Re: Response to the Appeal by [...]What may be more interesting Phillip is the
Theofel v Farey Jones ruling out of the 9th Circuit since it sets real pain for
'taking an electronic service away from someone who is dependant on it'...
Todd Glassey
----- Original Message -----
From: Hallam-Baker, Phillip
To: JFC Morfin ; Thomas Narten ; Brian E Carpenter
Cc: Pete Resnick ; Frank Ellermann ; ietf(_at_)ietf(_dot_)org
Sent: Thursday, July 20, 2006 8:37 AM
Subject: Re: Response to the Appeal by [...]
There is a certain irony in the fact that the starting point here was aledged
overuse of mailing list bandwidth.
-----Original Message-----
From: JFC Morfin [mailto:jefsey(_at_)jefsey(_dot_)com]
Sent: Wednesday, July 19, 2006 01:32 PM Pacific Standard Time
To: Thomas Narten; Brian E Carpenter
Cc: Pete Resnick; Frank Ellermann; ietf(_at_)ietf(_dot_)org
Subject: Re: Response to the Appeal by [...]
This is my understanding.
However this rises a problem in cases like RFC 3683. Because in this
case (this what the IESG claims) the delay for appealing the RFC 3863
text is over. This is why I spoke of "RFC 3863 application", the same
as there is usually a text and a running code. In a "BCP" organising
the Internet standard process the "running code" can only come
afterward. This is why I did not appeal against the RFC 3683 but
against the way it was applied (underlining that possible bias would
be discussed separately). Being the first one subject to the "RFC
3863 running code", however the appeal delay against the text is
over, the appeal delay against the way the running code works had
just started.
jfc
At 15:02 19/07/2006, Thomas Narten wrote:
> > Speaking only for myself, I have always read the words
> > "Further recourse is available..." at the beginning of
> > section 6.5.3 of RFC 2026 to mean that an appeal to the
> > ISOC Board can only follow rejection of an appeal by both
> > the IESG and IAB.
>
>I think this is essentially right. That is, it makes no sense to
>appeal to ISOC that "the process itself was unfair and has failed to
>produce a proper result", if there wasn't first an appeal on actual
>substance that didn't result in the appropriate outcome.
>
>But, technically, I would not expect the appeal to the IESG/IAB and
>the one to the ISOC to be exactly the same. In the former case, the
>appeal is presumably on actual decisions and actions made in WGs, by
>the IESG, etc. In the latter case, the argument is much more about the
>process itself (and how it failed to "protect the rights of all
>parties in a fair and open Internet Standards Process" as indicated in
>2026) and is less focussed on the details that led to the original
>appeal.
>
>Thomas
>
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