Re: Draft IESG Statement on Removal of an Internet-Draft from the IETF Web Site

2012-09-27 Thread tglassey

On 9/25/2012 9:03 AM, Abdussalam Baryun wrote:


Hi Dave,

Independent Stream authors well might not be part of the IETF -- always a strange line of 
thinking, given that the IETF doesn't have members -- but that doesn't 
mean that the Stream itself is outside the IETF.
Any I-D author MUST be part of IETF otherwise what is IETF then, how 
do we define it? I think we should not make simple facts complicated. 
The most important part of IETF is the participant that does volunteer 
his work effort and time for the IETF. However I assume you agree with 
me because you mentioned might.

AB
No sir - the IETF is a GSO meaning it must be transparent. Otherwise it 
is a simple fraternal organization and it should not be allowed to stand 
as a GSO because of its refusal to be open and transparent.


As to the need for an open standards process as an alternative 
method...  everything you cite above is the reason that is so necessary.


Todd Glassey


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Re: Draft IESG Statement on Removal of an Internet-Draft from the IETF Web Site

2012-09-25 Thread Abdussalam Baryun
Hi Russ,

I think that statement you made is very reasonable which I would prefer
groups work to the best of IETF purposes, but also we need to know the
reason why some individuals fail to convince an IETF WG. It is important
that individuals get to make input to new standards not only companies. I
am afraid that only companies are controlling the Internet standards which
seems bad and does not follow the IETF mission. Therefore, there SHOULD be
a procedure to make participants follow to convince WG and a procedure that
WGs follow to accept with reason, not just blocking excellent I-D because
they group think it is bad with no reason or knowledgable discussion. If
there is no procedure then individuals or other organisations will look for
another way to standards their work.

AB
---

 but is this Why not? I thought any I-D can be standard track,


Todd:

The Independent Submission Stream cannot be used to produce standards
track RFCs.

Russ


Re: Draft IESG Statement on Removal of an Internet-Draft from the IETF Web Site

2012-09-25 Thread Abdussalam Baryun
Hi Dave,

Independent Stream authors well might not be part of the IETF -- always
a strange line of thinking, given that the IETF doesn't have members -- but
that doesn't mean that the Stream itself is outside the IETF.
Any I-D author MUST be part of IETF otherwise what is IETF then, how do we
define it? I think we should not make simple facts complicated. The most
important part of IETF is the participant that does volunteer his work
effort and time for the IETF. However I assume you agree with me because
you mentioned might.

AB


Re: Draft IESG Statement on Removal of an Internet-Draft from the IETF Web Site

2012-09-25 Thread John C Klensin


--On Tuesday, September 25, 2012 16:50 +0100 Abdussalam Baryun
abdussalambar...@gmail.com wrote:

 I think that statement you made is very reasonable which I
 would prefer groups work to the best of IETF purposes, but
 also we need to know the reason why some individuals fail to
 convince an IETF WG. It is important that individuals get to
 make input to new standards not only companies.
... 
 Therefore, there SHOULD be a procedure to make participants
 follow to convince WG and a procedure that WGs follow to
 accept with reason, not just blocking excellent I-D because
 they group think it is bad with no reason or knowledgable
 discussion. If there is no procedure then individuals or other
 organisations will look for another way to standards their
 work.

It seems to me that the above has nothing to do with the topic
of removing I-Ds from the archive.  As far as I know, the number
of I-Ds that have been taken down --or even expired early
without recourse-- in the history of the IETF because someone
didn't like the ideas has been zero.   More important, someone
who believes that a WG unreasonably rejected a useful idea or
who wishes to see the reasons for WG decisions documented has
several ways to accomplish that.   An Informational discussion
could be submitted as an individual submission to the IESG or as
an independent submission to the ISE.  My experience and
observation is that such analyses or critiques are almost always
published as RFCs --the really permanent, archival, form around
here-- if they are thoughtful and well-reasoned.  I've seen
rants rejected for RFC publication, but that is because they are
unsupported rants, not because they disagree with some community
conclusion.

   john

p.s. As someone who has spent far more of my IETF existence as
an individual rather than as someone supported by, much less
controlled by, a company, I see company domination as a risk but
not one that has been an actual problem in any but a very small
number of specific topics/areas.






Re: Draft IESG Statement on Removal of an Internet-Draft from the IETF Web Site

2012-09-24 Thread Russ Housley
Dave:

 The IESG has updated the draft IESG Statement based on the many comments 
 that have been received.  It is clear that the community wants the IESG to 
 be able to remove an Internet-Draft from the Public I-D Archive without a 
 court order to do so.  That said, the IESG firmly believes that the 
 collection of I-Ds provide important historical records for the open and 
 transparent operation of the IETF.  Therefore, removal of a I-D from the  
 Public I-D Archive should teated as a significant event.
 
 Comments from the community are solicited on the revised draft IESG 
 statement.
 
 On behalf of the IESG,
 Russ
 
 --- DRAFT IESG STATEMENT ---
 
 SUBJECT: Removal of an Internet-Draft from the IETF Web Site
 
 Internet-Drafts (I-Ds) are working documents of the IETF.  I-Ds provide
 important historical records for the open and transparent operation of
 the IETF.  Other individuals and groups, including the IAB and IRTF
 Research Groups, have chosen to distribute working documents as I-Ds.
 
 The IAB and IRTF are not part of the IETF?  The Independent stream also uses 
 I-Ds.  Isn't it part of the IETF?

No.  The Independent Stream is not part of the IETF.  Like the IAB and the 
IRTF, the independent Stream has chosen to use I-Ds.

RFC 4844 says:

5.1.4.  Independent Submission Stream

   The RFC Series has always served a broader Internet technical
   community than the IETF.  The Independent Submission stream is
   defined to provide review and (possible) approval of documents that
   are outside the scope of the streams identified above.

   Generally speaking, approval of documents in this stream falls under
   the purview of the RFC Editor, and the RFC Editor seeks input to its
   review from the IESG.

   The process for reviewing and approving documents in the Independent
   Submission stream is defined by

   o  Independent Submissions to the RFC Editor (RFC 4846 [RFC4846]).

   o  The IESG and RFC Editor Documents: Procedures (RFC 3932
  [RFC3932]).

(Since RFC 4844 was written, RFC3932 was obsoleted by RFC 5742.)

 
 I-Ds are stored in two places on the IETF web site.  First, current I-Ds
 are stored in the I-D Repository.  Second, current and past I-Ds are
 stored in a Public I-D Archive.
 
 While entries in the I-D Repository are subject to change or removal
 at any time,
 
 They are?  Is this new?  I thought the only established removal policy was 
 the regular 6-month timeout.

No, this is not new.  It goes back to RFC 1310 in March 1992.  If you publish 
draft-crocker-blah-blah-00.txt, is is very ofter replaced by -01.  The -00 is 
taken down before the six month expiration.

RFC 1310 said:

   An Internet Draft that is published as an RFC is removed from the
   Internet Draft directory.  A document that has remained unchanged
   in the Internet Drafts directory for more than six months without
   being recommended by the IESG for publication as an RFC is simply
   removed from the Internet Draft directory.  At any time, an
   Internet Draft may be replace by a more recent version of the same
   specification, restarting the six-month timeout period.

This remains today; the I-D boilerplate says:

   Internet-Drafts are draft documents valid for a maximum of six months
   and may be updated, replaced, or obsoleted by other documents at any
   time.  It is inappropriate to use Internet-Drafts as reference
   material or to cite them other than as work in progress.

   I-Ds generally remain in the Public I-D Archive to support
 easy comparison with previous versions.  This availability facilitates
 review, comment, and revision.
 
 An entry in the I-D Repository is removed as part of normal process
 when it expires after six months, when it is replaced by a subsequent
 I-D, or when it is replaced by the publication of an RFC.  In all
 of these situations, the I-D remains in the Public I-D Archive.
 
 The text up to this point mostly looks like a general set of policy 
 assertions about I-Ds.  Those need to exist separately as a formal policy 
 statement about the series and its archive(s).
 
 That would leave the current statement to focus on its specific topic.

These were included to provide context for the policy statement.  As we have 
seen on this thread, there has been at least as much discussion about these 
background paragraphs as the policy.

 An I-D will only be removed from the Public I-D Archive with consensus
 of the IESG.  There are two situations when the IESG will take this
 action.  First, to comply with a duly authorized court order.  Second,
 to resolve some form of abuse.
 
 This second basis looks sufficiently broad and vague to invite its own abuse 
 and certainly inconsistent application.  Did IETF counsel express comfort 
 with this language?

Counsel has been consulted.  After exchanging several messages, this is the 
resulting text.  This text was never a part that was edited in the exchange.

 If possible, a removed I-D will be
 replaced 

Re: Draft IESG Statement on Removal of an Internet-Draft from the IETF Web Site

2012-09-24 Thread Dave Crocker

Russ,

On 9/24/2012 7:02 AM, Russ Housley wrote:

Dave:


The IESG has updated the draft IESG Statement based on the many
comments that have been received.  It is clear that the community
wants the IESG to be able to remove an Internet-Draft from the
Public I-D Archive without a court order to do so.


I hadn't remembered that we have existing text that already covers this, 
in RFC 2026.   (It's also worth noting that, apparently, IETF counsel 
considers the existing RFC 2026 text sufficient.)


What isn't clear is why you are promoting additional language which 
seems to conflict with 2026, introduces some vague terminology (abuse, 
leadership), and covers only a subset of I-Ds.




The IAB and IRTF are not part of the IETF?  The Independent stream
also uses I-Ds.  Isn't it part of the IETF?


No.  The Independent Stream is not part of the IETF.  Like the IAB
and the IRTF, the independent Stream has chosen to use I-Ds.

RFC 4844 says:

5.1.4.  Independent Submission Stream

The RFC Series has always served a broader Internet technical
community than the IETF.  The Independent Submission stream is
defined to provide review and (possible) approval of documents that
are outside the scope of the streams identified above.


First, I note that you didn't respond about the IRTF or the IAB.  And my 
original query should have included the RFC Editor (which happens to 
fall under the IAB.)


Apparently you consider the IRTF, IAB and RFC Editor all to be outside 
the IETF.


Second, it appears that you are taking the served a broader Internet 
technical community than the IETF language as the basis for declaring 
the Independent Stream also to be outside of the IETF.


I think you are confusing the source with the agency and result that 
produces the output.


By implication, your assessment seems to mean that the only target for 
the output of working groups are people who participate in the IETF.  Or 
that anyone who consumes the output of an IETF working group is 
automatically part of the IETF.


That is, you seem to be confusing the source of authors with the 
publication vehicle itself and the target audience(s) of the work.


Independent Stream authors well might not be part of the IETF -- 
always a strange line of thinking, given that the IETF doesn't have 
members -- but that doesn't mean that the Stream itself is outside the IETF.





This second basis looks sufficiently broad and vague to invite its
own abuse and certainly inconsistent application.  Did IETF counsel
express comfort with this language?



Counsel has been consulted.  After exchanging several messages, this
is the resulting text.  This text was never a part that was edited in
the exchange.


You are saying that IETF Counsel did not offer comment on this bit of text?

Actually, I note that you didn't actually answer my question:  Does the 
IETF Counsel like the text?



d/

--
 Dave Crocker
 Brandenburg InternetWorking
 bbiw.net


Re: Draft IESG Statement on Removal of an Internet-Draft from the IETF Web Site

2012-09-24 Thread Russ Housley
Dave:

 This second basis looks sufficiently broad and vague to invite its
 own abuse and certainly inconsistent application.  Did IETF counsel
 express comfort with this language?
 
 Counsel has been consulted.  After exchanging several messages, this
 is the resulting text.  This text was never a part that was edited in
 the exchange.
 
 You are saying that IETF Counsel did not offer comment on this bit of text?
 
 Actually, I note that you didn't actually answer my question:  Does the IETF 
 Counsel like the text?

While counsel offered comment on other parts of the text, none were offered on 
the part you cite.  I am sure that comments would have been offered on the part 
you cite if it caused concern.

Russ

Re: Draft IESG Statement on Removal of an Internet-Draft from the IETF Web Site

2012-09-24 Thread Noel Chiappa
 From: Dave Crocker d...@dcrocker.net

 Apparently you consider the IRTF, IAB and RFC Editor all to be outside
 the IETF.

You apparently seem (from this) to think they're not? Wow.

Noel


Re: Draft IESG Statement on Removal of an Internet-Draft from the IETF Web Site

2012-09-24 Thread tglassey

On 9/24/2012 7:02 AM, Russ Housley wrote:

Dave:
Russ - can the Independent Submission Stream (ISS) be used to create a 
fully franchised IETF Standard Process???


i.e. could I for instance through the ISS process submit a I-D and a 
RFC-Framework Proposal with that? In this case the framework proposal 
would define the 'canonization process' for this specific piece of IP 
and set the milestones for this independent stream standard???


This would be a very very good thing I think if it were to become possible.


The IESG has updated the draft IESG Statement based on the many comments that 
have been received.  It is clear that the community wants the IESG to be able 
to remove an Internet-Draft from the Public I-D Archive without a court order 
to do so.

Which will apply to its publication and continued use rights how?

I still think we need to answer the specific question as to what this 
actually means to the previous licensing...

That said, the IESG firmly believes that the collection of I-Ds provide 
important historical records for the open and transparent operation of the 
IETF.  Therefore, removal of a I-D from the  Public I-D Archive should teated 
as a significant event.

Comments from the community are solicited on the revised draft IESG statement.

On behalf of the IESG,
Russ

--- DRAFT IESG STATEMENT ---

SUBJECT: Removal of an Internet-Draft from the IETF Web Site

Internet-Drafts (I-Ds) are working documents of the IETF.  I-Ds provide
important historical records for the open and transparent operation of
the IETF.  Other individuals and groups, including the IAB and IRTF
Research Groups, have chosen to distribute working documents as I-Ds.

The IAB and IRTF are not part of the IETF?  The Independent stream also uses 
I-Ds.  Isn't it part of the IETF?

No.  The Independent Stream is not part of the IETF.  Like the IAB and the 
IRTF, the independent Stream has chosen to use I-Ds.

RFC 4844 says:

5.1.4.  Independent Submission Stream

The RFC Series has always served a broader Internet technical
community than the IETF.  The Independent Submission stream is
defined to provide review and (possible) approval of documents that
are outside the scope of the streams identified above.

Generally speaking, approval of documents in this stream falls under
the purview of the RFC Editor, and the RFC Editor seeks input to its
review from the IESG.

The process for reviewing and approving documents in the Independent
Submission stream is defined by

o  Independent Submissions to the RFC Editor (RFC 4846 [RFC4846]).

o  The IESG and RFC Editor Documents: Procedures (RFC 3932
   [RFC3932]).

(Since RFC 4844 was written, RFC3932 was obsoleted by RFC 5742.)


I-Ds are stored in two places on the IETF web site.  First, current I-Ds
are stored in the I-D Repository.  Second, current and past I-Ds are
stored in a Public I-D Archive.

While entries in the I-D Repository are subject to change or removal
at any time,

They are?  Is this new?  I thought the only established removal policy was the 
regular 6-month timeout.

No, this is not new.  It goes back to RFC 1310 in March 1992.  If you publish 
draft-crocker-blah-blah-00.txt, is is very ofter replaced by -01.  The -00 is 
taken down before the six month expiration.

RFC 1310 said:

An Internet Draft that is published as an RFC is removed from the
Internet Draft directory.  A document that has remained unchanged
in the Internet Drafts directory for more than six months without
being recommended by the IESG for publication as an RFC is simply
removed from the Internet Draft directory.  At any time, an
Internet Draft may be replace by a more recent version of the same
specification, restarting the six-month timeout period.

This remains today; the I-D boilerplate says:

Internet-Drafts are draft documents valid for a maximum of six months
and may be updated, replaced, or obsoleted by other documents at any
time.  It is inappropriate to use Internet-Drafts as reference
material or to cite them other than as work in progress.


   I-Ds generally remain in the Public I-D Archive to support
easy comparison with previous versions.  This availability facilitates
review, comment, and revision.

An entry in the I-D Repository is removed as part of normal process
when it expires after six months, when it is replaced by a subsequent
I-D, or when it is replaced by the publication of an RFC.  In all
of these situations, the I-D remains in the Public I-D Archive.

The text up to this point mostly looks like a general set of policy assertions 
about I-Ds.  Those need to exist separately as a formal policy statement about 
the series and its archive(s).

That would leave the current statement to focus on its specific topic.

These were included to provide context for the policy statement.  As we have 
seen on this thread, there has been at least as much discussion about 

Re: Draft IESG Statement on Removal of an Internet-Draft from the IETF Web Site

2012-09-24 Thread Russ Housley
Todd:

The Independent Submission Stream cannot be used to produce standards track 
RFCs.

Russ


On Sep 24, 2012, at 3:36 PM, tglassey wrote:

 On 9/24/2012 7:02 AM, Russ Housley wrote:
 Dave:
 Russ - can the Independent Submission Stream (ISS) be used to create a fully 
 franchised IETF Standard Process???
 
 i.e. could I for instance through the ISS process submit a I-D and a 
 RFC-Framework Proposal with that? In this case the framework proposal would 
 define the 'canonization process' for this specific piece of IP and set the 
 milestones for this independent stream standard???
 
 This would be a very very good thing I think if it were to become possible.
 
 The IESG has updated the draft IESG Statement based on the many comments 
 that have been received.  It is clear that the community wants the IESG to 
 be able to remove an Internet-Draft from the Public I-D Archive without a 
 court order to do so.
 Which will apply to its publication and continued use rights how?
 
 I still think we need to answer the specific question as to what this 
 actually means to the previous licensing...
 That said, the IESG firmly believes that the collection of I-Ds provide 
 important historical records for the open and transparent operation of the 
 IETF.  Therefore, removal of a I-D from the  Public I-D Archive should 
 teated as a significant event.
 
