Re: IAB comments on Green Paper

["Perry E. Metzger" <[e-mail]>]

Marc Horowitz writes:
> >> So far as I know, U.S. law doesn't grant Mr. Magaziner plenipotentiary
> >> powers to dictate *anything* to the IETF. He can, of course, pretend
> >> that he can do so to his hearts content, but I don't see anything in
> >> the U.S. legal system that actually gives him the right to *do*
> >> anything.
> 
> If I were you, I would be worried that Mr. Magaziner will pull an
> Executive Order out of his pocket.  That's his legal trump card.

Again, executive orders may only be made under circumstances
prescribed by law. There is no legal authority here for any action by
the administration. The only power they have here is that we're scared
and have decided to act as though they had such power.

Perhaps Congress might choose to give them such power in the future,
but they have not yet seen fit to do so. I'm sure members of the
administration like Mr. Magaziner frequently forget that they are
bound to follow the law and mistake themselves *for* the law, but we
are still governed by laws, not men.

Perry