Re: Proposed Policy for Modifications to Trust Legal Provisions (TLP)

[Olaf Kolkman <[e-mail]>]

On Sep 8, 2009, at 2:06 PM, Simon Josefsson wrote:

>>> I'm strongly concerned that this puts the decision making of what  
>>> is and
>>> what is not a problem into the Trust's hands.
>>
>> No, there is always step 5: review of the new text or decision not  
>> to change
>> the text.  If a suggestion isn't considered a good idea by the  
>> Trust, the
>> reasons for not changing it can be discussed in this step.
>
> Step 4 puts a veto for changes into the Trust's hands.  Members on the
> Trust can be removed by the IETF, but I don't believe that is a good  
> way
> to make the Trust to do something the IETF requests.



As a Trustee I've signed a statement that reads:

  3. The undersigned hereby agrees to serve as a Trustee to the Trust  
and to fulfill the
     duties of a Trustee in accordance with the terms of the Trust  
Agreement and all
     other requirements of law applicable to service as a trustee of a  
Virginia trust and
     to comply with all requirements of the Trust Agreement applicable  
to his/her
     service as a Trustee

If a proposal from the IETF is in conflict with the terms of the Trust  
Agreement or the law then a Trustee has the obligation to veto it (a  
fairly academic possibility, I believe).

However, if such happens I think that the Trust has the obligation  
(MUST) to explain the motivations in quite some detail, and explain  
why they did not catch the problem earlier in the process.


--Olaf


________________________________________________________

Olaf M. Kolkman                        NLnet Labs
                                        Science Park 140,
http://www.nlnetlabs.nl/               1098 XG Amsterdam