 Comments from the community are solicited on the revised draft IESG 
 statement.
 
 On behalf of the IESG,
 Russ
 
 --- DRAFT IESG STATEMENT ---
 
 SUBJECT: Removal of an Internet-Draft from the IETF Web Site
 
 Internet-Drafts (I-Ds) are working documents of the IETF.  I-Ds provide
 important historical records for the open and transparent operation of
 the IETF.  Other individuals and groups, including the IAB and IRTF
 Research Groups, have chosen to distribute working documents as I-Ds.
 The IAB and IRTF are not part of the IETF?  The Independent stream also 
 uses I-Ds.  Isn't it part of the IETF?
 No.  The Independent Stream is not part of the IETF.  Like the IAB and the 
 IRTF, the independent Stream has chosen to use I-Ds.
 
 RFC 4844 says:
 
 5.1.4.  Independent Submission Stream
 
The RFC Series has always served a broader Internet technical
community than the IETF.  The Independent Submission stream is
defined to provide review and (possible) approval of documents that
are outside the scope of the streams identified above.
 
Generally speaking, approval of documents in this stream falls under
the purview of the RFC Editor, and the RFC Editor seeks input to its
review from the IESG.
 
The process for reviewing and approving documents in the Independent
Submission stream is defined by
 
o  Independent Submissions to the RFC Editor (RFC 4846 [RFC4846]).
 
o  The IESG and RFC Editor Documents: Procedures (RFC 3932
   [RFC3932]).
 
 (Since RFC 4844 was written, RFC3932 was obsoleted by RFC 5742.)
 
 I-Ds are stored in two places on the IETF web site.  First, current I-Ds
 are stored in the I-D Repository.  Second, current and past I-Ds are
 stored in a Public I-D Archive.
 
 While entries in the I-D Repository are subject to change or removal
 at any time,
 They are?  Is this new?  I thought the only established removal policy was 
 the regular 6-month timeout.
 No, this is not new.  It goes back to RFC 1310 in March 1992.  If you 
 publish draft-crocker-blah-blah-00.txt, is is very ofter replaced by -01.  
 The -00 is taken down before the six month expiration.
 
 RFC 1310 said:
 
An Internet Draft that is published as an RFC is removed from the
Internet Draft directory.  A document that has remained unchanged
in the Internet Drafts directory for more than six months without
being recommended by the IESG for publication as an RFC is simply
removed from the Internet Draft directory.  At any time, an
Internet Draft may be replace by a more recent version of the same
specification, restarting the six-month timeout period.
 
 This remains today; the I-D boilerplate says:
 
Internet-Drafts are draft documents valid for a maximum of six months
and may be updated, replaced, or obsoleted by other documents at any
time.  It is inappropriate to use Internet-Drafts as reference
material or to cite them other than as work in progress.
 
   I-Ds generally remain in the Public I-D Archive to support
 easy comparison with previous versions.  This availability facilitates
 review, comment, and revision.
 
 An entry in the I-D Repository is removed as part of normal process
 when it expires after six months, when it is replaced by a subsequent
 I-D, or when it is replaced by the publication of an RFC.  In all
 of these situations, the I-D remains in the Public I-D Archive.
 The text up to this point mostly looks like a general set of policy 
 assertions about I-Ds.  Those need to exist separately as a formal policy 
 statement about the series and its archive(s).
 
 That 

Re: Draft IESG Statement on Removal of an Internet-Draft from the IETF Web Site

2012-09-22 Thread Pete Resnick

Answering two bits I happen know the answers to:

On 9/21/12 7:48 PM, Dave Crocker wrote:


--- DRAFT IESG STATEMENT ---
[...]
While entries in the I-D Repository are subject to change or removal
at any time,


They are?  Is this new?  I thought the only established removal policy 
was the regular 6-month timeout.


2026, section 2.2:

   An Internet-Draft is NOT a means of publishing a specification;
   specifications are published through the RFC mechanism described in
   the previous section.  Internet-Drafts have no formal status, and are
   subject to change or removal at any time.

That language dates back to RFC 1310 (March 1992). Not new.


An I-D will only be removed from the Public I-D Archive with consensus
of the IESG.  There are two situations when the IESG will take this
action.  First, to comply with a duly authorized court order.  Second,
to resolve some form of abuse.


This second basis looks sufficiently broad and vague to invite its own 
abuse and certainly inconsistent application.  Did IETF counsel 
express comfort with this language?


Counsel actually wanted us to broaden the language, thinking abuse was 
too limiting.


pr

--
Pete Resnickhttp://www.qualcomm.com/~presnick/
Qualcomm Incorporated - Direct phone: (858)651-4478, Fax: (858)651-1102



Re: Draft IESG Statement on Removal of an Internet-Draft from the IETF Web Site

2012-09-22 Thread John C Klensin


--On Saturday, September 22, 2012 09:33 -0500 Pete Resnick
presn...@qualcomm.com wrote:

...
 An I-D will only be removed from the Public I-D Archive with
 consensus of the IESG.  There are two situations when the
 IESG will take this action.  First, to comply with a duly
 authorized court order.  Second, to resolve some form of
 abuse.
 
 This second basis looks sufficiently broad and vague to
 invite its own  abuse and certainly inconsistent application.
 Did IETF counsel  express comfort with this language?
 
 Counsel actually wanted us to broaden the language, thinking
 abuse was too limiting.

Yeah.  I think the new language is a considerable improvement
and I can live with it, but only because I think abuse can be
interpreted very broadly should someone be able to convince the
IESG there is a problem or unfairness associated with leaving
things up.  My preference would be to go back to what I believe
was the spirit of the 2026 ...no formal status, and are subject
to change or removal at any time, leaving the IESG with
discretion to consider individual cases and decide what to do
without having to assign them to a category (whether court
order or abuse).

Three observations in that context:

-- Whatever the language of BCP 78/79, or even the IPR
language of 2026, _permits_, doesn't imply that we
should do it, only that we (perhaps) can

-- I think the IESG should be more sympathetic to
removal requests for earlier documents that were posted
with the understanding that there would be no
IETF-maintained authoritative public archive than to
ones posted after the public archive became the
practice.  That is not to suggest that all requests
about early document should be approved or that all
requests about later ones should be denied, but, as a
general guideline, I think it would be helpful.  

-- I also believe that the IESG should be more reluctant
to remove a document whose successors are still under
active development (especially the immediately-previous
or otherwise very recent drafts for which diffs are
important) than documents that are only of historical
interest.   If nothing else, it is easy to make a case
that having those recent documents with active
successors in the archive is serving the needs of the
IETF, while it is somewhat harder to defend keeping a
document that is of historical interest only on that
basis.

None of the above has to be written into a policy, but I believe
that the interests of the overall community and suitable respect
for the desires of authors, would be better served by such
guidelines than by, e.g., trying to figure out a specific and
yet sufficiently flexible definition of abuse.

john



Re: Draft IESG Statement on Removal of an Internet-Draft from the IETF Web Site

2012-09-22 Thread Dave Crocker


On 9/22/2012 7:33 AM, Pete Resnick wrote:

Counsel actually wanted us to broaden the language, thinking abuse was
too limiting.



Wow.  Well, that certainly satisfies the question I asked.

Thanks, I think.

d/
--
 Dave Crocker
 Brandenburg InternetWorking
 bbiw.net


Re: Draft IESG Statement on Removal of an Internet-Draft from the IETF Web Site

2012-09-21 Thread SM

Hi John,
At 09:49 20-09-2012, John C Klensin wrote:

post-expiration.  I think that, as a community, we ought to
respect those assumptions more than saying, effectively, we are
going to maintain a public archive no matter what commitments
you thought were made to you because we can and because we don't
think you will actually sue us.  The latter is just bad for the
community, whether it works or not.


In a past century there was a discussion about maintaining a public 
archive of expired I-Ds.  There is a striking difference in the 
arguments; there wasn't much discussion about the legal 
side.  Nowadays an individual has to hire a practicing lawyer from 
the state of Virginia before making any contribution.


It was also argued that the IETF would need a policy to decide on 
whether to turn I-Ds into an archival series.  IENs and RFCs where 
mentioned.  In those ancient times the question was also about 
distribution instead of publication.  It was also pointed out that it 
was better not to perpetuate bad ideas.  There wasn't any mention of 
the social contract.  At a guess it was probably because everything 
was not a matter of rights or legal issues.  Or it might be that 
social contracts were part of the obvious.


A sift of long disagreements might show that the sensible opposing 
argument is often missed because of the sugarcoating.  A dismissive 
attitude might also have something to do with that.


Consensus is when no man or woman is left standing on the battlefield.

Regards,
-sm 



Re: Draft IESG Statement on Removal of an Internet-Draft from the IETF Web Site

2012-09-21 Thread Carsten Bormann
On Sep 20, 2012, at 21:22, SM s...@resistor.net wrote:

 We just had a consensus call in one WG on adopting a draft that at this time 
 had been expired for a year.
 The chairs didn't notice, because the URI was stable (as it should be).
 
 Send a message with a subject line of Resurrect I-D file to internet-drafts@.

Interesting.
Actually, in this case I'd rather have the author resubmit, just to make sure 
not only the rest of the WG, but also the author continues to like the draft...
(But I'm not chair for this WG.)

(My problem was not that draft expiry makes the process more complicated, but 
that the chairs didn't notice the expiry and I can't blame them.)

Grüße, Carsten



RE: Draft IESG Statement on Removal of an Internet-Draft from the IETF Web Site

2012-09-21 Thread Adrian Farrel
 (My problem was not that draft expiry makes the process more complicated, but
 that the chairs didn't notice the expiry and I can't blame them.)

Well, the system does send out automatic reminders (entitled Expiration
Impending: draft-foo) to all authors and copied to the WG chairs.

So not noticing is almost as bad as continuing to post emails on this thread
without changing the subject line :-Z

Cheers,
Adrian



Re: Draft IESG Statement on Removal of an Internet-Draft from the IETF Web Site

2012-09-21 Thread Russ Housley
I believe that the IETF has all of the necessary rights to reproduce, 
distribute, and display publicly all Internet-Drafts.  Here is my analysis:

In RFC 1310, March 1992, the IAB describes Internet-Drafts, but
it does not define the rights that contributors grant.  As best I can
determine, the very first I-D was posted shortly after this RFC
was published.

In RFC 1602, March 1994, the grant of rights becomes very
explicit:

   Contributor agrees to grant, and does grant to ISOC, a
   perpetual, non-exclusive, royalty-free, world-wide right
   and license under any copyrights in the contribution to
   reproduce, distribute, perform or display publicly and
   prepare derivative works that are based on or incorporate
   all or part of the contribution, and to reproduce,
   distribute and perform or display publicly any such
   derivative works, in any form and in all languages, and to
   authorize others to do so.

In RFC 2026, BCP 9, October 1996, the explicit grant of rights
is published in a consensus BCP:

   Some works (e.g. works of the U.S. Government) are not subject to
   copyright.  However, to the extent that the submission is or may
   be subject to copyright, the contributor, the organization he
   represents (if any) and the owners of any proprietary rights in
   the contribution, grant an unlimited perpetual, non-exclusive,
   royalty-free, world-wide right and license to the ISOC and the
   IETF under any copyrights in the contribution.  This license
   includes the right to copy, publish and distribute the
   contribution in any way, and to prepare derivative works that are
   based on or incorporate all or part of the contribution, the
   license to such derivative works to be of the same scope as the
   license of the original contribution.

Internet-Drafts provide important historical records for the open and 
transparent operation of the IETF.  For this reason, removal of an I-D from the 
Public I-D Archive is a significant action.

If someone posted an I-D under RFC 1310, when the grant was not explicit, and 
they want to have their Internet-Draft removed from the Public I-D Archive, 
then they ought to request that action from the IESG.  However, RFC 1602 and 
RFC 2026 are quite clear about the grant.  The request for removal of an 
Internet-Draft posted after March 1994 needs to be associated with some legal 
action or some form of abuse.

Russ



Re: Draft IESG Statement on Removal of an Internet-Draft from the IETF Web Site

2012-09-21 Thread Joe Touch

Hi, Russ,

FWIW, you seem to be conveniently ignoring at least two issues:

1) all the IDs before March 1994
which should not be published at all until
permission is given (opt-in)

2) all the IDs published before boilerplate inclusion was required
the IETF cannot merely assert its rights;
authors need to consent (and if submission were consent
then the IEEE, ACM, et al. wouldn't need the
copyright transfer statements they regularly use)

Others have noted that click-based rights transfer may not be sufficient 
as well (the organizations above largely still use explicit signature 
agreements).


And, ultimately, this won't be determined by analysis, but by a court.

Joe

On 9/21/2012 1:28 PM, Russ Housley wrote:

I believe that the IETF has all of the necessary rights to reproduce, 
distribute, and display publicly all Internet-Drafts.  Here is my analysis:

In RFC 1310, March 1992, the IAB describes Internet-Drafts, but
it does not define the rights that contributors grant.  As best I can
determine, the very first I-D was posted shortly after this RFC
was published.

In RFC 1602, March 1994, the grant of rights becomes very
explicit:

Contributor agrees to grant, and does grant to ISOC, a
perpetual, non-exclusive, royalty-free, world-wide right
and license under any copyrights in the contribution to
reproduce, distribute, perform or display publicly and
prepare derivative works that are based on or incorporate
all or part of the contribution, and to reproduce,
distribute and perform or display publicly any such
derivative works, in any form and in all languages, and to
authorize others to do so.

In RFC 2026, BCP 9, October 1996, the explicit grant of rights
is published in a consensus BCP:

Some works (e.g. works of the U.S. Government) are not subject to
copyright.  However, to the extent that the submission is or may
be subject to copyright, the contributor, the organization he
represents (if any) and the owners of any proprietary rights in
the contribution, grant an unlimited perpetual, non-exclusive,
royalty-free, world-wide right and license to the ISOC and the
IETF under any copyrights in the contribution.  This license
includes the right to copy, publish and distribute the
contribution in any way, and to prepare derivative works that are
based on or incorporate all or part of the contribution, the
license to such derivative works to be of the same scope as the
license of the original contribution.

Internet-Drafts provide important historical records for the open and 
transparent operation of the IETF.  For this reason, removal of an I-D from the 
Public I-D Archive is a significant action.

If someone posted an I-D under RFC 1310, when the grant was not explicit, and 
they want to have their Internet-Draft removed from the Public I-D Archive, 
then they ought to request that action from the IESG.  However, RFC 1602 and 
RFC 2026 are quite clear about the grant.  The request for removal of an 
Internet-Draft posted after March 1994 needs to be associated with some legal 
action or some form of abuse.

Russ



Re: Draft IESG Statement on Removal of an Internet-Draft from the IETF Web Site

2012-09-21 Thread Jari Arkko
Looks good to me.

Jari

Re: Draft IESG Statement on Removal of an Internet-Draft from the IETF Web Site

2012-09-21 Thread Stephan Wenger
Overall I like this--enough wiggle-room to deal with situations we cannot
foresee now, but still sufficient guidance for the IESGs to come.  One
small issue, inline.
Stephan

On 9.21.2012 13:45 , IETF Chair ch...@ietf.org wrote:

[...]

When an I-D is removed from the Public I-D Archive, a copy will be kept
in a location accessible only by the IETF Leadership and the IETF
Secretariat.  

It's quite likely, if there really were a court order to remove an I-D
from public access, that there is also a demand to destroy any copies.
The sentence above could be read that the IETF would keep a copy
nevertheless.  

To cure this, you could insert a sentence This copy will be removed only
based on a court order or a legal request of comparable strength..

In other words, IESG common sense is enough to remove an I-D from the
publicly accessible archive, but it takes a court order to remove it for
good.

[...]





Re: Draft IESG Statement on Removal of an Internet-Draft from the IETF Web Site

2012-09-21 Thread Paul Hoffman
On Sep 21, 2012, at 1:54 PM, Joe Touch to...@isi.edu wrote:

 And, ultimately, this won't be determined by analysis, but by a court.

These kinds of threats seem a bit over the top.

--Paul Hoffman


Re: Draft IESG Statement on Removal of an Internet-Draft from the IETF Web Site

2012-09-21 Thread Joe Touch



On 9/21/2012 2:48 PM, Paul Hoffman wrote:

On Sep 21, 2012, at 1:54 PM, Joe Touch to...@isi.edu wrote:


And, ultimately, this won't be determined by analysis, but by a court.


These kinds of threats seem a bit over the top.


It was an observation, not a threat (at all).

No analysis of legal matters is ever decided until a court weighs in. 
Lawyers will say what they are willing to defend - pro and con - but 
their statements aren't fact. So even if they claim this is cut-and-dry, 
it isn't until case is decided.


Joe


Re: Draft IESG Statement on Removal of an Internet-Draft from the IETF Web Site

2012-09-21 Thread John C Klensin
Joe,

While I've somewhat sympathetic to your position -- I don't
think the IETF should be supporting a public archival collection
of expired I-Ds, especially older ones, either-- I think you are
getting a little over the top.  Specifically...

--On Friday, September 21, 2012 13:54 -0700 Joe Touch
to...@isi.edu wrote:

 Hi, Russ,
 
 FWIW, you seem to be conveniently ignoring at least two issues:
 
 1) all the IDs before March 1994
   which should not be published at all until
   permission is given (opt-in)

While I agree, I think that most of the reason for that has to
do with implicit or explicit IETF commitments to individuals
rather than legal constraints.  That is not to say the legal
constraints aren't there.  IANAL, much less a judge, and have no
opinion on that which anyone else should pay attention to.  

