On 2011-11-29 08:10, IETF Chair wrote:
> Ted:
>
>> The IETF legal counsel and insurance agent suggest that the IETF ought to have an antitrust policy. To address this need, a lawyer is needed. As a way forward, I suggest that IASA pay a lawyer to come up with an initial draft, and then this draft be brought to the community for review and comment (and probably revision). I think a new mail list should be used for the discussion. Once the new mail list reaches rough consensus on the antitrust policy document, I suggest using the usual process for adopting the policy as an IETF BCP.
>>
>> What do others think? I am open to suggestions for an alternative approach.
>>
>>
>> Sorry, can you expand on the threat model here? Are we developing one in order to defend against some specific worry about our not having one? Because it has become best practice in other SDOs? Because the insurance agent wishes to see something in particular?
>>
>> I hesitate to develop something that we have not needed in the past unless it is clear what benefit it gives us. In particular, if we develop one without some particular characteristic, do we lose the benefits of being where we are now?
>
> Recent suits against other SDOs is the source of the concern. The idea is t make it clear which topics are off limits at IETF meetings and on IETF mail lists. In this way, if such discussions take place, the good name of the IETF can be kept clean.
I think we should be very careful before creating makework for a lawyer.
In other words there are two initial questions that need to be answered:
1. What is the threat model? What type of exposure *of the IETF itself*
(including its volunteer "officers") exists? Of course, this is not just
about US law. The EU has strong antitrust law, for example.
2. Are there any aspects of that threat model that are not already
covered by the Note Well, the documents it refers to, and their chain
of references?
These two questions do need legal expertise. But if the answer to Q2 is
"no" we can stop there.
I think a separate list for this is appropriate.
Brian Carpenter
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