On Mon, Nov 28, 2011 at 11:10 AM, IETF Chair <[email protected]> wrote:

> 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.
>
> Russ
>

Hmm,  I would characterize our previous policy as a quite public statement
that no one is excluded from IETF discussion and decision making,  along
with with reminders that what we are deciding is the technical standard,
not the resulting marketplace.  What we can say beyond that without diving
into national specifics is obscure to me.

I agree with Dave that the first work product of an attorney should be a
non-normative explanation to the community of how having such a policy
helps and what it must say in order to get that benefit.

(I have to say that my personal experience is that prophylactic measures
against law suits tend to change the terms of the suits but not their
existence.  In this case, suing someone because they did not enforce the
policy or the policy did not cover some specific jurisdiction's
requirements perfectly, seems like the next step.  Your mileage may vary.)

regards,

Ted
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