Suppose that, as a modified form of opt-out under the latest
proposed policy, you were to send a note to the IESG asking that
all of your old I-Ds be taken down from the public archive on
the grounds that having them public is abusive of commitments
you have good reason to believe were made to you.If the IESG
said nope, not abusive enough, you could then either appeal
(probably a more constructive way of airing things under our
rules than involving the legal process) or claim that the IETF
had no rights to keep a document posted to which you believe you
have retained copyright and get a DMCA take-down request issued.
Such a request would give the IESG and IETF Trust the
opportunity to consider how much risk they wanted to assume to
keep your documents posted and possibly to discuss that with the
community.  Sadly, they might consider the odds that you would
actually choose to sue in their risk assessment (see below).

That wouldn't let you made document availability decisions by
default for anyone else (e.g., by forcing opt-in), but would,
IMO, focus the discussion in a way that increasingly heated
comments on the IETF list would not.

...
 And, ultimately, this won't be determined by analysis, but by
 a court.

Well, it would be determined by a court only if someone felt
strongly enough about a particular document or set of documents
to go to the expense of going down that path.  I am unhappy with
the current IPR regime, unhappy enough with current practices
that some things that would have been posted as I-Ds under the
policies as I understood them a decade or two ago just don't
make it into the system.  Perhaps that is A Good Thing, perhaps
not, but one of the inevitable consequences of an IPR policy
that gives the IETF more and more discretion over what to do
with ideas and contributions that aren't turned into standards
is that it will see fewer such contributions.  Only the
community can judge whether that is a good tradeoff -- a
judgment that is made more difficult by not being able to
ascertain what it isn't seeing.   But I'm not nearly unhappy
enough to try to drag the IETF into court over the issue,
partially because I know that doing so wouldn't cause the
documents to go away even if I won.

If no one feels mean-tempered enough to launch such a court
case, then the policy won't be settled by a judge, it will stand
because no one challenges it.

   john



Re: Draft IESG Statement on Removal of an Internet-Draft from the IETF Web Site

2012-09-21 Thread Joe Touch



On 9/21/2012 4:38 PM, John C Klensin wrote:

Joe,

While I've somewhat sympathetic to your position -- I don't
think the IETF should be supporting a public archival collection
of expired I-Ds, especially older ones, either-- I think you are
getting a little over the top.  Specifically...

--On Friday, September 21, 2012 13:54 -0700 Joe Touch
to...@isi.edu wrote:


Hi, Russ,

FWIW, you seem to be conveniently ignoring at least two issues:

1) all the IDs before March 1994
which should not be published at all until
permission is given (opt-in)


While I agree, I think that most of the reason for that has to
do with implicit or explicit IETF commitments to individuals
rather than legal constraints.  That is not to say the legal
constraints aren't there.  IANAL, much less a judge, and have no
opinion on that which anyone else should pay attention to.


IMO, the IETF should not set an example of post what you want, and take 
things down only on legal threat.


It's reasonable to post what the IETF has rights to. Posting things that 
the IETF *wants* but does *not* have explicit rights too seems a 
non-starter.



Suppose that, as a modified form of opt-out under the latest
proposed policy, you were to send a note to the IESG asking that
all of your old I-Ds be taken down from the public archive on
the grounds that having them public is abusive of commitments
you have good reason to believe were made to you.If the IESG
said nope, not abusive enough, you could then either appeal
(probably a more constructive way of airing things under our
rules than involving the legal process) or claim that the IETF
had no rights to keep a document posted to which you believe you
have retained copyright and get a DMCA take-down request issued.
Such a request would give the IESG and IETF Trust the
opportunity to consider how much risk they wanted to assume to
keep your documents posted and possibly to discuss that with the
community.  Sadly, they might consider the odds that you would
actually choose to sue in their risk assessment (see below).


I expect that might be what transpires here, but if we're in an 
organization that does that I would seriously reconsider writing future 
contributions.



That wouldn't let you made document availability decisions by
default for anyone else (e.g., by forcing opt-in), but would,
IMO, focus the discussion in a way that increasingly heated
comments on the IETF list would not.


Sure, having the IETF step on authors' rights certainly focuses the 
discussion. I sincerely hope this organization understands its 
responsibility to the community better, and respects the rights of 
others in its action (not merely the cost of legal entanglements).

...
And, ultimately, this won't be determined by analysis, but by
a court.


Well, it would be determined by a court only if someone felt
strongly enough about a particular document or set of documents
to go to the expense of going down that path.


Agreed; I'm only noting that this is all conjecture, not fact.

...

If no one feels mean-tempered enough to launch such a court
case, then the policy won't be settled by a judge, it will stand
because no one challenges it.


Perhaps. Perhaps those of us who feel the IETF is setting a bad example 
should just walk away. That solves the problem, right?


Joe


Re: Draft IESG Statement on Removal of an Internet-Draft from the IETF Web Site

2012-09-21 Thread Dave Crocker


On 9/21/2012 1:45 PM, IETF Chair wrote:

The IESG has updated the draft IESG Statement based on the many comments that 
have been received.  It is clear that the community wants the IESG to be able 
to remove an Internet-Draft from the Public I-D Archive without a court order 
to do so.  That said, the IESG firmly believes that the collection of I-Ds 
provide important historical records for the open and transparent operation of 
the IETF.  Therefore, removal of a I-D from the  Public I-D Archive should 
teated as a significant event.

Comments from the community are solicited on the revised draft IESG statement.

On behalf of the IESG,
Russ

--- DRAFT IESG STATEMENT ---

SUBJECT: Removal of an Internet-Draft from the IETF Web Site

Internet-Drafts (I-Ds) are working documents of the IETF.  I-Ds provide
important historical records for the open and transparent operation of
the IETF.  Other individuals and groups, including the IAB and IRTF
Research Groups, have chosen to distribute working documents as I-Ds.


The IAB and IRTF are not part of the IETF?  The Independent stream also 
uses I-Ds.  Isn't it part of the IETF?




I-Ds are stored in two places on the IETF web site.  First, current I-Ds
are stored in the I-D Repository.  Second, current and past I-Ds are
stored in a Public I-D Archive.

While entries in the I-D Repository are subject to change or removal
at any time,


They are?  Is this new?  I thought the only established removal policy 
was the regular 6-month timeout.




   I-Ds generally remain in the Public I-D Archive to support
easy comparison with previous versions.  This availability facilitates
review, comment, and revision.



An entry in the I-D Repository is removed as part of normal process
when it expires after six months, when it is replaced by a subsequent
I-D, or when it is replaced by the publication of an RFC.  In all
of these situations, the I-D remains in the Public I-D Archive.



The text up to this point mostly looks like a general set of policy 
assertions about I-Ds.  Those need to exist separately as a formal 
policy statement about the series and its archive(s).


That would leave the current statement to focus on its specific topic.



An I-D will only be removed from the Public I-D Archive with consensus
of the IESG.  There are two situations when the IESG will take this
action.  First, to comply with a duly authorized court order.  Second,
to resolve some form of abuse.


This second basis looks sufficiently broad and vague to invite its own 
abuse and certainly inconsistent application.  Did IETF counsel express 
comfort with this language?




 If possible, a removed I-D will be
replaced with a tombstone file that describes the reason that the I-D
was removed from the Public I-D Archive.

When an I-D is removed from the Public I-D Archive, a copy will be kept
in a location accessible only by the IETF Leadership and the IETF
Secretariat.  This private location may be searched by the IETF
Leadership or the IETF Secretariat when responding to appeals,
responding to subpoenas, or otherwise handling to legal matters.


Interesting.  An archive archive.

IETF leadership isn't a formal term.  Who does it include/exclude?  WG 
Chairs?  Why?  Why not?


Over time, given the number of people who hold various IETF leadership 
positions, this effectively gives access to a very large fraction of the 
IETF community.




If you are aware of abuse that warrants removal of an I-D from the
Public I-D Archive, please write to the i...@ietf.org and explain the
situation.  At its discretion, the IESG may consult counsel or the IETF
community before taking any action on such requests.



d/

--
 Dave Crocker
 Brandenburg InternetWorking
 bbiw.net


Re: Draft IESG Statement on Removal of an Internet-Draft from the IETF Web Site

2012-09-21 Thread David Morris


On Fri, 21 Sep 2012, Dave Crocker wrote:

 
  While entries in the I-D Repository are subject to change or removal
  at any time,
 
 They are?  Is this new?  I thought the only established removal policy was the
 regular 6-month timeout.

Can't the author replace the repository version at any time AND can't that 
replacement effectively delete it by sending minimal boilerplate to
pass any format testing.


Re: Draft IESG Statement on Removal of an Internet-Draft from the IETF Web Site

2012-09-21 Thread Dave Crocker


On 9/21/2012 6:41 PM, David Morris wrote:



On Fri, 21 Sep 2012, Dave Crocker wrote:



While entries in the I-D Repository are subject to change or removal
at any time,


They are?  Is this new?  I thought the only established removal policy was the
regular 6-month timeout.


Can't the author replace the repository version at any time AND can't that
replacement effectively delete it by sending minimal boilerplate to
pass any format testing.



Fair point.

Except that 'replacing' seems a bit different than 'deleting'.

While yes it deletes the old version, the effect of a replacement seems 
significantly different than is intended by the text (and the topic of 
the Subject line.)


d/
--
 Dave Crocker
 Brandenburg InternetWorking
 bbiw.net


Re: Draft IESG Statement on Removal of an Internet-Draft from the IETF Web Site

2012-09-20 Thread Joe Touch



On 9/19/2012 3:31 PM, John Levine wrote:

In article 505a2b08.70...@isi.edu you write:



On 9/19/2012 11:24 AM, John Levine wrote:

Utility can determine whether it's worth the effort/expense to run a
public archive, but your utility never undermines my rights as an author.


We're very deep into Junior Lawyer territory here.


I'm not. I'm simply refuting *any* argument that starts with because
it's useful to the community.


Could you answer the question, please?  Are you saying that you are
unaware, or do not believe that you have already given the IETF a
permanent license for all of your I-Ds and all your other IETF
contributions, which means it can publish them any way it wants
whether you like it or not?


I definitely have IDs that predate the new policies, and did not 
transfer rights to the IETF for those.



This horse left the barn so long ago that the barn has long since
been torn down and replaced by a parking lot.


So could you answer this question - do you pirate DVDs too? That horse 
also left the barn, and presumably wild horses determine what you think 
is both legal and appropriate.


Joe





Re: Draft IESG Statement on Removal of an Internet-Draft from the IETF Web Site

2012-09-20 Thread John C Klensin


--On Wednesday, September 19, 2012 23:38 +0200 Carsten Bormann
c...@tzi.org wrote:

...
 Until there is a court decision impacting this usefulness (or
 one can be reasonably expected), the legal angle is simply
 irrelevant.
 
 (Just keeping the thread alive so it doesn't seem that
 everybody agrees with the strangely luddite position taken
 here.)

Carsten,

Without completely agreeing with Joe (I don't), let me suggest
that the above may be the wrong way to look at this.

First of all, the court decision impacting this... argument
should be approached like any other risk-benefit analysis.   If
things were to get into a court and we were to lose, the
consequences could be nasty indeed.  While it is possible that a
judge might say well, you were bad and shouldn't be doing this,
but I won't punish you if you promise to clean up your act in
the future, it isn't terribly likely.  If things were to get to
that point, prompted by a legal action by someone who could
actually claim to have been damaged by the current policy, it is
far more likely that the IETF would end up feeling significant
pain, possibly accompanied by penalties severe enough to prevent
us from keeping and getting the insurance on which we depend in
the future.

I personally don't consider it very likely that someone would
actually sue or convince some appropriate prosecutor to come
after us.  But, however one assesses the likelihood of that
happening and of that party winning, I think an attitude of
don't worry about it until that happens and we lose would
represent severely bad judgment.

Perhaps more important from my point of view, the IETF depends
on a social contract with its participants.  For many years,
participants had reason to believe that expire after six
months meant that the IETF would not publicly facilitate, or
directly provide public access to, expired I-Ds.  They also had
reason to believe that any rights they gave the IETF by posting
a document as an I-D did not extend beyond the IETF especially
after that six months -- that anyone else who wanted to make use
of the material would have to come and discuss it with them.
Whether that view was generally held or not is an almost
meaningless question: I'm pretty sure that the vast majority of
IETF participants, and even that of I-D authors, didn't give the
issue a moment's thought.

That same set of assumptions mostly applied even after that
changes that led to the current BCP 78/79 language: the IETF
Trust was granted (non-retroactively wrt earlier documents) the
rights to do a number of things that the community might need,
but there was no explicit assumption that all of those things
_would_ be done unless the community necessity (not just
convenience or wishes) were clear.  Again, opinions differed
about what was reasonable and appropriate in the normal case (an
issue the IPR WG definitely did not reach a consensus conclusion
about) and the evidence is (and was) that that vast majority of
IETF participants still didn't care enough to pay attention.

But that is precisely where the social contract becomes
important.  BCP 78 clearly gives the IETF the right to take a
document you have written without asking you, remove your name
from it, and publish it, possibly with modifications of which
you might not approve, under someone else's name.  That just
doesn't happen, not because the written rules prohibit it (or
because the IETF Trust is certain those provisions would hold up
in court), but because there is general understanding that it
would be in bad taste.  Equally important, many of us would
respond to such an action, at least one taken without a very
good and clear reason, by deciding that the IETF is not a place
where we care to do work any more.  The contributions, at
least from those thus offended, would stop.  And, to the extent
that those contributions, and the credibility of the
contributors as a group, were important, the IETF would be in
serious, perhaps fatal trouble.

So, like you, I'm really not concerned whether Joe's arguments
are on firm legal ground or not even though I completely reject
the idea of let's keep doing it until court to which we have to
pay attention tells us that we are wrong.   But I am concerned
that he and other authors of I-Ds, especially I-Ds that long
predate RFC 5378, made good-faith assumption, based on practices
at the time, about how their documents would be handled
post-expiration.  I think that, as a community, we ought to
respect those assumptions more than saying, effectively, we are
going to maintain a public archive no matter what commitments
you thought were made to you because we can and because we don't
think you will actually sue us.  The latter is just bad for the
community, whether it works or not.

best,
   john










Re: Draft IESG Statement on Removal of an Internet-Draft from the IETF Web Site

2012-09-20 Thread Dave Crocker


On 9/19/2012 2:38 PM, Carsten Bormann wrote:

On Sep 19, 2012, at 22:28, Joe Touch to...@isi.edu wrote:


I'm simply refuting *any* argument that starts with because it's
useful to the community.


Interestingly, these kinds of arguments are the only ones I'm
interested in.

Until there is a court decision impacting this usefulness (or one can
be reasonably expected), the legal angle is simply irrelevant.

(Just keeping the thread alive so it doesn't seem that everybody
agrees with the strangely luddite position taken here.)



Thanks for pressing the point.

I'm trying to imagine anything useful coming from decision-making 
process that ignores utility.  Accidents do occur, of course, but do we 
want the utility of an effort to be an accidental outcome?


At the same time, the real-world imposes legal concerns whether we want 
them or not.  The challenge, here, is to balance realistic concerns 
against realistic costs.  It is as dangerous to pay too much attention 
to legal issues as it is too much.


However...

We are a public-interest organization, with open participation, 
automated issuing of I-Ds, and a policy of their permanent retention and 
availability.


I'd expect an exceptional action to remove content from the permanent 
archive to create substantial legal exposure in many jurisdictions. 
Unfair bias and censoring of speech are two catch-phrases that occur to 
my non-lawyer brain.  I can too-easily serious liabilities for a removal 
action deemed legally inappropriate.


Worrying about that exposure only after the fact does not strike me as 
prudent.



d/

--
 Dave Crocker
 Brandenburg InternetWorking
 bbiw.net


Re: Draft IESG Statement on Removal of an Internet-Draft from the IETF Web Site

2012-09-20 Thread Carsten Bormann
On Sep 20, 2012, at 18:49, John C Klensin john-i...@jck.com wrote:

 I personally don't consider it very likely that someone would
 actually sue or convince some appropriate prosecutor to come
 after us.  But, however one assesses the likelihood of that
 happening and of that party winning, I think an attitude of
 don't worry about it until that happens and we lose would
 represent severely bad judgment.

It may be news for many people, but we all do things all day that might be 
considered illegal by someone.
(The image of a law-abiding citizen is mostly romantics.)
The question is whether there is an actual risk involved.
When there isn't, and people still press the point, we call that a red herring.

There is always a non-zero risk that some of our actions could by some 
jurisdiction maybe considered illegal.
Whether that likelihood (and the potential damage) is bearable or not, is 
indeed a matter of judgement.
Lawyers engage in assessing such a risk, and it is then usually a business (or 
personal life) decision whether you take the risk.

In this specific case, however, let me just opine that anybody who sees a 
serious risk here doesn't seem to get out much otherwise.

 Perhaps more important from my point of view, [...]

Now those are the interesting questions, indeed.
Let's focus on what is useful, and what is right (not what can be considered 
legal or illegal using some contrived amateur lawyer thinking).

The reality is that there is no harm coming to a submitter from the fact that 
the IETF is the 1001st place where expired drafts can be had.
There simply is no downside to the IETF also archiving them and making the 
archive available for our purposes.
The upside of doing this is that we maintain control, and that we can have 
tools operate on that archive that are useful to our work.
That is the right thing to do.

Now the one single thing that irks me, but I don't know how to solve: 
We just had a consensus call in one WG on adopting a draft that at this time 
had been expired for a year.
The chairs didn't notice, because the URI was stable (as it should be).

Grüße, Carsten



Re: Draft IESG Statement on Removal of an Internet-Draft from the IETF Web Site

2012-09-20 Thread SM

Hi Carsten,
At 10:28 20-09-2012, Carsten Bormann wrote:
We just had a consensus call in one WG on adopting a draft that at 
this time had been expired for a year.

