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From: Jay Daley <jay@staff.ietf.org>
In-Reply-To: <20241212172840.553101.qmail@cr.yp.to>
Date: Fri, 13 Dec 2024 09:43:39 +1300
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To: "D. J. Bernstein" <djb@cr.yp.to>
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CC: tls@ietf.org, legal@ietf.org
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Subject: =?utf-8?q?=5BTLS=5D_Re=3A_draft-connolly-tls-mlkem-key-agreement?=
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 <https://mailarchive.ietf.org/arch/msg/tls/RFEgRAMG0FtMBkrpbDKSecqfqZQ>

Hi Daniel

> On 13 Dec 2024, at 06:28, D. J. Bernstein <djb@cr.yp.to> wrote:
>=20
> RFC 9680 coauthor writes:
>> If, on the other hand, your concern is that there has been a failure
>> of IETF processes that has created an antitrust risk, then the
>> appropriate course of action is to follow the appropriate IETF =
process
>> for addressing that.
>=20
> RFC 9680 says that it's "generally inappropriate" to discuss "market
> opportunities for specific companies". What's the IETF process for
> addressing violations of RFC 9680?

RFC 9680 is not a policy but an informational document, including =
information on an escalation path for antitrust concerns, and so there =
is no concept of =E2=80=9Cviolations of RFC 9680=E2=80=9D.  RFC 9680 =
carefully says =E2=80=9Cgenerally inappropriate=E2=80=9D for the topics =
to avoid because there is a vast grey area here.  The decision on =
whether or not any specific action is inappropriate rests with the IETF =
community through its structure and processes. =20

The role of IETF Counsel is to provide advice to IETF leadership to =
support their formal decision making role as set out in these processes, =
but neither they nor I have any powers beyond that.  I took your note to =
me as invoking the escalation path that RFC 9680 provides information on =
and consulted with counsel and the response is, as previously conveyed, =
that your concern should be addressed through the standards process.

I believe you will be getting an email in due course from the WG chairs =
that explains that further and addresses the rest of your points.

Jay

--=20
Jay Daley
IETF Executive Director
exec-director@ietf.org