--On Monday, September 19, 2011 17:58 -0500 Jorge Contreras
<cntre...@gmail.com> wrote:

>...
> Brian's interpretation is correct.  If someone is an IAOC
> member, voting or not, then he/she is a Trustee with full
> fiduciary duties.  To change this, the Trust Agreement would
> need to be amended.

Once again, the provisions that make amending the Trust
Agreement particularly problematic have expired.  Let's figure
out what the Right Thing is to do from the standpoint of the
IETF and the community, then figure out what needs to be fixed
up and and fix it.  Making decisions on the basis of, e.g., not
modifying the Trust Agreement, even when contrary decisions are
in the best interests of the IETF and the broader community
would violate the fundamental requirements that the IASA and,
insofar as it is separate, the Trust, serve the best interests
of the IETF and the Community.  

Regardless of what is said about fiduciary duties, I believe
that if the Trust or its membership ever start to believe that
the Trust has interests separate from the interests of the IETF
(including that "make the Internet work better" goal) and an
obligation to favor those Trust interests over the IETF one,
then we would have a really serious problem in need of fixing.

   john


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