The chairs didn't notice, because the URI was stable (as it should be).


Send a message with a subject line of Resurrect I-D file to internet-drafts@.

Regards,
-sm 



Re: Draft IESG Statement on Removal of an Internet-Draft from the IETF Web Site

2012-09-19 Thread Joe Touch



On 9/16/2012 6:56 AM, Lawrence Conroy wrote:
...

It is VERY useful to be able to search through drafts to see how we
got here, AND to see things that were explored and abandoned.


Thieves find it very useful to have what they steal. That doesn't 
legitimize their theft.


Utility can determine whether it's worth the effort/expense to run a 
public archive, but your utility never undermines my rights as an author.


Joe



Re: Draft IESG Statement on Removal of an Internet-Draft from the IETF Web Site

2012-09-19 Thread joel jaeggli

On 9/18/12 11:46 PM, Joe Touch wrote:



On 9/16/2012 6:56 AM, Lawrence Conroy wrote:
...

It is VERY useful to be able to search through drafts to see how we
got here, AND to see things that were explored and abandoned.


Thieves find it very useful to have what they steal. That doesn't 
legitimize their theft.


Utility can determine whether it's worth the effort/expense to run a 
public archive, but your utility never undermines my rights as an author.

Non-lawyer here...

An authors rights are not entirely exclusive. e.g. 17 U.S.C 107 applies.

Joe





Re: Draft IESG Statement on Removal of an Internet-Draft from the IETF Web Site

2012-09-19 Thread Martin Rex
Joe Touch wrote:
 
 Lawrence Conroy wrote:
 
 It is VERY useful to be able to search through drafts to see how we
 got here, AND to see things that were explored and abandoned.
 
 Thieves find it very useful to have what they steal. That doesn't 
 legitimize their theft.
 
 Utility can determine whether it's worth the effort/expense to run a 
 public archive, but your utility never undermines my rights as an author.

You're still seriously confusing things.

An I-D contribution transfers perpetual (i.e. irrevocable) redistribution
rights to the IETF -- at a minimum since rfc2026 (Oct 1996) and
1id-guidelines.txt pointing to rfc2026 section 10.  For copyrighted
contents, the perpetual, irrevocable transfer of specific rights is
actually the norm, and an extraordinary, time-limited lease of rights
would have to be negotiated and mutually agreed to in order to apply.
(in German legalese the term is Erschöpfungsgrundsatz).


The management of the online I-D repository and the expiration of
documents in there has NOTHING whatsoever to do with that transfer
of rights.

Surely an author can decide to re-publish the I-D contents under
different licenses somewhere else or later.  But that does not
impair the rights previously granted to the IETF in any way.


What is necessary, however, for the transfer of rights according to
rfc2026 section 10 to have happened, is that the I-D submitter was
in posession of (or entitled to) grant/transfer these rights.  
Only when the I-D submitter did not have that rights when he submitted
the document, would require the IETF to stop re-distribution the I-D
when it became aware of this (and found itself unable to retroactively
obtain the necessary rights from the rightful owner).


-Martin


Re: Draft IESG Statement on Removal of an Internet-Draft from the IETF Web Site

2012-09-19 Thread John Levine
Utility can determine whether it's worth the effort/expense to run a 
public archive, but your utility never undermines my rights as an author.

We're very deep into Junior Lawyer territory here.

You might want to review RFC 3978, section 3.3a, in which contributors
make a:

  perpetual, irrevocable, non-exclusive, royalty-free, world-wide
  right and license to the ISOC and the IETF under all intellectual
  property rights in the Contribution:

This is unrelated to how long I-D's stay in the public archive.  If
you're not willing to accept those terms including the perpetual and
irrevocable part, you really shouldn't be submitting I-Ds or sending
mail to IETF mailing lists.

R's,
John


Re: Draft IESG Statement on Removal of an Internet-Draft from the IETF Web Site

2012-09-19 Thread Joe Touch



On 9/19/2012 11:24 AM, John Levine wrote:

Utility can determine whether it's worth the effort/expense to run a
public archive, but your utility never undermines my rights as an author.


We're very deep into Junior Lawyer territory here.


I'm not. I'm simply refuting *any* argument that starts with because 
it's useful to the community.


There are other arguments - that lawyers will make - that depend on the 
particular boilerplate used, when the ID was published, whether 
click-based copyright transfer holds up, and so forth.


But utility doesn't drive the law. There are rights -rights of the 
author, and rights of the copyright holder - which are protected here, 
and they trump any perceived benefit to the community.


Joe


Re: Draft IESG Statement on Removal of an Internet-Draft from the IETF Web Site

2012-09-19 Thread Carsten Bormann
On Sep 19, 2012, at 22:28, Joe Touch to...@isi.edu wrote:

 I'm simply refuting *any* argument that starts with because it's useful to 
 the community.

Interestingly, these kinds of arguments are the only ones I'm interested in.

Until there is a court decision impacting this usefulness (or one can be 
reasonably expected), the legal angle is simply irrelevant.

(Just keeping the thread alive so it doesn't seem that everybody agrees with 
the strangely luddite position taken here.)

Grüße, Carsten



Re: Draft IESG Statement on Removal of an Internet-Draft from the IETF Web Site

2012-09-19 Thread John Levine
In article 505a2b08.70...@isi.edu you write:


On 9/19/2012 11:24 AM, John Levine wrote:
 Utility can determine whether it's worth the effort/expense to run a
 public archive, but your utility never undermines my rights as an author.

 We're very deep into Junior Lawyer territory here.

I'm not. I'm simply refuting *any* argument that starts with because 
it's useful to the community.

Could you answer the question, please?  Are you saying that you are
unaware, or do not believe that you have already given the IETF a
permanent license for all of your I-Ds and all your other IETF
contributions, which means it can publish them any way it wants
whether you like it or not?

This horse left the barn so long ago that the barn has long since
been torn down and replaced by a parking lot.

R's,
John


Re: Draft IESG Statement on Removal of an Internet-Draft from the IETF Web Site

2012-09-16 Thread Lawrence Conroy
Hi Scott, folks,
 with due deference to Joe Touch  Bill Manning, whenever I have 
created/requested publication of an I-D, it never occurred to me that I was 
actually withdrawing the rights I had signed up to after six months (i.e., 
insisting on removal). That seems a novel reading of the boilerplate/2026.

There were times people have had to refresh a draft before it disappeared (with 
precious few changes), just to keep them published.
That always struck me as bonkers, and am roundly happy that/if expired drafts 
don't evaporate with the season.
I can't be alone in this -- these docs may not be current, but having a trail 
of drafts NOT take up gigabytes on [some] people's hard drives is good.

As for Scott's comments/efforts to have an expired-draft directory -- amen to 
that, for both reasons.
(I hadn't realised that Steve had just about done this; good chap, who's sorely 
missed).

It is VERY useful to be able to search through drafts to see how we got here, 
AND to see things that were explored and abandoned.
It's also useful to be able to check when things were published relative to 
applications; having that information potentially go away was/is a nuisance.

IMHO:
If authors insist, OK -- the expired draft is toast (although it being replaced 
by a published note that it has been deleted would be good).
Otherwise, why would/should the IESG decide to remove a document?

... which is a long way of saying: +1

all the best,
  Lawrence



On 14 Sep 2012, at 16:21, Bradner, Scott wrote:
 I don't think that the Note Well note has much to do with what Joe started 
 talking about
 
 we have had this discussion before
 
 quite a few years ago (pre tools) I suggested moving expired IDs to an 
 expired IDs directory
 rather than removing them from the IETF public repository as well as posting 
 all the old
 expired IDs in the same directory (changing only the filename to prepend 
 expired-)
 
 seemed like a good idea to me  to many other people, for the reasons people 
 find the tools ID archive
 useful  the IESG at the time said to move ahead
 
 Steve Coya started the (long) process f pulling the old IDs from backup tapes 
 
 as he was finishing that process a new IESG was seated and the new IESG was 
 not as in 
 favor of the idea and wanted a fuller mailing list discussion (there had been 
 a short
 discussion when I proposed the idea)
 
 there were a few people (Joe was one) that felt that IDs were published under 
 the rights implied
 in rfc 2026, which said that IDs expired, and, thus, the IETF did to have the 
 right to not remove them
 (there fact that other repositories existed did not change the IETF's rights 
 in their opinion - in at least
 one case someone (I think Bill Manning) sent letters to some of those 
 archives asking that their 
 ID be removed)
 
 with support from the then IETF lawyer, I suggested that there be a way for a 
 ID author to
 request that their ID be removed from the expired IDs directory but that idea 
 did not carry the
 day and the expired IDs directory idea died
 
 then, at some later point, the tools function showed up - I do not think I 
 was still on the 
 IESG at that point so I do not know if the IESG discussed the question
 
 I think this is a very useful service (for history of how the technology 
 evolved 
 and for prior art searches in patent cases) and think that pretending that 
 anything 
 published on the Internet ever quite goes away is not realistic.
 
 Scott
 
 
 
 On Sep 14, 2012, at 1:35 AM, Joe Touch to...@isi.edu wrote:
 
 Note well, as you noted well, does not go back to the beginning of all IDs.
 



Re: Draft IESG Statement on Removal of an Internet-Draft from the IETF Web Site

2012-09-16 Thread tglassey

On 9/16/2012 6:56 AM, Lawrence Conroy wrote:

Hi Scott, folks,
  with due deference to Joe Touch  Bill Manning, whenever I have 
created/requested publication of an I-D, it never occurred to me that I was 
actually withdrawing the rights I had signed up to after six months (i.e., 
insisting on removal). That seems a novel reading of the boilerplate/2026.

There were times people have had to refresh a draft before it disappeared (with 
precious few changes), just to keep them published.
That always struck me as bonkers, and am roundly happy that/if expired drafts 
don't evaporate with the season.
I can't be alone in this -- these docs may not be current, but having a trail 
of drafts NOT take up gigabytes on [some] people's hard drives is good.

As for Scott's comments/efforts to have an expired-draft directory -- amen to 
that, for both reasons.
(I hadn't realised that Steve had just about done this; good chap, who's sorely 
missed).

It is VERY useful to be able to search through drafts to see how we got here, 
AND to see things that were explored and abandoned.
It's also useful to be able to check when things were published relative to 
applications; having that information potentially go away was/is a nuisance.

IMHO:
If authors insist, OK -- the expired draft is toast (although it being replaced 
by a published note that it has been deleted would be good).
Otherwise, why would/should the IESG decide to remove a document?

... which is a long way of saying: +1

all the best,
   Lawrence



On 14 Sep 2012, at 16:21, Bradner, Scott wrote:

I don't think that the Note Well note has much to do with what Joe started 
talking about

we have had this discussion before

quite a few years ago (pre tools) I suggested moving expired IDs to an expired 
IDs directory
rather than removing them from the IETF public repository as well as posting 
all the old
expired IDs in the same directory (changing only the filename to prepend 
expired-)

seemed like a good idea to me  to many other people, for the reasons people 
find the tools ID archive
useful  the IESG at the time said to move ahead

Steve Coya started the (long) process f pulling the old IDs from backup tapes

as he was finishing that process a new IESG was seated and the new IESG was not 
as in
favor of the idea and wanted a fuller mailing list discussion (there had been a 
short
discussion when I proposed the idea)

there were a few people (Joe was one) that felt that IDs were published under 
the rights implied
in rfc 2026, which said that IDs expired, and, thus, the IETF did to have the 
right to not remove them
(there fact that other repositories existed did not change the IETF's rights in 
their opinion - in at least
one case someone (I think Bill Manning) sent letters to some of those archives 
asking that their
ID be removed)

with support from the then IETF lawyer, I suggested that there be a way for a 
ID author to
request that their ID be removed from the expired IDs directory but that idea 
did not carry the
day and the expired IDs directory idea died

then, at some later point, the tools function showed up - I do not think I was 
still on the
IESG at that point so I do not know if the IESG discussed the question

I think this is a very useful service (for history of how the technology evolved
and for prior art searches in patent cases) and think that pretending that 
anything
published on the Internet ever quite goes away is not realistic.

Scott
The issue isnt whether the publications are available in an archive 
taking up space but whether the IP licensing rights to the content of 
that draft are persistent through a revision process or not. i.e. 
whether that right evaporates with the new publications then anyone 
implementing the protocol must also upgrade as well to stay in proper IP 
licensing state  or it persists.


Further if an IETF Draft is expired and there are support issues (from a 
contractual basis between parties who sold code implemented on those 
standards to a relying party) what happens to that contract?


One of the things this group has done is to ignore the practices of the 
real-world and its time this was addressed.  Code implemented from these 
publication standards is tied to the flow and protocol practices defined 
therein and its a real issue.


Todd





On Sep 14, 2012, at 1:35 AM, Joe Touch to...@isi.edu wrote:


Note well, as you noted well, does not go back to the beginning of all IDs.



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Re: Draft IESG Statement on Removal of an Internet-Draft from the IETF Web Site

2012-09-16 Thread tglassey

On 9/14/2012 7:38 AM, Andrew Sullivan wrote:

On Fri, Sep 14, 2012 at 07:24:12AM -0700, tglassey wrote:

For instance - how do you deal with an ID which was originally
published under one set of IP rights and another later one - or a
derivative work which is published under a separate set of rights -
which functionally contravenes or sets aside those original rights
authorizations?

This is a serious issue.

Indeed, it is, and if anybody would provide examples where we've had
this problem, I would be standing in line to argue that indeed we need
to make a policy and write stuff down.
I want to clarify what you are asking for in this statement - what 
specifically would satisfy this request here?


Todd


Instead, the best anyone comes up with is (1) artificial examples of
stuff that might happen someday maybe if someone does something wrong
and (2) one-off cases that are incredibly tricky anyway.

In response to (1), I say this is a problem we don't have.  We have a
poor track record with protocols for which there is no obvious
immediate need (indeed, even when there's an obvious immediate need,
we often screw it up).  Why would policy be different?

In response to (2), I say that hard cases make bad law.  They're all
going to be exceptions anyway.

A




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Re: Draft IESG Statement on Removal of an Internet-Draft from the IETF Web Site

2012-09-14 Thread John C Klensin


--On Thursday, September 13, 2012 23:59 + John Levine
jo...@taugh.com wrote:

 Censorship?  Sheesh.
...
 As I think I've said several times before, if we think the
 IESG would start gratuitously deleting stuff, we have much
 worse problems than any policy statement could solve.

+1 
Exactly.

The jump from what do we do with the range of
seemingly-legitimate request from an outside party to remove a
document from public view to if give flexibility, the IETF
might use it to start removing (or censoring) documents they
don't like seems incredible to me.  

 john



Re: Draft IESG Statement on Removal of an Internet-Draft from the IETF Web Site

2012-09-14 Thread tglassey

On 9/13/2012 8:40 PM, John Levine wrote:

I'm not sure I understand this analogy.  Are you saying that there are
IPR issues related to making expired drafts available?

Yes. Depends on the IDs, when they were authored, and which version of
the boilerplate they contain.

Can you give a concrete example of an I-D with this problem?  I don't ever
recall a time when the grant of rights to the IETF had a time limit.
They dont - and this is the problem. It means that there is no revision 
control in the license and NO ONE HAS TO USE OR IMPLEMENT ANY SPECIFIC 
SET OF SERVICES.  It also means that there is no way to pull anything - 
even stolen or unauthorized materials once licensed.


Todd


R's,
John


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Re: Draft IESG Statement on Removal of an Internet-Draft from the IETF Web Site

2012-09-14 Thread tglassey

On 9/13/2012 9:23 PM, Joe Touch wrote:
There were times when there were no rights granted explicitly, at 
least. I indicated the three ranges in a previous mail.


Joe

On 9/13/2012 8:40 PM, John Levine wrote:

I'm not sure I understand this analogy.  Are you saying that there are
IPR issues related to making expired drafts available?


Yes. Depends on the IDs, when they were authored, and which version of
the boilerplate they contain.


Can you give a concrete example of an I-D with this problem?  I don't 
ever

recall a time when the grant of rights to the IETF had a time limit.


For instance - how do you deal with an ID which was originally published 
under one set of IP rights and another later one - or a derivative work 
which is published under a separate set of rights - which functionally 
contravenes or sets aside those original rights authorizations?


This is a serious issue.

Todd


R's,
John




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Re: Draft IESG Statement on Removal of an Internet-Draft from the IETF Web Site

2012-09-14 Thread tglassey

On 9/13/2012 10:35 PM, Joe Touch wrote:
Note well, as you noted well, does not go back to the beginning of all 
IDs.


I.e., this is a tangled mess of different copyrights, different note 
wells, etc., and it's not as simple as it's the IETF's right to do 
anything except - maybe - going forward with a new copyright statement 
for IDs.




Joe

On 9/13/2012 10:10 PM, Martin Rex wrote:


I think Joe is right here. What the real issue is is simply that you 
have no actual way of proving #7 and this process is so bad it fails to 
meet the basic IP Licensing Process Rules that *** ALL *** commercial 
and academic providers are tied to in the real world so this is more of 
the IETF's actions  about its ability to create RIGHTS in a legal sense 
for anyone to anything it cannot formally prove it has legal power of 
attorney over.


If you dont own it - granting a third part rights to something over an 
electronic transport is actually a criminal act AFAIK.


Todd


   10.3.1.  All Contributions

7. The contributor represents that there are no limits to the
   contributor's ability to make the grants acknowledgments and
   agreements above that are reasonably and personally known to the
   contributor.

   By ratifying this description of the IETF process the Internet
   Society warrants that it will not inhibit the traditional open 
and

*free access to IETF documents for which license and right have
*been assigned according to the procedures set forth in this
*section, including Internet-Drafts and RFCs. This warrant is
*perpetual and will not be revoked by the Internet Society or its
*successors or assigns.





