On 24 Mar 2017, at 14:15, Michael Richardson wrote:
Pete Resnick <presnick(_at_)qti(_dot_)qualcomm(_dot_)com> wrote:
> To deal with the second issue, it seems to me that we should
address
> the first issue by making it crystal clear in the procedures
that the
> subpoena must go to the entire IESG, not just the chair, and
that
> whatever action is taken on the subpoena be approved by the IESG
(with
> advice of counsel). If the entire IESG gets a copy of the
subpoena, and
> our procedures make it clear to any court or other issuing
authority
> that more than one person outside of their jurisdiction will be
seeing
> the subpoena, perhaps that will mitigate the second issue.
Is your goal here to dissuade them from placing gag orders on the
subpeona,
or is it to make it clear that their subpoena should omit unnecessary
identifying information, as we will post it publically.
Certainly I hope to dissuade gag orders, and certainly I want to make it
clear that they should omit unnecessary identifying information, but
note that I did not say that "we will post it publicly". We may, or we
may not, post it publicly (cf. JCK's message), but either way I'd like
it to be crystal clear that at least some persons over whom the issuer
has no jurisdictional control (e.g., because the court is outside of the
US and members of the IESG are US citizens, or vice versa) will be
getting copies of the subpoena. So, gag orders will at best be advisory
and it would be wise to omit unnecessary identifying information.
(My un-legally-educated guess here is that publicly posting something
that is subject to a gag order, even by someone not normally subject to
a particular jurisdiction, is a bit of a game of legal "chicken", since
that person might want to enter that jurisdiction some day. But this is
where I'd like like to leave it to our leadership to take advice of
counsel and make their best judgment about what is right for the
community. What I don't want is to have procedures that make it easy for
any particular jurisdiction to dictate terms to us.)
pr
--
Pete Resnick <http://www.qualcomm.com/~presnick/>
Qualcomm Technologies, Inc. - +1 (858)651-4478