A former IETF chair writes:
> 'Adopt a draft' is not a formal step in the IETF standards process; it
> isn't defined in either BCP 9 or BCP 25.

It's what BCP 78 refers to as "accept a Contribution as a working group
document".

> it's hard to formally appeal against a non-existent step in the process

BCP 9 requires management to attempt to resolve disputes raised for any
"Working Group recommendation". That covers _all_ recommendations, not
just the ones mandated by BCPs such as BCP 9 or BCP 25.

BCP 94---which updates RFC 2418, which is part of BCP 25---says that
_all_ WG-chair decisions are "subject to appeal". A WG chair deciding
that a WG has consensus to adopt is certainly a WG-chair decision.

Furthermore, as part of claiming that IETF complies with antitrust law,
https://web.archive.org/web/20250528213926/https://www.ietf.org/blog/ietf-llc-statement-competition-law-issues/
claims that IETF procedures have "robust appeal options" and that
"Decision-making requires achieving broad consensus via these public
processes." Again this isn't limited to specific types of decisions.

The same document also claims that IETF procedural rules are "rigorously
followed". Evidently this is not true: we see IETF management making up
one excuse after another to do whatever it wants.

Antitrust law requires "consensus" and an "appeals process" for SDOs:
https://www.govinfo.gov/content/pkg/USCODE-2024-title15/html/USCODE-2024-title15-chap69-sec4301.htm

Beyond the questions of policies and legality, think about how it
_sounds_ for IETF management to say things like "We're declaring that
this decision to adopt has consensus never mind all the people objecting
and ha ha no you aren't allowed to appeal this until some later stage
after IETF has invested more effort into this document".

---D. J. Bernstein

P.S. For readers bumping into this message who haven't seen the context:
Please see https://blog.cr.yp.to/20251004-weakened.html to understand
what's actually going on here.


===== NOTICES REGARDING IETF =====

It has come to my attention that IETF LLC believes that anyone filing a
comment, objection, or appeal is engaging in a copyright giveaway by
default, for example allowing IETF LLC to feed that material into AI
systems for manipulation. Specifically, IETF LLC views any such material
as a "Contribution", and believes that WG chairs, IESG, and other IETF
LLC agents are free to modify the material "unless explicitly disallowed
in the notices contained in a Contribution (in the form specified by the
Legend Instructions)". I am hereby explicitly disallowing such
modifications. Regarding "form", my understanding is that "Legend
Instructions" currently refers to the portion of

    
https://web.archive.org/web/20250306221446/https://trustee.ietf.org/wp-content/uploads/Corrected-TLP-5.0-legal-provsions.pdf

saying that the situation that "the Contributor does not wish to allow
modifications nor to allow publication as an RFC" must be expressed in
the following form: "This document may not be modified, and derivative
works of it may not be created, and it may not be published except as an
Internet-Draft". That expression hereby applies to this message.

I'm fine with redistribution of copies of this message. There are no
confidentiality restrictions on this message. The issue here is with
modifications, not with dissemination.

For other people concerned about what IETF LLC is doing: Feel free to
copy these notices into your own messages. If you're preparing text for
an IETF standard, it's legitimate for IETF LLC to insist on being
allowed to modify the text; but if you're just filing comments then
there's no reason for this.

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