So which specific part of including Internet-Drafts and RFCs
and This warrent is perpetual caused your impression that
there was a time-limit on an I-D contribution?

-Martin


btw. rfc2026 10.3.1 (2) looks like an explicit non-policy for 
dissemmination

or termination of dissemination to me:

2. The contributor acknowledges that the ISOC and IETF have no duty
   to publish or otherwise use or disseminate any contribution.


I would be OK with a single person from (IESG member or IETF Chair)
quickly decides about suspending dissemination of a document based on
personal judgement and that the IESG wiggles out by themselves an
informal procedure (rather than a formal policy) for safeguarding
the process (from bias and abuse).  This cuts into their time budget
and seems to not be a concerningly frequent occurence to spend
much polish on it at this point.




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Re: Draft IESG Statement on Removal of an Internet-Draft from the IETF Web Site

2012-09-14 Thread Andrew Sullivan
On Fri, Sep 14, 2012 at 07:24:12AM -0700, tglassey wrote:
 
 For instance - how do you deal with an ID which was originally
 published under one set of IP rights and another later one - or a
 derivative work which is published under a separate set of rights -
 which functionally contravenes or sets aside those original rights
 authorizations?
 
 This is a serious issue.

Indeed, it is, and if anybody would provide examples where we've had
this problem, I would be standing in line to argue that indeed we need
to make a policy and write stuff down.

Instead, the best anyone comes up with is (1) artificial examples of
stuff that might happen someday maybe if someone does something wrong
and (2) one-off cases that are incredibly tricky anyway.

In response to (1), I say this is a problem we don't have.  We have a
poor track record with protocols for which there is no obvious
immediate need (indeed, even when there's an obvious immediate need,
we often screw it up).  Why would policy be different?

In response to (2), I say that hard cases make bad law.  They're all
going to be exceptions anyway.

A

-- 
Andrew Sullivan
a...@anvilwalrusden.com


Re: Draft IESG Statement on Removal of an Internet-Draft from the IETF Web Site

2012-09-14 Thread Bradner, Scott
I don't think that the Note Well note has much to do with what Joe started 
talking about

we have had this discussion before

quite a few years ago (pre tools) I suggested moving expired IDs to an 
expired IDs directory
rather than removing them from the IETF public repository as well as posting 
all the old
expired IDs in the same directory (changing only the filename to prepend 
expired-)

seemed like a good idea to me  to many other people, for the reasons people 
find the tools ID archive
useful  the IESG at the time said to move ahead

Steve Coya started the (long) process f pulling the old IDs from backup tapes 

as he was finishing that process a new IESG was seated and the new IESG was not 
as in 
favor of the idea and wanted a fuller mailing list discussion (there had been a 
short
discussion when I proposed the idea)

there were a few people (Joe was one) that felt that IDs were published under 
the rights implied
in rfc 2026, which said that IDs expired, and, thus, the IETF did to have the 
right to not remove them
(there fact that other repositories existed did not change the IETF's rights in 
their opinion - in at least
one case someone (I think Bill Manning) sent letters to some of those archives 
asking that their 
ID be removed)

with support from the then IETF lawyer, I suggested that there be a way for a 
ID author to
request that their ID be removed from the expired IDs directory but that idea 
did not carry the
day and the expired IDs directory idea died

then, at some later point, the tools function showed up - I do not think I was 
still on the 
IESG at that point so I do not know if the IESG discussed the question

I think this is a very useful service (for history of how the technology 
evolved 
and for prior art searches in patent cases) and think that pretending that 
anything 
published on the Internet ever quite goes away is not realistic.

Scott



On Sep 14, 2012, at 1:35 AM, Joe Touch to...@isi.edu wrote:

 Note well, as you noted well, does not go back to the beginning of all IDs.



Re: Draft IESG Statement on Removal of an Internet-Draft from the IETF Web Site

2012-09-13 Thread Martin Rex
Joe Touch wrote:
 
  There's nothing in the quote above that says that the expired document
  will not be available *in the archive*.
 
 There's nothing that says it won't be available by Santa Claus delivery 
 either. However, the document states how things will be made available, 
 and how that will change upon expiration.

While the 6-month timer (or any earlier I-D update!!) will, in fact,
change how the *IETF* distributes and promotes a particular I-D (version),
there is actually *NO* limitation in what folks downloading I-Ds
with the URLs from the i-d-announce  I-D Action: EMails do with
any of the I-Ds that they download.

When I startet mirroring I-Ds in 1995, I did so by processing the
I-D announce Emails, rather than mirroring the IETF ftp server,
because (a) I did want to retain old I-Ds of WG document that
I was actively participating in, and I had no desire to obtain
the tombstone files.


 
 Nobody is debating whether the IETF can/should have an archive. The 
 question is whether that archive should be public - which effectively 
 negates the concept of taking the doc out of the I-D repository.
 
 And I see you selectively omitted the rest of that paragraph:
 
 Such a request may be overridden; e.g., a chair of the
 working group associated with the I-D will be notified if an author
 requests unexpiration and may request that the action not occur.
 This request should be sent to internet-dra...@ietf.org (using the
 suggested subject line Resurrect I-D filename) and should come
 from an author, a working group chair, or an IESG member.

This describes how _one_ very specific IETF document repository
(of active I-Ds) is managed.


 
 I recognize the IETF might change this policy, but I want to be clear 
 that I don't consider this is ambiguous to date.


I *never* understood this to be any kind of polic, but rather a
description of the current procedure, deliberatly chosen by the
secretariat and server admin how to process and make available
I-Ds for download.

Since 1995, the location(favorite)protocol moved around a few times:

ftp://ds.internic.net/
ftp://ftp.ietf.org/
http://www.ietf.org/internet-drafts/
http://www.ietf.org/id/


I never understood the submission of a successor I-D or creation
of a tombstone I-D by the secretariat to imply un-publication or
un-contribution of an earlier or expired I-D.

Personally, I consider the possibility to diff arbitrary RFCs and I-D
version from the past through the tools.ietf.org interface extremely useful.
Similar to being able to browse IETF mailing list archives.
Not being able to browse old IETF WG mailing list archives that have been
hosted by other organizations is sometimes a problem.  (there are many
interesting discussions and information in the archives, many of
which are still quite relevant today).


 
 If the IETF wants to put all old IDs on a public site, I consider that 
 equivalent to unexpiration, and the authors must be given the right to 
 opt-out.


You're asking for an opt-out from Note Well here.  I strongly object
to such a change of IETF policy.


Several I-Ds, and in particular abandoned/expired I-Ds were originally
cometing proposals, and only one or a few of them was/were selected to
become adopted/published as RFCs.  That doesn't mean that the other
proposals were useless, flawed or not being actively discussed
on IETF mailing lists.  Just the opposite.  I-Ds are often regular
parts of WG mailing list discussions, they're just managed/distributed
in a fashion that differes from Mailing list archives.


-Martin


Re: Draft IESG Statement on Removal of an Internet-Draft from the IETF Web Site

2012-09-13 Thread Joe Touch



On 9/12/2012 11:01 PM, Martin Rex wrote:

While the 6-month timer (or any earlier I-D update!!) will, in fact,
change how the*IETF*  distributes and promotes a particular I-D (version),
there is actually*NO*  limitation in what folks downloading I-Ds
with the URLs from the i-d-announce  I-D Action: EMails do with
any of the I-Ds that they download.


At least one limitation is here:

c. Pre-5378 Material.  In some cases, IETF 
Contributions or IETF Documents may contain material from IETF 
Contributions or IETF Documents published or made publicly available 
before November 10, 2008 as to which the persons controlling the 
copyright in such material have not granted rights to the IETF Trust 
under the terms of RFC 5378 (“Pre-5378 Material”).  If a Contributor 
includes the legend contained in Section 6.c.iii of these Legal 
Provisions on such IETF Contributions or IETF Documents containing 
Pre-5378 Materials, the IETF Trust agrees that it shall not grant any 
third party the right to use such Pre-5378 Material outside the IETF 
Standards Process unless and until it has obtained sufficient rights to 
do so from the persons controlling the copyright in such Pre-5378 
Material.  Where practical, Contributors are encouraged to identify 
which portions of such IETF Contributions and IETF Documents contain 
Pre-5378 Material, including the source (by RFC number or otherwise) of 
the Pre-5378 Material.


Note that the standards process is defined in a way that includes 
archiving, but does not explicitly include publication:


b. IETF Standards Process.  The term IETF Standards 
Process has the meaning assigned to it in RFC 5378.  In addition, the 
IETF Trust interprets the IETF Standards Process to include the 
archiving of IETF Documents in perpetuity for reference in support of 
IETF activities and the implementation of IETF standards and specifications.


So it's not a slam dunk that you have the rights you think for every 
I-D; you definitely don't have those rights for IDs published before Nov 
10, 2008 since the copyright was not transferred to the ISOC/IETF or 
their Trustees.


Joe


Re: Draft IESG Statement on Removal of an Internet-Draft from the IETF Web Site

2012-09-13 Thread John C Klensin


--On Wednesday, September 12, 2012 23:13 -0400 Barry Leiba
barryle...@computer.org wrote:

...
 There's nothing in the quote above that says that the expired
 document will not be available *in the archive*.  It says that
 it will be removed *from the repository*, which it is... and
 the text you cite later goes on to talk about the tombstone
 file that replaced it in the repository, which we can easily
 see when we go to the datatracker entry for an expired I-D.
 
 And then the statement you cite further goes on to say this:
 
An expired I-D may be unexpired when necessary to further
 the work ofthe IETF, including IETF liaison with other
 standards bodies.  Suchaction will be taken by request of
 an IESG member, a chair of theworking group associated
 with the I-D, or one of the documentauthors.
 
 That *clearly* implies that it's not *gone*, else how could it
 be unexpired when necessary, by anyone's request?

Barry,

Without trying to figure out whether or not I agree with Joe,
the key question has never been, IMO, whether or not the IETF
has the right to _keep_ expired documents.  Keeping them is
clearly necessary to un-expire them, as you note, and has a
number of other significant advantages and useful properties.
As far as I know, a file of expired I-Ds have been maintained
since I-Ds were introduced as a tool.

But nothing in the above, nor in the text you cite, requires
that _keep_ imply guarantee to have available for retrieval
over the network by any interested party, with no requirement
for a special request.  It seems to me that it is only the
latter that is of interest here and only the latter that is the
subject of the proposed policy.   Remove from public archive
does not imply it is gone, forget it ever existed either, only
making it inaccessible for retrieval except perhaps in response
to other court orders or for other good causes that might be
permitted.

I don't have an opinion or intend to make any claim as to which
this part of the discussion turned fishy, but the smell of red
herring does not help advance discussions.

   john





Re: Draft IESG Statement on Removal of an Internet-Draft from the IETF Web Site

2012-09-13 Thread Dave Crocker


On 9/12/2012 11:30 PM, John C Klensin wrote:

But nothing in the above, nor in the text you cite, requires
that _keep_ imply guarantee to have available for retrieval
over the network by any interested party, with no requirement
for a special request.



It's interesting how this line of analysis entirely ignores pragmatics.

It has been noted by a number of folk that public access has repeatedly 
been demonstrated to be... useful.


That's why they were made accessible.

d/

--
 Dave Crocker
 Brandenburg InternetWorking
 bbiw.net


Re: Draft IESG Statement on Removal of an Internet-Draft from the IETF Web Site

2012-09-13 Thread Joe Touch



On 9/13/2012 12:02 AM, Dave Crocker wrote:


On 9/12/2012 11:30 PM, John C Klensin wrote:

But nothing in the above, nor in the text you cite, requires
that _keep_ imply guarantee to have available for retrieval
over the network by any interested party, with no requirement
for a special request.



It's interesting how this line of analysis entirely ignores pragmatics.

It has been noted by a number of folk that public access has repeatedly
been demonstrated to be... useful.

That's why they were made accessible.

d/


PirateBay believes this too, and helps make movies available for public 
access, honoring pragmatics.


Good luck with that line of reasoning.

Joe


Re: Draft IESG Statement on Removal of an Internet-Draft from the IETF Web Site

2012-09-13 Thread John C Klensin


--On Thursday, September 13, 2012 00:19 -0700 Joe Touch
to...@isi.edu wrote:
 
 On 9/13/2012 12:02 AM, Dave Crocker wrote:
 
 On 9/12/2012 11:30 PM, John C Klensin wrote:
 But nothing in the above, nor in the text you cite, requires
 that _keep_ imply guarantee to have available for retrieval
 over the network by any interested party, with no requirement
 for a special request.
 
 
 It's interesting how this line of analysis entirely ignores
 pragmatics.
 
 It has been noted by a number of folk that public access has
 repeatedly been demonstrated to be... useful.
 
 That's why they were made accessible.
 
 d/
 
 PirateBay believes this too, and helps make movies available
 for public access, honoring pragmatics.
 
 Good luck with that line of reasoning.

Let me try that a different way.  Suppose someone were to
propose that ISOC increase the subsidy to IETF sufficiently to
drop all registration fees.  That would certainly be useful.
It would be useful to those who have to pay those fees out of
their own pockets, increasing the costs of attendance and making
it harder to attend.  It would be useful to those who have to
justify travel budgets and expenses.   One might even suggest
that it would be useful to everyone who wasn't interested in
using the rising costs of IETF meetings to keep people out.

It would perhaps be even more useful to offer a distance-based
cash subsidy to anyone who has to travel more than, say, 3000
miles to an IETF meeting.  That would not only be useful to
individuals, but would be useful in balancing out the
differential cost effects of meeting location choices and hence
in improving geographical balance in meetings.

Are there pragmatic reasons to not do either of these useful
things?  Sure there are.  But they would definitely be
pragmatically useful.

The questions about the public archive aren't do people find
this useful? but does the utility of having the archive public
outweigh the costs and risks?   And, if the answer to the
second question is even only maybe, can we analyze the real
needs and determine other ways to meet them, such as by keeping
expired drafts available for a relatively short time after
expiration rather than forever, with authors having an opt-out
option?.

best,
john





Re: Draft IESG Statement on Removal of an Internet-Draft from the IETF Web Site

2012-09-13 Thread Sam Hartman
 Joe == Joe Touch to...@isi.edu writes:

Joe On 9/5/2012 7:51 AM, SM wrote:
Joe ...
 Creating a perpetual I-D archive for the sake of rfcdiff is not a
 good idea as it goes against the notion of letting an I-D expire
 gracefully.

Joe +1

Joe Let's not forget there was a reason for expiration.

Joe I'm OK with the archive being public so long as at least the
Joe authors can remove an ID *without needing to provide a reason*.

Joe Yes, removal from the IETF site will not expunge copies from
Joe the entire Internet, but the IETF site should set the example
Joe here, and respect the original intent of allowing an ID to
Joe expire.

I find myself in agreement with Joe here.
I'm kind of horrified that this discussion is still going on.

If I write that super-offensive porn in the form of an i-d that Scott
warned about can we all find something else to mail about?:-)


Re: Draft IESG Statement on Removal of an Internet-Draft from the IETF Web Site

2012-09-13 Thread Hector Santos
I find the archives very useful, especially when you have your own I-D 
history and contribution to WG works perhaps.  It helps to show 
different views, the synergism, the competitive engineering views, the 
history, etc behind the final development of WG work.


Whenever I do find a need to reference them in the eDiscussion, I will 
make sure I parenthetically note  they are expired information.


My input is limited due to legal reasons and try to keep with public 
domain technology exchanges and communications.


I can understand if an expired I-D touches base with some level of IP 
that may be conflictive in the future, i.e. someone does a patent 
search/research and finds prior art in an expired I-D and it may be 
advantageous to them to have it removed from the archives.  However, 
this is what the lawyers and courts are for.  I'm sure the IETF/IESG 
archive keepers can also make judgment calls but I don't think it will 
be harmful to keep them around until it became a legal issue and like 
everything else, dealt on a case by case basis.


I will say that I like to believe (maybe I am naive) the IETF/IESG 
does represents the community at large and I like to believe it 
represent even the Small Guys that really is not interested in the 
politics and battles.



John C Klensin wrote:


--On Thursday, September 13, 2012 00:19 -0700 Joe Touch
to...@isi.edu wrote:
 

On 9/13/2012 12:02 AM, Dave Crocker wrote:

On 9/12/2012 11:30 PM, John C Klensin wrote:

But nothing in the above, nor in the text you cite, requires
that _keep_ imply guarantee to have available for retrieval
over the network by any interested party, with no requirement
for a special request.


It's interesting how this line of analysis entirely ignores
pragmatics.

It has been noted by a number of folk that public access has
repeatedly been demonstrated to be... useful.

That's why they were made accessible.

d/

PirateBay believes this too, and helps make movies available
for public access, honoring pragmatics.

Good luck with that line of reasoning.


Let me try that a different way.  Suppose someone were to
propose that ISOC increase the subsidy to IETF sufficiently to
drop all registration fees.  That would certainly be useful.
It would be useful to those who have to pay those fees out of
their own pockets, increasing the costs of attendance and making
it harder to attend.  It would be useful to those who have to
justify travel budgets and expenses.   One might even suggest
that it would be useful to everyone who wasn't interested in
using the rising costs of IETF meetings to keep people out.

It would perhaps be even more useful to offer a distance-based
cash subsidy to anyone who has to travel more than, say, 3000
miles to an IETF meeting.  That would not only be useful to
individuals, but would be useful in balancing out the
differential cost effects of meeting location choices and hence
in improving geographical balance in meetings.

Are there pragmatic reasons to not do either of these useful
things?  Sure there are.  But they would definitely be
pragmatically useful.

