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IASA removability - rephrase IAOC role

2005-01-11 02:44:28
I think I should apologize for including a modification to the IAOC role in the "removability" clause in a discussion of finances. It is not relevant to that topic. But the discussion pointed out to me that there is some strangeness here - in that the IAOC is described as having a role in the process for removing IASA from ISOC, while the ISOC president is on the IAOC.

Current text:

  Removability: While there is no current plan to transfer the legal
     and financial home of the IASA to another corporation, the IASA
     shall be structured to enable a clean transition in the event that
     the IETF community decides that such a transition is required and
     documents its consensus in a formal document (currently called a
     BCP).  In such a case, the IAOC shall give ISOC a minimum of six
     months notice before the transition formally occurs.  During that
     period, the IAOC and ISOC shall work together to create a smooth
     transition that does not result in any significant service outages
     or missed IETF meetings.  All contracts executed by ISOC on behalf
     of IASA shall either include a clause allowing termination by ISOC
     with six months notice, or shall be transferable to another
     corporation in the event that the IASA transitions away from ISOC.
     Any accrued funds, any IETF-specific intellectual property rights,
     and any IETF-specific data and tools shall also transition to the
     new entity.

I think a more correct phrasing is to make this the IETF's responsibility, not the IAOC's. If the IETF decides to use some part of the IAOC in some fashion in the changeover phase, that's their privillege to decide at the time - one would think that this would be part of the BCP text.

New phrasing:

  Removability: While there is no current plan to transfer the legal
     and financial home of the IASA to another corporation, the IASA
     shall be structured to enable a clean transition in the event that
     the IETF community decides that such a transition is required and
     documents its consensus in a formal document (currently called a
     BCP).  In such a case, the IETF shall give ISOC a minimum of six
     months notice before the transition formally occurs.  During that
     period, the IETF and ISOC shall work together to create a smooth
     transition that does not result in any significant service outages
     or missed IETF meetings.  All contracts executed by ISOC on behalf
     of IASA shall either include a clause allowing termination by ISOC
     with six months notice, or shall be transferable to another
     corporation in the event that the IASA transitions away from ISOC.
     Any balance in the IASA accounts, any IETF-specific intellectual
     property rights, and any IETF-specific data and tools shall also
     transition to the new entity. Other terms will be negotiated
     between the IETF and ISOC.

None of this text has been flagged as controversial in the last month of discussion, so I don't think it should be controversial now. And - again - I don't think we'll ever have to use it, but it's OK to have it written.

OK?

                  Harald



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