Re: Where's the IETF. was Restricting participant access to the standards process

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George,

If you're talking about when the LLC was incorporated, yes, there
was that discussion. But in reality it was 20 years too late;
with ISOC and ICANN and for that matter the IETF Trust being
constituted under US jurisdictions, and any of their (or the
unincorporated IETF's) legitimacy being based on something like 35
years of history under US jurisdiction, it would have been hard
to *meaningfully* put the LLC under Swiss law, or EU law for
that matter.

It's sad, IMHO, but that's reality. The alternatives all tend
to lead to the same address: Place des Nations, CH-1211 Geneva 20.

Regards
   Brian

On 01-Jul-22 16:45, George Michaelson wrote:
Before the time of incorporation, there was serious consideration of
Geneva (for example) as a place to be seen to do business. This came
up again in the ICANN formation days, and in part also goes to the
equally irrelevant decision to site both HSM for ICANN in the US,
"east and west coast for diversity" instead of locating one in any
other economy.  People from non-US jurisdictions often look at
decisions taken to material benefit of the US community and ask "when
was this going to be discussed" and the answer usually is "its not
effective or efficient to put this out to consensus, especially in
politically charged times"

It would have been politically, not to say logistically difficult to
take a function which existed under US governmental processes
predating the Internet, and a relationship with a body like CNRI, and
just glibly say "oh, we're moving the legal formula to Switzerland,
bye"

But the conversations on the list at that time and before that time,
did consider this kind of issue, as have many fine conversations at
networking meetings worldwide.  Charter bodies in the wide don't just
automatically wind up using Reston VA as their headquarters. "This not
the warsaw convention ticket" is actually talking about what now
properly resides in Montreal: If you want to complain about your
flight ticket, go to Canada.

I know the world is not puppies and rainbows. I have no doubt you do
to, since Fastmail is incorperated in Australia and bound into
five-eyes issues around access to data and privacy of communications
in the face of law. But, the reality intrudes, and you do the best you
can do, and the IETF does the best it can do.

What I said in the formal input path to the warrant question, I said
directly: We should have a report on when they're applied, and a
warrant canary. Arguably even a canary is puppies and rainbows because
you can be obligated not to fail to update the canary, if the legals
are done right.

cheers

-george





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