Re: Response to the Appeal by [...]

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----- Original Message ----- 
From: "Pete Resnick" <presnick@xxxxxxxxxxxx>
To: "Thomas Narten" <narten@xxxxxxxxxx>; "Sam Hartman" <hartmans@xxxxxxx>
Cc: "Frank Ellermann" <nobody@xxxxxxxxxxxxxxxxx>; <ietf@xxxxxxxx>
Sent: Thursday, July 20, 2006 11:04 AM
Subject: Re: Response to the Appeal by [...]


> On 7/19/06 at 9:02 AM -0400, Thomas Narten wrote:
>
> >...it makes no sense to appeal to ISOC that "the process itself was
> >unfair and has failed to produce a proper result", if there wasn't
> >first an appeal on actual substance that didn't result in the
> >appropriate outcome.
> >
> >But, technically, I would not expect the appeal to the IESG/IAB and
> >the one to the ISOC to be exactly the same. In the former case, the
> >appeal is presumably on actual decisions and actions made in WGs, by
> >the IESG, etc. In the latter case, the argument is much more about
> >the process itself (and how it failed to "protect the rights of all
> >parties in a fair and open Internet Standards Process" as indicated
> >in 2026) and is less focussed on the details that led to the
> >original appeal.
>
> On this we might agree (though I think this is something different
> than what Brian and Sam are saying): You can read "Further
> recourse..." to mean that you can't appeal a process on the grounds
> of fairness unless you have been affected by that process. But I
> think we also agree that you don't bring the question of fairness of
> the process to IESG/IAB, but straight to ISOC: The appeal you bring
> to the IESG/IAB is different from the one you bring to ISOC.

That requires a policy and approval by the ISOC - this is one of the onerous
failings of the ISOC as well.... that it let the IETF define its own
contractual processes and their recourse models.

T
>
> On 7/20/06 at 11:12 AM -0400, Sam Hartman wrote:
>
> >Having read 6.5 in its entirety multiple times, I agree with Brian's
> >reading not yours.
>
> OK, for the sake of argument let's assume that we read it like you
> and Brian. Let's ask some questions: If I think that the way
> technical choices are made in a WG is unfair, do I bring that to the
> WG chair to adjudicate first? That's what I would do under 6.5.1. Or,
> since it is a procedural question, do I bring it straight to the IESG
> chair as 6.5.2 requires me to do? Do WG process questions (as defined
> in 6.5.1) go to the IESG chair (as defined in 6.5.2)?
>
> I can't figure out how to read the the first paragraph of 6.5.1
> (especially the last sentence) and the first paragraph of 6.5.2 and
> come up with an explanation where the procedures for 6.5.1, 6.5.2 and
> 6.5.3 are tied to each other. They are independently run processes.
> And nowhere in the process of 6.5.3 is there mention of bringing it
> to the IESG or IAB.
>
> >Brian's reading is also preferable because in cases where the
> >unfairness of procedures is sufficiently blatent, the ISOC BOT need
> >not get involved.
>
> But it also means that if a particular IESG decides that a BCP
> procedure (something that has ostensibly achieved rough consensus) is
> unfair, they can simply say, "This is unfair, so we're not following
> it" without any community review. That's just nuts. Neither the IESG
> nor the IAB should be in the business of reviewing whether an extant
> BCP procedure is fair. (Of course, before the BCP is published, those
> considerations should occur. But doing so afterwards invites all
> sorts of nonsense.)
>
> >Finally, Brian's reading means that the ISOC BOT will have both the
> >IAB and the IESG's opinions on why the procedures are in fact fair.
> >I think that is useful input for their process.
>
> "The Trustees shall review the situation in a manner of its own
> choosing". They can ask for the opinions of anyone they choose.
>
> pr
> -- 
> Pete Resnick <http://www.qualcomm.com/~presnick/>
> QUALCOMM Incorporated - Direct phone: (858)651-4478, Fax: (858)651-1102
>
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