> On 28 Jun 2026, at 14:01, D. J. Bernstein <[email protected] 
> <mailto:[email protected]>> wrote:
> 
>> no In-Reply-To header (which is slightly annoying to produce when one
>> was not a participant in the list previously).
> 
> Did you complain about the lack of an In-Reply-To header field in
> multiple messages that have already shown up _supporting_ the document,
> such as the message from NSA's Mike Jenkins?
> […]
> But there's also a much more basic point here about fairness. How can it
> be okay for new TLS participants to support the spec, and not okay for
> new TLS participants to oppose the spec?

I assume you mean my email, given that (from a quick skim, admittedly) I’m the 
only other new TLS participant in support. And I agree with Filippo: frankly, 
my opinion should probably be less weighted on this matter! I certainly believe 
myself to have sufficient context to comment on this, or I would not, as I have 
not in the past. But of course there is no reason for you to believe that. My 
only direct contribution to the IETF is 
draft-sfluhrer-cfrg-ml-kem-security-considerations with the CFRG (and I would 
absolutely appreciate and welcome further contributions to that document from 
anyone here, by the way!). But, I have avoided participating in the mailing 
list, for reasons I suspect many here would be familiar with, and it seems 
eminently reasonable for that to be taken into consideration when I voice my 
support for the draft.

Cheers,
Kevin

> On 28 Jun 2026, at 14:01, D. J. Bernstein <[email protected]> wrote:
> 
> Filippo Valsorda writes:
>> I want the WG and the chairs to be aware that Bernstein is now
>> coordinating a campaign to get dissenting opinions emailed to the
>> list.
> 
> Your quote ("You can have your voice heard too" etc.) omits important
> context from <https://nsa.2026.action.cr.yp.to>, namely the paragraph
> immediately before the quote. Here's that paragraph:
> 
>>> NSA lost the most recent mlkem vote in the IETF TLS working group.
>>> However, they've now called another vote and are trying to pack the
>>> room. For example, a positive vote has now appeared from NSA's Mike
>>> Jenkins, who has _never_ shown up on the working-group mailing list
>>> before. This is _allowed_ under IETF rules, which say that "There is
>>> no membership in the IETF" and that "Anyone can participate by
>>> signing up to a working group mailing list".
> 
> When NSA's Mike Jenkins showed up on the TLS list to post the three
> words "I support publication" without having ever posted anything to the
> list before, did you complain about that? Did you complain about the
> people from NSA asking him, even paying him, to do this?
> 
> We seem to agree that IETF rules allow such actions. Why exactly are you
> (1) complaining about such actions in the first place, (2) targeting
> those complaints solely at _opponents_ of the document, and (3) omitting
> the explicit context of _proponents_ already taking such actions?
> 
>> no In-Reply-To header (which is slightly annoying to produce when one
>> was not a participant in the list previously).
> 
> Did you complain about the lack of an In-Reply-To header field in
> multiple messages that have already shown up _supporting_ the document,
> such as the message from NSA's Mike Jenkins?
> 
>> the interpretation that consensus is a voting process is incorrect and
>> in bad faith
> 
> Did you ask the chairs to withdraw their claim that, for solo ML-DSA,
> "There is consensus to move this document forward - a ratio of 4:1"?
> That claim is using the purported ratio of supporters and opponents as
> its sole basis for claiming consensus.
> 
> (I'm saying "purported" because, in fact, the situation at the end of
> WGLC for that document was 14 people having stated opposition on list,
> 37 people having stated support on list. This is a ratio of 2.64, not
> the "4:1" fiction from the chairs. But that's a separate issue.)
> 
>> the degree to which individuals have participated in the WG in the
>> past should be part of how their opinion is weighted into calling the
>> consensus of the WG.
> 
> Did you use this rationale to ask the chairs to discount the message
> from NSA's Mike Jenkins supporting the document, the only message that
> he has ever sent to the TLS mailing list?
> 
> How about the messages from NSA's Nicholas Gajcowski supporting the two
> solo PQ documents? Those are the only two messages that he ever sent to
> the TLS mailing list. (To be clear, this is according to not just IETF's
> limited archives of the list but also to my own list archives going back
> to when I joined last century.)
> 
> As a reminder: "IETF procedural rules, which include robust appeal
> options, are well-documented in public materials, and rigorously
> followed." If you'd like to have some people count as, let's say, only
> 3/5 of other people, then you'll have to find where this is documented
> in IETF's procedural rules, and you'll have to rigorously follow it.
> 
> What IETF actually says is that it's not a "pay-to-play organization",
> that "51% of the working group does not qualify as 'rough consensus' ",
> that WG-issued RFCs have "consensus of the IETF community", etc. There
> are also legal requirements for standards-development organizations to
> address all "objections by interested parties", among other rules. So
> there are a bunch of obstacles to any attempts to disenfranchise people.
> 
> But there's also a much more basic point here about fairness. How can it
> be okay for new TLS participants to support the spec, and not okay for
> new TLS participants to oppose the spec? How can it be okay for NSA to
> overtly wave around huge amounts of money for its "vendors" to push the
> controversial idea of weakening ECC+PQ to solo PQ, and not okay when the
> opposition posts a message asking for volunteers to speak up in favor of
> the public interest?
> 
> ---D. J. Bernstein
> 
> 
> ===== NOTICES =====
> 
> IETF BCP 78, "Rights Contributors Provide to the IETF Trust", Section 5
> (normative), "Rights in Contributions", provides a modification right
> "unless explicitly disallowed in the notices contained in a Contribution
> (in the form specified by the Legend Instructions)".
> 
> The official language from IETF's "Legend Instructions" for the
> situation that "the Contributor does not wish to allow modifications nor
> to allow publication as an RFC" is as follows: "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."
> <https://trustee.ietf.org/wp-content/uploads/Corrected-TLP-5.0-legal-provsions.pdf>
> 
> The same language is used in, e.g., RFC 5831. The same language hereby
> applies to this document. This is not disclaiming or limiting the
> applicability of IETF policies; it is strictly following IETF policies.
> 
> IESG claims that the "explicitly disallowed" provision in BCP 78 is
> limited to the examples in Section 3 in BCP 78. That is incorrect. BCP
> 78 states that Section 5, "Rights in Contributions", is normative, while
> Section 3, "Exposition of Why These Procedures Are the Way They Are", is
> informative. The opt-out provision in the normative text is clear, and
> cannot be limited by an informative section. BCP 78 does not give IESG
> any authority to issue changes or purported clarifications of the rules.
> 
> Rationale for exercising the BCP 78 opt-out provision: I'm fine with
> redistribution of copies of this document. The issue is instead with
> modification, such as (1) IESG's May 2025 posting of an IESG-mangled
> version of an appeal that I had filed and (2) IETF management selling
> IETF mailing-list text to AI companies. This goes far beyond what
> copyright law allows as fair use (such as giving quotes for purposes of
> commentary). When I complained about the mangled document, the IETF
> Executive Director responded not by apologizing but instead by asserting
> that IETF management had the power to do whatever it wanted.
> 

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