The questions about the public archive aren't do people find
this useful? but does the utility of having the archive public
outweigh the costs and risks?   And, if the answer to the
second question is even only maybe, can we analyze the real
needs and determine other ways to meet them, such as by keeping
expired drafts available for a relatively short time after
expiration rather than forever, with authors having an opt-out
option?.

best,
john







--
HLS




Re: Draft IESG Statement on Removal of an Internet-Draft from the IETF Web Site

2012-09-13 Thread Melinda Shore
On 9/12/12 11:19 PM, Joe Touch wrote:
 PirateBay believes this too, and helps make movies available for public
 access, honoring pragmatics.

I'm not sure I understand this analogy.  Are you saying that there are
IPR issues related to making expired drafts available?

Melinda



Re: Draft IESG Statement on Removal of an Internet-Draft from the IETF Web Site

2012-09-13 Thread Dave Crocker



PirateBay believes this too, and helps make movies available for public
access, honoring pragmatics.


I'm not sure I understand this analogy.  Are you saying that there are
IPR issues related to making expired drafts available?



And since we've had a public archive of expired drafts for quite awhile, 
where have the purported problems been, that would justify this lengthy 
thread?


d/

--
 Dave Crocker
 Brandenburg InternetWorking
 bbiw.net


Re: Draft IESG Statement on Removal of an Internet-Draft from the IETF Web Site

2012-09-13 Thread Martin Rex
Joe,

 
 So it's not a slam dunk that you have the rights you think for every
 I-D; you definitely don't have those rights for IDs

We're NOT talking about rights that were transfered from the document
author to arbitrary third parties here, but about rights that were
given to the IETF (IETF contribution), and which have never been
time-limited.

So archival and making accessible I-D contributions past the expiration
of an I-D is perfectly legal for the IETF, unless the I-D contains an
explicit copyright notice to the contrary (most I-Ds from 199x do not
seem to carry any copyright notice at all).


Where you are _correct_ is, copypasting parts of such an old I-D
or the whole document into new documents will in fact require contacting
the original author(s)/copyright holder(s) and obtain permission,
the Note Well provisions likely will not be sufficient, at least for those
old I-Ds. (it is not just a matter of courtesy, but a requirement).

I assume the latter is what rfc5378 is supposed to fix.

-Martin


Re: Draft IESG Statement on Removal of an Internet-Draft from the IETF Web Site

2012-09-13 Thread Cullen Jennings (fluffy)

I like the whole and +1 to it. I can see the pros and cons of make drafts 
actually go away but given it is impossible to get rid of a draft from the 
internet, all we end up with in the current situation are the cons and none of 
the pros.

I do have one suggested change 

OLD
 An I-D will only be removed from the public I-D archive in compliance
 with a duly authorized court order.  

NEW
 The IETF Chair may decide to removed an I-D from the public I-D archive. 


We have better things to do than argue which courts we might accept court 
orders from or what a court order is so I suggest we just let the chair do the 
right thing. The chair will understand the goals of the IETF and have legal 
advice available to them.  If the wrong thing happens, we can fix it after the 
fact by putting the ID back. 


On Sep 3, 2012, at 6:00 PM, IETF Chair ch...@ietf.org wrote:

 The IESG is considering this IESG Statement.  Comments from the community are 
 solicited.
 
 On behalf of the IESG,
 Russ
 
 --- DRAFT IESG STATEMENT ---
 
 SUBJECT: Removal of an Internet-Draft from the IETF Web Site
 
 Internet-Drafts (I-Ds) are working documents of the IETF, its Areas,
 and its Working Groups.  In addition, other groups, including the IAB
 and the IRTF Research Groups, distribute working documents as I-Ds.
 I-Ds are stored in two places on the IETF web site.  First, current
 ones are stored in the I-D directory.  Second, current and past ones
 are stored in a public I-D archive.
 
 I-Ds are readily available to a wide audience from the IETF I-D
 directory.  This availability facilitates informal review, comment,
 and revision.
 
 While entries in the I-D directory are subject to change or removal
 at any time, I-Ds generally remain publicly archived to support easy
 comparison with previous versions.
 
 Entries in the I-D directory are removed as part of normal process
 when it expires after six months, when it is replaced by a subsequent
 I-D, or when it is replaced by the publication of an RFC.  In all
 of these situations, the I-D remains in the public I-D archive.
 
 An I-D will only be removed from the public I-D archive in compliance
 with a duly authorized court order.  If possible, a removed I-D will be
 replaced with a tombstone file that describes the reason that the I-D
 was removed from the public I-D archive.
 



Re: Draft IESG Statement on Removal of an Internet-Draft from the IETF Web Site

2012-09-13 Thread Dave Crocker



On 9/13/2012 2:35 PM, Cullen Jennings (fluffy) wrote:

OLD

An I-D will only be removed from the public I-D archive in compliance
with a duly authorized court order.


NEW

The IETF Chair may decide to removed an I-D from the public I-D archive.



This defines the IETF Chair as Chief Censor, with no written policy 
guidance.  That is, deletion is at the whimsy of the Chair.


Is that really what we (and the Chair) want?

Given possible legal implications of claimed unfair treatment of a 
document, that's pretty onerous exposure for the Chair.


d/

--
 Dave Crocker
 Brandenburg InternetWorking
 bbiw.net


Re: Draft IESG Statement on Removal of an Internet-Draft from the IETF Web Site

2012-09-13 Thread Barry Leiba
 The IETF Chair may decide to removed an I-D from the public I-D archive.

 This defines the IETF Chair as Chief Censor, with no written policy
 guidance.  That is, deletion is at the whimsy of the Chair.

 Is that really what we (and the Chair) want?

I very much agree.  I'm happy with the decision being the consensus of
a board, but not giving it to an individual.

Barry


Re: Draft IESG Statement on Removal of an Internet-Draft from the IETF Web Site

2012-09-13 Thread Dave Crocker



On 9/13/2012 3:08 PM, Barry Leiba wrote:

The IETF Chair may decide to removed an I-D from the public I-D archive.


This defines the IETF Chair as Chief Censor, with no written policy
guidance.  That is, deletion is at the whimsy of the Chair.

Is that really what we (and the Chair) want?


I very much agree.  I'm happy with the decision being the consensus of
a board, but not giving it to an individual.



Not that you've said something to exclude this, but I want to make sure 
we don't lose the second part:


 I believe we /do/ need a written policy that has been reviewed by 
legal counsel.  Even with a group -- versus individual -- we should not 
create possible charges of censorship up to the personal whims of the 
moment.


d/


--
 Dave Crocker
 Brandenburg InternetWorking
 bbiw.net


Re: Draft IESG Statement on Removal of an Internet-Draft from the IETF Web Site

2012-09-13 Thread David Kessens

Dave,

On Thu, Sep 13, 2012 at 03:10:51PM -0700, Dave Crocker wrote:
 
  I believe we /do/ need a written policy that has been reviewed
 by legal counsel.

I think the lengthy discussion that we have seen on this topic proofs that
we should NOT have a written policy.

Deal with this on a case-by-case basis seems the most efficient way until we
hear that the IESG spends more time arguing on a particular case than the
IETF community does on a written policy.

David Kessens
---


Re: Draft IESG Statement on Removal of an Internet-Draft from the IETF Web Site

2012-09-13 Thread Dave Crocker

David,


On 9/13/2012 3:25 PM, David Kessens wrote:

On Thu, Sep 13, 2012 at 03:10:51PM -0700, Dave Crocker wrote:


  I believe we /do/ need a written policy that has been reviewed
by legal counsel.


I think the lengthy discussion that we have seen on this topic proofs that
we should NOT have a written policy.


It shows a tendency of the active IETF discussants to resist doing the 
work of settling on policy for the IETF.  That's quite different from 
demonstrating a lack of /need/.


Essentially none of the enlightened discussion on this thread considered 
legal ramifications of potentially arbitrary censorship by a public 
group such as ourselves.


In other words, I saw the /actual/ implication of the thread as making 
it crystal clear that we do /not/ want a collection of amateurs 
formulating ad hoc censorship policies on the fly.


(Forgive me for underscoring this, but I think the original policy draft 
that was floated to the community was a good demonstration of this 
danger.  Although I happened to like the details of what was floated, 
the fact that it had not been reviewed by counsel prior to being made 
public is quite troubling.)




Deal with this on a case-by-case basis seems the most efficient way until we
hear that the IESG spends more time arguing on a particular case than the
IETF community does on a written policy.


For an organization in the business of writing global standards, we are 
remarkably resistant to doing the thoughtful and deliberate policy work 
of writing standards for ourselves.


Instead we tend to prefer the whimsy of personal adhoc-racy, with its 
typical dangers of inconsistency and incompleteness.


d/

--
 Dave Crocker
 Brandenburg InternetWorking
 bbiw.net


Re: Draft IESG Statement on Removal of an Internet-Draft from the IETF Web Site

2012-09-13 Thread David Kessens

Dave,

On Thu, Sep 13, 2012 at 03:43:01PM -0700, Dave Crocker wrote:
 
 Essentially none of the enlightened discussion on this thread
 considered legal ramifications of potentially arbitrary censorship
 by a public group such as ourselves.

Aren't you going a little overboard in hyperbole here ?

David Kessens
---


Re: Draft IESG Statement on Removal of an Internet-Draft from the IETF Web Site

2012-09-13 Thread Dave Crocker



On 9/13/2012 3:54 PM, David Kessens wrote:

On Thu, Sep 13, 2012 at 03:43:01PM -0700, Dave Crocker wrote:


Essentially none of the enlightened discussion on this thread
considered legal ramifications of potentially arbitrary censorship
by a public group such as ourselves.


Aren't you going a little overboard in hyperbole here ?



you mean by claiming the discussion was enlightened?

the rest was offered as an observation and reporting of what I believe 
to fact, in factual language.  if you see hyperbole in any of it, please 
explain.


d/

--
 Dave Crocker
 Brandenburg InternetWorking
 bbiw.net


Re: Draft IESG Statement on Removal of an Internet-Draft from the IETF Web Site

2012-09-13 Thread John C Klensin


--On Thursday, September 13, 2012 15:10 -0700 Dave Crocker
dcroc...@bbiw.net wrote:

 On 9/13/2012 3:08 PM, Barry Leiba wrote:
 The IETF Chair may decide to removed an I-D from the
 public I-D archive.
 
 This defines the IETF Chair as Chief Censor, with no written
 policy guidance.  That is, deletion is at the whimsy of the
 Chair.
 
 Is that really what we (and the Chair) want?
 
 I very much agree.  I'm happy with the decision being the
 consensus of a board, but not giving it to an individual.
 
 
 Not that you've said something to exclude this, but I want to
 make sure we don't lose the second part:
 
   I believe we /do/ need a written policy that has been
 reviewed by legal counsel.  Even with a group -- versus
 individual -- we should not create possible charges of
 censorship up to the personal whims of the moment.

I'm not sure, Dave.  I see the theoretical risk, but the number
of times that problem has occurred in the past is, I believe,
zero.  I'd be more concerned about it if we were talking about
removing active documents rather than taking something out of
the publicly-available archive of expired documents.   And a
decision by the IESG to remove a document would presumably be,
like all other IESG decisions, subject to appeal.   

If the IESG started taking down documents just because they
didn't like them, I'd also think we'd quickly try out the recall
procedure for the first time.  But, again, the IESG has had many
years of experience with I-Ds they don't like (and many such
documents), during most of which time no one questioned their
ability to remove a document from public view (active or
archived) and, AFAIK, we have seen absolutely no abuse of that
type.

I'd be ok with a written policy that has been reviewed by legal
counsel if I thought there were even reasonable odds of its
adequately covering all the cases.  But I fear that such a
policy would exclude some important case and thereby get the
IESG in trouble as we tried to work with (or work around, or
revise on an emergency basis) a policy that turned out to
prevent us (or even the IESG or IETF Trust) from exercising good
sense and doing what is either obviously right or as advised by
Counsel when Counsel is presented by a particular situation.

Proposal: I think it would be fine to have a policy in which:

(1) A document would be taken down as quickly as
possible in response to a legitimate court order with
approval of Counsel.
(2) A document to which, in the opinion of Counsel, the
IETF might not have clear copyright title, and for which
a DCMA take-down notice or equivalent was received
unless the IESG, with advice and consent of Counsel,
advised against such a takedown.
(3) The IESG could take anything else down for cause
   at its discretion after:
(3.1) Seeking and receiving advice of Counsel
(3.2) Announcing intention to do so, and the cause,
 on the IETF-announce list and allowing a brief 
 period for objections.
(3.3) Considering any advice and objections before
making a final decision.
   (3.4) Subject to the above, the IESG is encouraged 
 to look with favor on requests to remove already- 
 expired documents from the public archive from the 
 party responsible for the document (authors of 
 individual drafts; WGs for WG drafts).  We 
 recognize that such removal doesn't cause the 
 documents to disappear from the Internet, but 
 responsible parties making such requests about
 their own documents presumably have reasons that 
 we should treat respectfully.
(4) Any of those actions would be subject to appeal if
members of the community felt there were important
issues that had not been considered.  An appeal could
request that the advice from Counsel be made available
to the community.  The IESG would be required to either
comply with that request or explain why not.

I don't like it --my personal position is much closer to Joe's
or Sam's-- but, if there is consensus that we have to have a
written policy, one like the above at least doesn't tie our
hands when a situation arises that we haven't anticipated.
While there is some possibility of DoS attacks embedded in it,
it remains important that we haven't seen huge numbers of these
requests (or even small numbers).  Indeed, one of my fears about
the amount of discussion we've had (and any formal policy at
this point) is that it may encourage such requests.  Too late to
worry about that now.

best,
   john



Re: Draft IESG Statement on Removal of an Internet-Draft from the IETF Web Site

2012-09-13 Thread John Levine
I very much agree.  I'm happy with the decision being the consensus of
a board, but not giving it to an individual.

So give it to the IESG and we can stop arguing about it.

I have to say, the urge to post a few I-D's consisting of snuff porn
is nearly irresistible.

R's,
John


Re: Draft IESG Statement on Removal of an Internet-Draft from the IETF Web Site

2012-09-13 Thread John Levine
  I believe we /do/ need a written policy that has been reviewed by 
legal counsel.  Even with a group -- versus individual -- we should not 
create possible charges of censorship up to the personal whims of the 
moment.

Censorship?  Sheesh.

The IETF is not the government.  We have no obligation to anyone to
publish anything, nor can we keep anyone from publishing anything on
the 99.9% of the Internet that the IETF does not control.  

As I think I've said several times before, if we think the IESG would
start gratuitously deleting stuff, we have much worse problems than
any policy statement could solve.

R's,
John


Re: Draft IESG Statement on Removal of an Internet-Draft from the IETF Web Site

2012-09-13 Thread John Levine
It shows a tendency of the active IETF discussants to resist doing the 
work of settling on policy for the IETF.  That's quite different from 
demonstrating a lack of /need/.

The IETF has been around for 26 years, and has had, I gather, zero
removal requests to date.

If that doesn't demonstrate lack of need, what would?

R's,
John


Re: Draft IESG Statement on Removal of an Internet-Draft from the IETF Web Site

2012-09-13 Thread Joe Touch

On 9/13/2012 12:28 PM, Martin Rex wrote:

Joe,



So it's not a slam dunk that you have the rights you think for every
I-D; you definitely don't have those rights for IDs


We're NOT talking about rights that were transfered from the document
author to arbitrary third parties here, but about rights that were
given to the IETF (IETF contribution), and which have never been
time-limited.


The expires term and corresponding entire text of the ID submissions 
guidelines suggest otherwise.



So archival and making accessible I-D contributions past the expiration
of an I-D is perfectly legal for the IETF, unless the I-D contains an
explicit copyright notice to the contrary (most I-Ds from 199x do not
seem to carry any copyright notice at all).


I've already pointed out text that, e.g., someone might use to make the 
case to the contrary.


Finally, in the US, lawyer isn't who would decide this; a jury would.


Where you are _correct_ is, copypasting parts of such an old I-D
or the whole document into new documents will in fact require contacting
the original author(s)/copyright holder(s) and obtain permission,
the Note Well provisions likely will not be sufficient, at least for those
old I-Ds. (it is not just a matter of courtesy, but a requirement).

I assume the latter is what rfc5378 is supposed to fix.


There are several variants of issues that apply, at least three I recall:

pre 1994
1994-2008
2008-now

This isn't the first time this issue has been discussed on this list.

RFC 5378 is intended to address reuse of material, as you suggest - not 
whether that material can be publicly posted.


Joe





Re: Draft IESG Statement on Removal of an Internet-Draft from the IETF Web Site

2012-09-13 Thread Joe Touch



On 9/13/2012 11:04 AM, Melinda Shore wrote:

On 9/12/12 11:19 PM, Joe Touch wrote:

PirateBay believes this too, and helps make movies available for public
access, honoring pragmatics.


I'm not sure I understand this analogy.  Are you saying that there are
IPR issues related to making expired drafts available?


Yes. Depends on the IDs, when they were authored, and which version of 
the boilerplate they contain.


Joe


Re: Draft IESG Statement on Removal of an Internet-Draft from the IETF Web Site

2012-09-13 Thread John Levine
 I'm not sure I understand this analogy.  Are you saying that there are
 IPR issues related to making expired drafts available?

Yes. Depends on the IDs, when they were authored, and which version of 
the boilerplate they contain.

Can you give a concrete example of an I-D with this problem?  I don't ever
recall a time when the grant of rights to the IETF had a time limit.

R's,
John


Re: Draft IESG Statement on Removal of an Internet-Draft from the IETF Web Site

2012-09-13 Thread Joe Touch
There were times when there were no rights granted explicitly, at least. 
I indicated the three ranges in a previous mail.


