As Brian, I will leave aside the question of whether the lawyers can
make it possible for an MoU to be effective; I'm not a lawyer either.
However, I think we may have different definitions of "explosive
bolts":
On 9/7/04 at 8:11 AM +0200, Brian E Carpenter wrote:
Here's a version of what the explosive bolts could look like.
...MOU with ICANN...
...that MOU contains explosive bolts. So far, we haven't had to explode them.
2. This MOU will remain in effect until either modified or
cancelled by mutual consent of the Internet Engineering Task Force
and the Internet Corporation for Assigned Names and Numbers, or
cancelled by either party with at least six (6) months notice.
This doesn't look so much to be "explosive bolts", but rather a
"self-destruct mechanism"; when either side decides that they don't
want to participate, the agreement blows up and any structures
between the two organizations evaporate. When I talk about "explosive
bolts", I mean having some way to separate the IETF administrative
function housed in ISOC from ISOC.
For example, let's say that scenario A or B end up having an employee
of ISOC whose title is "IETF Administrative Czar", and she has 5
employees working under her (an accountant, a lawyer, a secretary,
etc.). What I'd want out of an "explosive bolts" agreement is that,
if one side or the other wants to pull the plug, the Czar and the 5
employees continue to act at the behest of the IETF (*not* ISOC) and
there is some way to spin off a subsidiary of ISOC into a separate
entity so that the IETF continues to get administrative support from
these folks. Current contracts would have to continue to function,
upcoming meetings would have to continue uninterrupted, and most
importantly the IETF does not have to go through another
administrative restructuring like we're doing now in order to have
things continue to operate.
Perhaps I'm more interested in the administrative function having an
"escape pod", and the whole thing is attached to ISOC with explosive
bolts. The key, to repeat it again, is that we don't have to go
through another administrative restructuring if a future IETF or ISOC
decide they can't live with each other anymore.
pr
--
Pete Resnick <http://www.qualcomm.com/~presnick/>
QUALCOMM Incorporated - Direct phone: (858)651-4478, Fax: (858)651-1102
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