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Re: don't overthink, was Just so I'm clear

2012-10-24 14:20:47


On Wed, 24 Oct 2012, John Levine wrote:

I agree with you that removing him would be the simplest approach, but I
can see possible situations where NOT following the process could lead
us into legal trouble.  

Anyone can sue in the US for any reason, but this is silly.

The IAOC made extensive attempts to contact him in many ways, with
zero response.  No court I know would find it unreasonable to assume
that he's no longer interested.

The legal issue raised by a previous reply that resonates with me is
that someone unsatisfied with a business decision by the adjusted
IAOC membership could sue based on documented process not being
followed to appoint the membership.

I certainly hope that this sort of situation does not recur, but it
seems perfectly reasonable in view of the facts to let the IAOC
proceed as though he's resigned.

Yeah, except establishing new process and applying it retroactively
could be an issue. A new removal process could be defined and accepted
by the IETF's normal process, but the clock would have to start with
approval of the new process.

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