perpetuity based on legal counsel review of the=
 current language

Here is the relevant Trust provision:

ARTICLE VII.
POWERS, RIGHTS AND OBLIGATIONS OF TRUSTEES
7.1 Powers and Obligations of Trustees.
(a) Except as limited by this Agreement, the Trustees shall have all powers=
 granted by law and shall be =

responsible for and may take such actions as are required to assure the eff=
ective day-to-day operation of =

the Trust. However, except as otherwise expressly permitted hereunder, the =
Trustees shall not, and shall =

not have the right or power to, (i) exchange, distribute, assign, sell, tra=
nsfer, renounce, or convey, the =

Trust Assets, (ii) terminate the Trust Assets=E2=80=99 registration, or (ii=
i) enter into a license for, grant an option =

on, or encumber the Trust Assets that is not in compliance with the provisi=
ons of Section 9.5.

Accordingly we are proposing the following change by adding the following l=
anguage to the end of this =

provision:

"except that in the case of clauses (i) and (ii), the Trustees may, after d=
ue consultation with the =

Beneficiary, dispose of, assign, sell, transfer, renounce, convey or termin=
ate Trust Assets that are of no =

current or foreseeable future value to the Beneficiary and which require th=
e expenditure of funds to retain.  =

This exception does not include RFCs."

Thank you for your consideration and we look forward to getting your feedba=
ck.

Ole Jacobsen
Chair, IETF Trust