Joe

On 9/13/2012 8:40 PM, John Levine wrote:

I'm not sure I understand this analogy.  Are you saying that there are
IPR issues related to making expired drafts available?


Yes. Depends on the IDs, when they were authored, and which version of
the boilerplate they contain.


Can you give a concrete example of an I-D with this problem?  I don't ever
recall a time when the grant of rights to the IETF had a time limit.

R's,
John



Re: Draft IESG Statement on Removal of an Internet-Draft from the IETF Web Site

2012-09-13 Thread Martin Rex
Joe Touch wrote:

 There were times when there were no rights granted explicitly, at least. 
 I indicated the three ranges in a previous mail.

In which case the Note Well concludently applies to the I-D contents,
which seems to have first appeared on www.ietf.org around 2001,

  http://web.archive.org/web/20010413091132/http://ietf.org/overview.html

and slightly extended in 2002:

  http://web.archive.org/web/20020605140239/http://ietf.org/overview.html

primarily refering to the IETF process described in rfc2026 section 10:

http://tools.ietf.org/html/rfc2026#section-10

  10.2, 10.3, 10.3.1 (2), 10.3.1 (5), 10.3.1 (7)


  10.3.1.  All Contributions 

   7. The contributor represents that there are no limits to the
  contributor's ability to make the grants acknowledgments and
  agreements above that are reasonably and personally known to the
  contributor.

  By ratifying this description of the IETF process the Internet
  Society warrants that it will not inhibit the traditional open and
*free access to IETF documents for which license and right have
*been assigned according to the procedures set forth in this
*section, including Internet-Drafts and RFCs. This warrant is
*perpetual and will not be revoked by the Internet Society or its
*successors or assigns.


So which specific part of including Internet-Drafts and RFCs
and This warrent is perpetual caused your impression that
there was a time-limit on an I-D contribution?

-Martin


btw. rfc2026 10.3.1 (2) looks like an explicit non-policy for dissemmination
or termination of dissemination to me:

   2. The contributor acknowledges that the ISOC and IETF have no duty
  to publish or otherwise use or disseminate any contribution.


I would be OK with a single person from (IESG member or IETF Chair)
quickly decides about suspending dissemination of a document based on
personal judgement and that the IESG wiggles out by themselves an
informal procedure (rather than a formal policy) for safeguarding
the process (from bias and abuse).  This cuts into their time budget
and seems to not be a concerningly frequent occurence to spend
much polish on it at this point.



Re: Draft IESG Statement on Removal of an Internet-Draft from the IETF Web Site

2012-09-13 Thread Joe Touch

Note well, as you noted well, does not go back to the beginning of all IDs.

I.e., this is a tangled mess of different copyrights, different note 
wells, etc., and it's not as simple as it's the IETF's right to do 
anything except - maybe - going forward with a new copyright statement 
for IDs.




Joe

On 9/13/2012 10:10 PM, Martin Rex wrote:

Joe Touch wrote:


There were times when there were no rights granted explicitly, at least.
I indicated the three ranges in a previous mail.


In which case the Note Well concludently applies to the I-D contents,
which seems to have first appeared on www.ietf.org around 2001,

   http://web.archive.org/web/20010413091132/http://ietf.org/overview.html

and slightly extended in 2002:

   http://web.archive.org/web/20020605140239/http://ietf.org/overview.html

primarily refering to the IETF process described in rfc2026 section 10:

http://tools.ietf.org/html/rfc2026#section-10

   10.2, 10.3, 10.3.1 (2), 10.3.1 (5), 10.3.1 (7)


   10.3.1.  All Contributions

7. The contributor represents that there are no limits to the
   contributor's ability to make the grants acknowledgments and
   agreements above that are reasonably and personally known to the
   contributor.

   By ratifying this description of the IETF process the Internet
   Society warrants that it will not inhibit the traditional open and
*free access to IETF documents for which license and right have
*been assigned according to the procedures set forth in this
*section, including Internet-Drafts and RFCs. This warrant is
*perpetual and will not be revoked by the Internet Society or its
*successors or assigns.


So which specific part of including Internet-Drafts and RFCs
and This warrent is perpetual caused your impression that
there was a time-limit on an I-D contribution?

-Martin


btw. rfc2026 10.3.1 (2) looks like an explicit non-policy for dissemmination
or termination of dissemination to me:

2. The contributor acknowledges that the ISOC and IETF have no duty
   to publish or otherwise use or disseminate any contribution.


I would be OK with a single person from (IESG member or IETF Chair)
quickly decides about suspending dissemination of a document based on
personal judgement and that the IESG wiggles out by themselves an
informal procedure (rather than a formal policy) for safeguarding
the process (from bias and abuse).  This cuts into their time budget
and seems to not be a concerningly frequent occurence to spend
much polish on it at this point.



Re: Draft IESG Statement on Removal of an Internet-Draft from the IETF Web Site

2012-09-12 Thread Martin Rex
Barry Leiba wrote:
  This raises the question of what expires means.
 
  At the least, if IDs are published publicly forever, then expires is no
  longer meaningful and the entirety of that notion needs to be expunged
  from the ID process.
 
 You seem to think it means something like expunged from the record, and no
 longer available for viewing.
 
 I think it means no longer current for the purposes of work and
 discussion.

I fully agree to the latter.

Expunging I-Ds that are older than 6 months looks like a silly idea
to me.  Nothing in Note Well indicates that an IETF contribution
that is not published as RFC or regurgitated as a successor I-D
will be automatically un-contributed from the IETF.

Actually, to me the Note Well says just the opposite.
There are numerous I-Ds that are idle for  6 month (even WG documents)
and there are also numerous abandoned I-Ds (WG documents and individual
submissions).  I consider it perfectly reasonable to keep them as easily
accessible as IETF mailing list archives to the community so that
any existing contribution can be easily found and reused whenever
anyone feels like it.

I consider it a matter of self-evident courtesy to contact the original
author(s) before submitting a new I-D that incorporates elses I-D (or RFC),
independent of whether that document is active(I-D)/published(RFC) or
expired(I-D).

An expired or abandoned individual I-D might be an indicator that the
author(s) did not have the time/energy/endurance to carry it through
to RFC, not necessarily that the document (or technology described by it)
is not mature or does not exist.  I expect that a number of expired I-Ds
describes an installed base that is alive and kicking.


-Martin


Re: Draft IESG Statement on Removal of an Internet-Draft from the IETF Web Site

2012-09-12 Thread Joe Touch



On 9/12/2012 5:59 PM, Martin Rex wrote:

Barry Leiba wrote:

This raises the question of what expires means.


At the least, if IDs are published publicly forever, then expires is no
longer meaningful and the entirety of that notion needs to be expunged
from the ID process.


You seem to think it means something like expunged from the record, and no
longer available for viewing.

I think it means no longer current for the purposes of work and
discussion.


I fully agree to the latter.

Expunging I-Ds that are older than 6 months looks like a silly idea
to me.  Nothing in Note Well indicates that an IETF contribution
that is not published as RFC or regurgitated as a successor I-D
will be automatically un-contributed from the IETF.


Nothing in the Note Well, but there is specific text in the ID 
Guidelines (written by the IESG):


http://www.ietf.org/ietf-ftp/1id-guidelines.txt

8.  Expiring

   An Internet-Draft will expire exactly 185 days from the date that it
   is posted on the IETF Web site (http://www.ietf.org/id-info/)
   unless it is replaced by an updated version (in which case the clock
   will start all over again for the new version, and the old version
   will be removed from the I-D repository), or unless it is under
   official review by the IESG (i.e., a request to publish it as an RFC
   has been submitted)...

I.e., this is not a matter of interpretation.

If you want to change the rules, then it cannot apply to past IDs unless 
authors give explicit permission, because the IETF would be changing the 
terms of this statement.


Joe


Re: Draft IESG Statement on Removal of an Internet-Draft from the IETF Web Site

2012-09-12 Thread Barry Leiba
 I think it means no longer current for the purposes of work and
 discussion.

 Nothing in the Note Well, but there is specific text in the ID Guidelines
 (written by the IESG):

 http://www.ietf.org/ietf-ftp/1id-guidelines.txt

 8.  Expiring

An Internet-Draft will expire exactly 185 days from the date that it
is posted on the IETF Web site (http://www.ietf.org/id-info/)
unless it is replaced by an updated version (in which case the clock
will start all over again for the new version, and the old version
will be removed from the I-D repository), or unless it is under
official review by the IESG (i.e., a request to publish it as an RFC
has been submitted)...

 I.e., this is not a matter of interpretation.

'tis, apparently, because you are still interpreting it differently to how I am.

There's nothing in the quote above that says that the expired document
will not be available *in the archive*.  It says that it will be
removed *from the repository*, which it is... and the text you cite
later goes on to talk about the tombstone file that replaced it in the
repository, which we can easily see when we go to the datatracker
entry for an expired I-D.

And then the statement you cite further goes on to say this:

   An expired I-D may be unexpired when necessary to further the work of
   the IETF, including IETF liaison with other standards bodies.  Such
   action will be taken by request of an IESG member, a chair of the
   working group associated with the I-D, or one of the document
   authors.

That *clearly* implies that it's not *gone*, else how could it be
unexpired when necessary, by anyone's request?

I'll also note, Joe, that you are the *only* one arguing this point.
Does anyone agree with Joe?  If not, it seems fair to say that it
looks like you're well in the rough here.

Barry


Re: Draft IESG Statement on Removal of an Internet-Draft from the IETF Web Site

2012-09-12 Thread Joe Touch

Hi, Barry,

On 9/12/2012 8:13 PM, Barry Leiba wrote:

I think it means no longer current for the purposes of work and
discussion.


Nothing in the Note Well, but there is specific text in the ID Guidelines
(written by the IESG):

http://www.ietf.org/ietf-ftp/1id-guidelines.txt

8.  Expiring

An Internet-Draft will expire exactly 185 days from the date that it
is posted on the IETF Web site (http://www.ietf.org/id-info/)
unless it is replaced by an updated version (in which case the clock
will start all over again for the new version, and the old version
will be removed from the I-D repository), or unless it is under
official review by the IESG (i.e., a request to publish it as an RFC
has been submitted)...

I.e., this is not a matter of interpretation.


'tis, apparently, because you are still interpreting it differently to how I am.

There's nothing in the quote above that says that the expired document
will not be available *in the archive*.


There's nothing that says it won't be available by Santa Claus delivery 
either. However, the document states how things will be made available, 
and how that will change upon expiration.



And then the statement you cite further goes on to say this:

An expired I-D may be unexpired when necessary to further the work of
the IETF, including IETF liaison with other standards bodies.  Such
action will be taken by request of an IESG member, a chair of the
working group associated with the I-D, or one of the document
authors.

That *clearly* implies that it's not *gone*, else how could it be
unexpired when necessary, by anyone's request?


Nobody is debating whether the IETF can/should have an archive. The 
question is whether that archive should be public - which effectively 
negates the concept of taking the doc out of the I-D repository.


And I see you selectively omitted the rest of that paragraph:

   Such a request may be overridden; e.g., a chair of the
   working group associated with the I-D will be notified if an author
   requests unexpiration and may request that the action not occur.
   This request should be sent to internet-dra...@ietf.org (using the
   suggested subject line Resurrect I-D filename) and should come
   from an author, a working group chair, or an IESG member.

I recognize the IETF might change this policy, but I want to be clear 
that I don't consider this is ambiguous to date.


If the IETF wants to put all old IDs on a public site, I consider that 
equivalent to unexpiration, and the authors must be given the right to 
opt-out.


Joe


Re: Draft IESG Statement on Removal of an Internet-Draft from the IETF Web Site

2012-09-11 Thread John C Klensin


--On Monday, September 10, 2012 15:07 -0400 Andrew Sullivan
a...@anvilwalrusden.com wrote:

 On Mon, Sep 10, 2012 at 11:26:29AM -0700,
 ned+i...@mauve.mrochek.com wrote:
 
  No, the response is that we refer you to our policy.  As an
  open organization we do not remove information once posted,
  except under extraordinary circumstances.
 
 Exactly. This sort of thing is wh a policy is needed
 
 I attempted to hint at it already in this thread, but frankly,
 this sort of thing is why a policy _is not_ needed.  The IESG
 has that discretion already, and I would prefer to trust their
 judgement than to write a policy governing all future action,
 thereby running the risk that we'll have overlooked something
 and having a resulting problem with policies down the road.

Or, to be more specific, that we will encounter a situation that
no one quite anticipated, know perfectly well what the rational
and appropriate action is, and find that we can't take it
because we established policies that tied our hands.  

 I do not understand this nearly constitutional obsession with
 writing down policies for everything we do and don't do.  It
 turns us into a bureaucratic process slaves for no benefit I
 can see.

I've said this before, but one of the things that used to
distinguish the IETF from other standards bodies is that we
operated with good sense and leadership discretion as our
guides, spending as little time as possible on the specification
and adoption of rigid procedures.  We believed and behaved as if
IESG and IAB positions could be filled on a part-time basis,
needing people to dedicate a day or two a week from their
regular jobs, not require that they devote full-time to those
positions and do the rest of their jobs (if any) in their spare
time.   When someone showed up and said I don't really know
anything about the Internet and almost nothing about
engineering; I'm just a procedures guy and I wasn't to help, we
would help him understand that he was in the wrong place.

We might have responded to claims that more procedures make
things easier in cases like this by noting that handling the
actual number of take-down requests a year on a case-by-case
basis would take years to reach the break-even point with the
number of IESG hours that have presumably been spent following
this long (and predictable) thread, much less the costs to the
community of participating in it.   We might also have suggested
the possibility of the IESG delegating the work to some other
group or committee -- if there are ever so many requests that
the IESG would find the time it takes to evaluate them
burdensome, we might be happy with a small committee (volunteer,
IESG-designated, chosen at random, or a combination and ideally
including Counsel) and subject to appeal on the basis that what
can be taken down can be put up again).

Clearly the IETF has changed.  My colleagues at ANSI, INCITS,
and JTC1 would have claimed that it was inevitable with growth
(and maybe with age).  And maybe I'm just old and nostalgic.
But I suggest that, if we need rigid procedures like this, the
debates it takes to get to them, and to the full-time
standardizer leadership to which history should teach us that
they ultimately lead, we probably have the wrong organizational
and decision-making structures and need to look forward to
structural reforms that will make the post-Kobe ones of the
early 1990s look like a minor adjustment.  Or we can voluntarily
turn the trend around, one step at a time, starting with
rejecting this proposed statement in favor of discretion,
flexibility, and intelligence (and definitely not a statement/
policy of even more complexity) and maybe even including do we
really have resources for this among the criteria used to
evaluate the creation or continuation of WGs.
 
best,
john








Re: Draft IESG Statement on Removal of an Internet-Draft from the IETF Web Site

2012-09-11 Thread John Levine
  Or we can voluntarily
turn the trend around, one step at a time, starting with
rejecting this proposed statement in favor of discretion,
flexibility, and intelligence (and definitely not a statement/
policy of even more complexity) and maybe even including do we
really have resources for this among the criteria used to
evaluate the creation or continuation of WGs.

+1

If the IESG doesn't have the native intelligence to figure out how to
deal with a removal request based on the facts of the specific
request, we have a problem no set of rules can solve.  (Personally, I
don't think we have that problem.)

It might be useful to ask Jorge to prepare a note about dealing with
DMCA notices which are not court orders, but do require a response.
Or since the DMCA has been in effect for 14 years and we have yet to
get the first notice, we could save time and money drop the topic
unless and until the issue arises.  

There are a whole lot of hypothetical threats that the IETF might have
to deal with someday, or not.  Life is not long enough to make plans
for all of them.

R's,
John


Re: Draft IESG Statement on Removal of an Internet-Draft from the IETF Web Site

2012-09-11 Thread Carsten Bormann
On Sep 11, 2012, at 15:10, John C Klensin john-i...@jck.com wrote:

 rejecting this proposed statement in favor of discretion,

I'm not privy to the circumstances that caused the original proposal to come up.
Maybe the reason was that the IESG *wants* its hands bound so there is no 
further need to waste time on such decisions (e.g., because the policy 
discourages or can be used to discourage requests of this kind in the first 
place).

But this is all speculation without further background.
And I'm not that interested in the subject anyway.
(I *am* interested we don't use it as an excuse to break the I-D archive.)

Grüße, Carsten



Re: Draft IESG Statement on Removal of an Internet-Draft from the IETF Web Site

2012-09-10 Thread Eliot Lear

Hi John,

On 9/9/12 8:43 PM, John Levine wrote:
 Let's say I write to the IESG and say this:

   Due to a late night editing error, draft-foo-bar-42 which I
   submitted yesterday contains several paragraphs of company
   confidential information which you can easily see are irrelevant to
   the draft.  My boss wants it taken down pronto, even though he
   realizes that third parties may have made copies of it in the
   meantime.  I will probably lose my job if it stays up for more than a
   few days.  Thanks for your consideration.

 Is this the response?

   You didn't make any legal threats, and now that we know the
   situation, we wouldn't believe any legal threats you might make in the
   future, so you better check out those burger flipping opportunities.

No, the response is that we refer you to our policy.  As an open
organization we do not remove information once posted, except under
extraordinary circumstances.


 What was wrong with the original version which gave the IESG the
 latitude to remove an I-D if they feel, for whatever reason, that it
 would be a good idea to do so?  

What original?  The draft policy states:

 An I-D will only be removed from the public I-D archive in compliance
 with a duly authorized court order.


 If the IESG were so screwed up that
 they started deleting I-Ds for bad reasons, no amount of process
 verbiage would help.

Certainly, but let's not start from the wrong place to begin with. 
Let's also set expectations that the IESG may be used to clean up after
other peoples' messes.  They have enough to do.

