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Re: Proposed Policy for Modifications to Trust Legal Provisions (TLP)

2009-09-08 11:27:19
Olaf Kolkman <olaf(_at_)NLnetLabs(_dot_)nl> writes:

On Sep 8, 2009, at 2:06 PM, Simon Josefsson wrote:

I'm strongly concerned that this puts the decision making of what
is and
what is not a problem into the Trust's hands.

No, there is always step 5: review of the new text or decision not
to change
the text.  If a suggestion isn't considered a good idea by the
Trust, the
reasons for not changing it can be discussed in this step.

Step 4 puts a veto for changes into the Trust's hands.  Members on the
Trust can be removed by the IETF, but I don't believe that is a good
way
to make the Trust to do something the IETF requests.

As a Trustee I've signed a statement that reads:

 3. The undersigned hereby agrees to serve as a Trustee to the Trust
and to fulfill the
    duties of a Trustee in accordance with the terms of the Trust
Agreement and all
    other requirements of law applicable to service as a trustee of a
Virginia trust and
    to comply with all requirements of the Trust Agreement applicable
to his/her
    service as a Trustee

If a proposal from the IETF is in conflict with the terms of the Trust
Agreement or the law then a Trustee has the obligation to veto it (a
fairly academic possibility, I believe).

I don't see how that is related to step 4 above.  There is plenty of
mechanisms left for the Trust to veto changes to become effective -- for
example, you can just refuse to approve the change -- however my point
is about having the trust be able to cancel the process to modify the
TLP even before it has been subject to community discussion.  That
approach appears contrary to the concept that the Trust carries out the
wishes of the IETF and not the other way around.

/Simon
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