Thanks for the comments Gerv. We'll take these up at our next WG meeting.

Dean

-----Original Message-----
From: Public [mailto:[email protected]] On Behalf Of Gervase Markham 
via Public
Sent: Friday, August 18, 2017 11:49 AM
To: CABFPub <[email protected]>
Subject: [cabfpub] Ballot 206 comments

My thanks to the hard-working members of the Governance WG. I hope these 
comments do not come too late. I have not yet been able to persuade my counsel 
to look at the IPR agreement.

Here are my thoughts:

* The base version of the Bylaws you have used appears to be version 1.6. This 
is indeed the latest version on the website, but it's not the latest version - 
the latest would include the changes in ballot 205, which passed on 7th of 
July. Please can you rebase your changes on top of the most recent version, and 
(probably) renumber your version as a proposed 1.8?

* The changes from ballot 205 may well need tweaking in light of the new 
membership rules and categories, and how Forum membership and WG membership are 
separated. Have you yet considered this?

* Membership: so the idea for the non-CA category is that the set of 
companies/people eligible to join the Forum as a whole consists of anyone who 
fits the criteria for one or more existing Working Groups, plus anyone who 
"produces a software product intended for use by the general public for 
browsing the Web securely"? What happens if a WG is closed down and a member 
thereby no longer qualifies for Forum membership, because the WG whose 
membership rules allowed them in has gone?

* Would it be a good idea in section 5.3.3 to explicitly say that when a 
Working Group adopts Final Guidelines and Final Maintenance Guidelines, the 
only people who are eligible to vote on them are the members of the Working 
Group? You haven't made any changes to section 2.2, particularly 2.2b), and so 
one could get the impression that the Working Group does the work, but all 
Members can vote on adoption.

* What happens to existing Working Groups when these bylaws come into effect? 
Nothing seems to define that. Do they evaporate? Or still exist, even though 
they aren't chartered in the way prescribed by the current Bylaws? Or something 
else? I suggest we say explicitly in ballot 206.

* It's also not clear what happens to existing documents. Presumably they need 
to be transferred into the "ownership" of a Working Group, such that the IPR 
policy relating to that document only applies to WG members from then on. Would 
that be something done by the chartering ballot?

* "A Working Group may also include Interested Parties and Associate Members." 
Note "may". Is it permissible for a Working Group to exclude such people? I'm 
not sure we should allow that...

* The draft removes the requirement that Working Group mailing lists "must be 
managed in the same fashion as the Public Mail List". This requirement, 
although perhaps needing generalization, is an important part of the Forum's 
transparency, and its loss is a significant matter.
How can it be best reinstated such that it applies appropriately to the means 
of communication employed by Working Groups?

There was talk at some point of having a list of approved means of 
communication, and requiring a Bylaw amendment to add to the list (at which 
time, such means could be scrutinised for appropriateness in this and other 
regards). I still think there is value in that.

* The new section 3 of ballot 206 deals with ballots in the Review Period, but 
not ballots in the Voting Period. It's quite possible there might be such a 
ballot on the day that ballot 206 exits IPR review (or otherwise comes into 
effect, according to Kirk's amendment to section 3). It might be worth making 
sure we have covered all bases here, including Voting Period and Discussion 
Period.

* I support the idea of Kirk's amendment to section 3; it makes sense for the 
new documents to not come into effect until everything is in place for us to 
continue operating as now. However, it does create a chicken and egg problem - 
if those documents are not in effect, then the ballot chartering a new Working 
Group would be chartering an old-style Working Group, not a new-style one!

I'm not sure how best to fix this. We can't run an extra ballot in parallel, as 
that would also be under the old rules. Can we extend ballot 206 to include the 
formation of a Web Server Working Group, and say "this WG is formed under the 
rules being approved by this ballot", or does that also cause problems? If 
there is no fix, we may need a 2-week work hiatus.

Gerv
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