And again, this is best developed with counsel.

Regards,

Eliot


Re: Draft IESG Statement on Removal of an Internet-Draft from the IETF Web Site

2012-09-10 Thread David Borman

On Sep 8, 2012, at 8:36 PM, Joe Touch to...@isi.edu wrote:

 
 
 On 9/8/2012 11:59 AM, Melinda Shore wrote:
 On 9/8/12 10:51 AM, Joe Touch wrote:
 Nothing about an ID is inherently obsolete or out of date after 6 months
 except its being publicly available on authorized sites (up until now).
 
 I think this is absolutely incorrect.  Internet Drafts are IETF
 documents, and expiration changes the relationship between the draft
 and the IETF.  I have to say that I think it's terribly unprofessional
 not to hang onto archival material
 
 Draft != archival
 
 Or do you keep copies of all versions of papers you publish, including the 
 ones submitted for review? In case lawyers might need it, or for the benefit 
 of the public?
 
 and frankly it's in the interest
 of the IETF as an *open* standards organization to keep archival
 material accessible.
 
 Agreed.
 
 When you're working on a problem that's been around forever and
 still hasn't been solved (like, oh, I dunno - firewall/NAT traversal?),
 easy access to expired drafts is an enormous help.
 
 The needs of the community - including the lawyers - do not outweigh the 
 rights of the author or the agreement they make with the IETF to date.
 
 The original point of having drafts expire seems to have been forgotten here. 
 That's a pity. It did have a reason, and it was useful.

The original reason for expiring drafts, along with giving them long,
complicated names that includes the word draft, was to keep them
from being referenced as if they were standards, based on experience
gathered from the short lived IDEA document series.  I don't think
that having an archive of expired drafts weakens that original goal.

-David Borman

 
 Would you be more comfortable if there were some sort of visual
 flag that a draft had expired?
 
 If you post it, it's not expired. There's no point in claiming otherwise.
 
 Joe

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Re: Draft IESG Statement on Removal of an Internet-Draft from the IETF Web Site

2012-09-10 Thread ned+ietf
 On 9/9/12 8:43 PM, John Levine wrote:
  Let's say I write to the IESG and say this:
 
Due to a late night editing error, draft-foo-bar-42 which I
submitted yesterday contains several paragraphs of company
confidential information which you can easily see are irrelevant to
the draft.  My boss wants it taken down pronto, even though he
realizes that third parties may have made copies of it in the
meantime.  I will probably lose my job if it stays up for more than a
few days.  Thanks for your consideration.
 
  Is this the response?
 
You didn't make any legal threats, and now that we know the
situation, we wouldn't believe any legal threats you might make in the
future, so you better check out those burger flipping opportunities.

 No, the response is that we refer you to our policy.  As an open
 organization we do not remove information once posted, except under
 extraordinary circumstances.

Exactly. This sort of thing is wh a policy is needed, although I note in
passing that the folks at this hypothetical might want to read up on the
Streisand Effect.

 
  What was wrong with the original version which gave the IESG the
  latitude to remove an I-D if they feel, for whatever reason, that it
  would be a good idea to do so?

 What original?  The draft policy states:

  An I-D will only be removed from the public I-D archive in compliance
  with a duly authorized court order.


  If the IESG were so screwed up that
  they started deleting I-Ds for bad reasons, no amount of process
  verbiage would help.

 Certainly, but let's not start from the wrong place to begin with.
 Let's also set expectations that the IESG may be used to clean up after
 other peoples' messes.  They have enough to do.

That is if anything an understatement. 

 And again, this is best developed with counsel.

A very emphatic +1 to this.

Ned


Re: Draft IESG Statement on Removal of an Internet-Draft from the IETF Web Site

2012-09-10 Thread John R Levine

Let's say I write to the IESG and say this:

  Due to a late night editing error, draft-foo-bar-42 which I
  submitted yesterday contains several paragraphs of company
  confidential information which you can easily see are irrelevant to
  the draft.  My boss wants it taken down pronto, even though he
  realizes that third parties may have made copies of it in the
  meantime.  I will probably lose my job if it stays up for more than a
  few days.  Thanks for your consideration.



Exactly. This sort of thing is wh a policy is needed, although I note in
passing that the folks at this hypothetical might want to read up on the
Streisand Effect.


Note that I phrased it as a polite request, not a threat.


And again, this is best developed with counsel.

A very emphatic +1 to this.


Sure, but keep in mind that it's one thing to minimize legal risk, 
is not the same as minimizing cost or complexity, or doing what's best for 
the IETF and the community.


Regards,
John Levine, jo...@iecc.com, Primary Perpetrator of The Internet for Dummies,
Please consider the environment before reading this e-mail. http://jl.ly


Re: Draft IESG Statement on Removal of an Internet-Draft from the IETF Web Site

2012-09-10 Thread Andrew Sullivan
On Mon, Sep 10, 2012 at 11:26:29AM -0700, ned+i...@mauve.mrochek.com wrote:

  No, the response is that we refer you to our policy.  As an open
  organization we do not remove information once posted, except under
  extraordinary circumstances.
 
 Exactly. This sort of thing is wh a policy is needed

I attempted to hint at it already in this thread, but frankly, this
sort of thing is why a policy _is not_ needed.  The IESG has that
discretion already, and I would prefer to trust their judgement than
to write a policy governing all future action, thereby running the
risk that we'll have overlooked something and having a resulting
problem with policies down the road.

I do not understand this nearly constitutional obsession with writing
down policies for everything we do and don't do.  It turns us into a
bureaucratic process slaves for no benefit I can see.

Best,

A

-- 
Andrew Sullivan
a...@anvilwalrusden.com


Re: Draft IESG Statement on Removal of an Internet-Draft from the IETF Web Site

2012-09-10 Thread ned+ietf

 Let's say I write to the IESG and say this:

   Due to a late night editing error, draft-foo-bar-42 which I
   submitted yesterday contains several paragraphs of company
   confidential information which you can easily see are irrelevant to
   the draft.  My boss wants it taken down pronto, even though he
   realizes that third parties may have made copies of it in the
   meantime.  I will probably lose my job if it stays up for more than a
   few days.  Thanks for your consideration.



 Exactly. This sort of thing is wh a policy is needed, although I note in
 passing that the folks at this hypothetical might want to read up on the
 Streisand Effect.



Note that I phrased it as a polite request, not a threat.


I don't see that as especially relevant: There have been plenty of cases where
a polite request called attention to something that would otherwise have been
ignored, although of course the ones that get reported at
http://www.thestreisandeffect.com/ tend to be the ones where bad behavior
was involved.


 And again, this is best developed with counsel.
 A very emphatic +1 to this.



Sure, but keep in mind that it's one thing to minimize legal risk,
is not the same as minimizing cost or complexity, or doing what's best for
the IETF and the community.


The narrow goal of minimizing the immediate legal risk is hardly the only, or
even an especially good, reason to seek advice of counsel. Counsel is there to
assist you in understanding the legal implications of your possible choices and
then in implementing the choice you make. They are not there to make your
decisions for you.

Ned


Re: Draft IESG Statement on Removal of an Internet-Draft from the IETF Web Site

2012-09-10 Thread Joe Touch



On 9/10/2012 8:24 AM, David Borman wrote:
...

The original reason for expiring drafts, along with giving them long,
complicated names that includes the word draft, was to keep them
from being referenced as if they were standards, based on experience
gathered from the short lived IDEA document series.


It was also to encourage authors to post half-baked* ideas without 
having them persist - either as standards, or in general as something 
the author needed to continue to defend.


 I don't think

that having an archive of expired drafts weakens that original goal.


It weakens both goals. A key complaint has been that the doc disappears 
from an IETF site. Neither the length nor the name has been an impediment


Joe




Re: Draft IESG Statement on Removal of an Internet-Draft from the IETF Web Site

2012-09-09 Thread Robert Raszuk



Note - I don't agree that past IDs should be posted after expiration
without the author's consent. They were submitted with that
understanding, and post-facto changing it by the IETF is not appropriate.


I would rephrase the above as whether it is appropriate to take
someone's work and post it as your own or use the work.  For the former,
I don't think it is appropriate.  For the latter, the author has given
the IETF change control over the work.  I'll ignore the exceptions.
That does not mean that the author should not be credited for the work.
If I am not mistaken it is IETF practice to do so.


Actually regarding reusing the former drafts we have been discussing 
this in 2008 at depth when one draft reused most of the text of another 
draft.


The end result was that technically and legally it is appropriate. 
Reference section 3.3 of BCP78 / RFC5378.


However while the above documents do not mandate it I very much agree 
that it is in good taste to first ping the original authors about your 
intentions to extend and build on top of their idea.


R.




Re: Draft IESG Statement on Removal of an Internet-Draft from the IETF Web Site

2012-09-09 Thread John Levine
NEW:

 An I-D MAY be removed from the public I-D archive in compliance
 with a competent legal demand.  If possible, a removed I-D will be
 replaced with a tombstone file that describes the reason that the I-D
 was removed from the public I-D archive.

This leaves sufficient flexibility for the IESG to decide when a legal
demand requires the removal and when it's bogus, but otherwise leaves
the bar high.  I would suggest that Jorge review the above text for
appropriateness.

Let's say I write to the IESG and say this:

  Due to a late night editing error, draft-foo-bar-42 which I
  submitted yesterday contains several paragraphs of company
  confidential information which you can easily see are irrelevant to
  the draft.  My boss wants it taken down pronto, even though he
  realizes that third parties may have made copies of it in the
  meantime.  I will probably lose my job if it stays up for more than a
  few days.  Thanks for your consideration.

Is this the response?

  You didn't make any legal threats, and now that we know the
  situation, we wouldn't believe any legal threats you might make in the
  future, so you better check out those burger flipping opportunities.

What was wrong with the original version which gave the IESG the
latitude to remove an I-D if they feel, for whatever reason, that it
would be a good idea to do so?  If the IESG were so screwed up that
they started deleting I-Ds for bad reasons, no amount of process
verbiage would help.

R's,
John


Re: Draft IESG Statement on Removal of an Internet-Draft from the IETF Web Site

2012-09-08 Thread Brian E Carpenter
Joe,

On 08/09/2012 04:58, Joe Touch wrote:
 
 On Sep 7, 2012, at 7:36 PM, Barry Leiba barryle...@computer.org wrote:

...
 And I think those are very different things.  The fact that expired drafts 
 used to not be available for public viewing on the IETF site does not, by 
 itself, mean that that was or is the intent of expiration.
 
 That is exact what it meant. Or are you claiming that it was a coincidence 
 that this entire time that derafts were removed in sync with that expiry?

It may be what some people thought it meant, or wished it meant.

And yes, it was intentional that you wouldn't find them in the *active*
drafts directory after expiry.

The factual reality is that I-D's have always been more or less perpetual,
given that anonymous FTP has existed longer than any I-D. Admittedly the
record is spotty for drafts earlier that about 1995, when HTTP became a
major factor (but I suspect you could find them with gopher etc before HTTP).
The difference today is that we are sort-of admitting officially that
obsolete drafts can be found, and that this is useful.

The word expired is perhaps not ideal; obsolete or out of date would
perhaps be more precise, but it's probably too late to change it now.

   Brian


Re: Draft IESG Statement on Removal of an Internet-Draft from the IETF Web Site

2012-09-08 Thread Eric Burger
Keeping I-D's around forever is incredibly important form a historical, 
technical, and legal perspective. They people understand how we work, think, 
and develop protocols (history). They help people what was tried and did or did 
not succeed (technology). And they provide a record of the state of the art at 
a particular point in time (legal).

--
Sent from a mobile device. Sorry for typos or weird auto-correct. Thank IETF 
LEMONADE for mobile email! See http://www.standardstrack.com/ietf/lemonade/

On Sep 8, 2012, at 4:14 AM, Brian E Carpenter brian.e.carpen...@gmail.com 
wrote:

 Joe,
 
 On 08/09/2012 04:58, Joe Touch wrote:
 
 On Sep 7, 2012, at 7:36 PM, Barry Leiba barryle...@computer.org wrote:
 
 ...
 And I think those are very different things.  The fact that expired drafts 
 used to not be available for public viewing on the IETF site does not, by 
 itself, mean that that was or is the intent of expiration.
 
 That is exact what it meant. Or are you claiming that it was a coincidence 
 that this entire time that derafts were removed in sync with that expiry?
 
 It may be what some people thought it meant, or wished it meant.
 
 And yes, it was intentional that you wouldn't find them in the *active*
 drafts directory after expiry.
 
 The factual reality is that I-D's have always been more or less perpetual,
 given that anonymous FTP has existed longer than any I-D. Admittedly the
 record is spotty for drafts earlier that about 1995, when HTTP became a
 major factor (but I suspect you could find them with gopher etc before HTTP).
 The difference today is that we are sort-of admitting officially that
 obsolete drafts can be found, and that this is useful.
 
 The word expired is perhaps not ideal; obsolete or out of date would
 perhaps be more precise, but it's probably too late to change it now.
 
   Brian


Re: Draft IESG Statement on Removal of an Internet-Draft from the IETF Web Site

2012-09-08 Thread Carsten Bormann
On Sep 8, 2012, at 13:02, Eric Burger eburge...@standardstrack.com wrote:

 Keeping I-D's around forever is incredibly important form a historical, 
 technical, and legal perspective. They people understand how we work, think, 
 and develop protocols (history). They help people what was tried and did or 
 did not succeed (technology). And they provide a record of the state of the 
 art at a particular point in time (legal).

+1.  I have used rfcdiff with drafts from the 90s, and that was very useful.

I wonder why some people think expired means purged from the face of the 
earth.  Let's see:
 expire |ɪkˈspaɪ(ə)r|
 verb
 1 [ no obj. ] (of a document, authorization, or agreement) cease to be valid, 
typically after a fixed period of time: the old contract had expired.

See, I have this expired passport in front of me, and it is every bit as 
accessible to me as it was when it still was valid.  
I can pull it out of the drawer as much as I want, show it to my friends, etc.
It is just expired.
And there is no confusion whatsoever about that fact: It actually says so on 
page 3.

Now about removing I-Ds from public view: This has no bearing whatsoever on how 
we express expiration.  
Drafts may need to be removed from view when they aren't expired yet.  So there 
is no need to discuss expiration under this headline.

Back to the actual subject:
I believe the policy should be, exactly in these words:

Internet-Drafts will be removed from the archives only when this is really, 
really, necessary.
The determination whether this is really, really, necessary lies with the IESG.
The usual appeals process applies.

Grüße, Carsten



Re: Draft IESG Statement on Removal of an Internet-Draft from the IETF Web Site

2012-09-08 Thread Melinda Shore

On 9/7/12 7:58 PM, Joe Touch wrote:

What can that mean if it remains available to the public?  What
purpose does such an automatic timeout have if it is left up? IMO,
none.


It seems to me that the timeout takes the draft out of consideration.
If someone wants to have a discussion about it, it needs to be revised.

I've looked at old drafts for background material for current work.
They're useful.

Melinda


Re: Draft IESG Statement on Removal of an Internet-Draft from the IETF Web Site

2012-09-08 Thread Joe Touch



On 9/8/2012 1:14 AM, Brian E Carpenter wrote:
...

The factual reality is that I-D's have always been more or less perpetual,
given that anonymous FTP has existed longer than any I-D.


It has always been the case that some sites have violated the copyright 
and explicit instructions of IDs.



The difference today is that we are sort-of admitting officially that
obsolete drafts can be found, and that this is useful.


Admitting that there is piracy is not the same as the IETF posting them 
publicly on their site.



The word expired is perhaps not ideal; obsolete or out of date would
perhaps be more precise, but it's probably too late to change it now.


Nothing about an ID is inherently obsolete or out of date after 6 months 
except its being publicly available on authorized sites (up until now).


If we remove that rule, then the notion of expiration is outdated.

If it's not too late to change the they are removed from the IESG site 
rule, it's absolutely not too late to remove the Expires: indication 
on all IDs published as we go forward.


Note - I don't agree that past IDs should be posted after expiration 
without the author's consent. They were submitted with that 
understanding, and post-facto changing it by the IETF is not appropriate.


Joe


Re: Draft IESG Statement on Removal of an Internet-Draft from the IETF Web Site

2012-09-08 Thread Joe Touch



On 9/8/2012 8:19 AM, Melinda Shore wrote:

On 9/7/12 7:58 PM, Joe Touch wrote:

What can that mean if it remains available to the public?  What
purpose does such an automatic timeout have if it is left up? IMO,
none.


It seems to me that the timeout takes the draft out of consideration.


A new draft supercedes that timeout.

And if they're useful, then you're admitting that continued discussion 
can occur after 6 months.


At which point there is no meaning to expiration. Any note regarding how 
long the discussion of a draft should occur would be on the mailing list 
anyway, and thus no longer would belong on the document.


---

I'm baffled by the notion that posting IDs forever is OK, but that 
simply removing the Expires statement is so controversial.


Joe


Re: Draft IESG Statement on Removal of an Internet-Draft from the IETF Web Site

2012-09-08 Thread Melinda Shore

On 9/8/12 10:51 AM, Joe Touch wrote:

Nothing about an ID is inherently obsolete or out of date after 6 months
except its being publicly available on authorized sites (up until now).


I think this is absolutely incorrect.  Internet Drafts are IETF
documents, and expiration changes the relationship between the draft
and the IETF.  I have to say that I think it's terribly unprofessional
not to hang onto archival material and frankly it's in the interest
of the IETF as an *open* standards organization to keep archival
material accessible.

When you're working on a problem that's been around forever and
still hasn't been solved (like, oh, I dunno - firewall/NAT traversal?),
easy access to expired drafts is an enormous help.

Would you be more comfortable if there were some sort of visual
flag that a draft had expired?

Melinda



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