Dave,
You described the charter as a contract between the WG and the rest of
the IETF. I'll argue an alternative below, but let's stick with
contracts for the moment. My basic understanding of contract law tells
me that there are certain real world and legal limitations on contracts
that must be considered:
1. A contract requires due consideration from all parties, meaning that
nobody performs without an expectation of receiving some sort of
benefit. What are the benefits to the WG and what are the benefits to
the rest of the community?
2. Most contracts don't require the dissolution of a party should it
default. Rather there are remedies, often times monetary. Sometimes
there are bonuses. My point: dissolving a working group because they're
late would often be imprudent and short of replacing the chair there are
very few other viable remedies.
3. A contract in which one of the parties cannot reasonably be expected
to carry out his or her obligations is not a contract at all. Again, if
the WG is a party and the community is a party, what is the expectation
of the community and is it reasonable? But even with the WG is it
reasonable to ever expect innovation as part of the solution under such
a circumstance?
4. Contracts generally have limitations when it comes to unforeseen
circumstances, force majeure, etc. One such unforeseen circumstance is
where a working group comes up with a solution and the IESG finds
sufficient fault with it to require a review. In this case, the terms
of the contract need to allow for a resetting of the charter.
As I wrote above, I don't think the contract analogy is perfect. I
think we want a cross between a research proposal a'la NSF etc. and a
contract, where we allow for changes in direction based on developments
within the working group. I'm not saying we should ignore
non-performing or under-performing groups, but we should certainly allow
some flexibility.
Eliot
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