Dear Pete,
your point is well made. An appeal to ISOC will be _considered_ after
the appeal to the IAB (this is a part of the DoS imposed on me - and
on the competing solution I introduced at the ITU/UNESCO meeting in
Geneva :-)). However, there are four aspects to be considered.
1. the way the RFC 3683 is written. This is the point you address.
Appeals period is over. IESG was wrong considering it.
2. what are RFC 3683 PR-actions as experimented (this is not the
text, but the "running code" part). Usually running code is prior to
the final text. In this case it is after. This PR-action is the first
engaged. The two months delay is respected. IESG was wrong not considering it.
3. the way the RFC 3683 is applied. This is not the case addressed in
that part, as you underline it. IESG did not considered it.
4. what the IESG's answer implies concerning the IETF core values.
This is because RFC 3935 (written by the person who called for the
PR-action) says the IETF technology is not neutral to these core values.
I indicated interoperability with the IETF solutions is my main
concern. When the IESG answers an appeal it should speak the truth,
this is why I introduced the point this way. IESG had to answer the
point and I think the IESG spoke the truth. I do not like that truth
because it leads to non-interoperable and not ethically acceptable
situations (as we already experiment some).
jfc
At 16:23 17/07/2006, Pete Resnick wrote:
On 7/10/06 at 2:05 PM -0400, IESG Secretary wrote:
1. The appeal asserts that RFC 3683 (BCP 83) is illegal, and
specifically in conflict with certain provisions of the Universal
Declaration of Human Rights. In particular it cites Article 10
(right to public hearing), 11 (presumption of innocence), 12
(privacy and reputation), 19 (freedom of expression) and 2
(non-discrimination).
Firstly, any appeal against the approval of RFC 3683 was due within
two months of that approval, i.e. by February 17, 2004.
Secondly, the IESG believes that the Universal Declaration of Human
Rights does not apply to the IETF's internal rules. IETF
participants are assumed to be aware of IETF process rules before
choosing to participate, and their participation is voluntary.
This part of the appeal is therefore rejected.
I think the IESG was correct to reject this part of the appeal, but
I believe they rejected it for the wrong reason. The IESG simply
should have not considered this part of the appeal at all. RFC 2026,
section 6.5.3 is clearly applicable on this point:
6.5.3 Questions of Applicable Procedure
Further recourse is available only in cases in which the procedures
themselves (i.e., the procedures described in this document) are
claimed to be inadequate or insufficient to the protection of the
rights of all parties in a fair and open Internet Standards Process.
Claims on this basis may be made to the Internet Society Board of
Trustees. The President of the Internet Society shall acknowledge
such an appeal within two weeks, and shall at the time of
acknowledgment advise the petitioner of the expected duration of the
Trustees' review of the appeal. The Trustees shall review the
situation in a manner of its own choosing and report to the IETF on
the outcome of its review.
Claims that RFC 3683 (a BCP, a document that has presumably already
passed community consensus) is unfair ought not be taken up by the
IESG or the IAB, but can only be taken up by the ISOC Board.
Appeals of this sort should not be brought to the IESG (or the IAB).
I suggest that the IESG and the IAB always decline to decide such
issues in the future should similar appeals come up.
pr
--
Pete Resnick <http://www.qualcomm.com/~presnick/>
QUALCOMM Incorporated
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