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RE: Tod Glassey Appeal



Thanks Harald, so I will switch this discussion to the
iesg-only mailing list.

Thanks,
Bert 

> -----Original Message-----
> From: Harald Tveit Alvestrand [mailto:harald@alvestrand.no]
> Sent: vrijdag 15 augustus 2003 15:45
> To: Wijnen, Bert (Bert); Iesg (E-mail)
> Subject: Re: Tod Glassey Appeal
> 
> 
> The appeals procedure we use isn't really all that clearly 
> defined. And the 
> issue of recusals does not have a tradition on it.
> 
> Here's what I wrote in draft-iesg-process, in what feels a 
> long time ago:
> 
> 7. IESG appeals procedure
> 
>    The formal appeals procedure is described in RFC 2026 section 6.5.
> 
>    An appeal to the IESG is initiated by email to the IETF 
> Chair, copied
>    to the IESG secretary.  If the appeal is not clear about whether or
>    not it is an appeal, what is being appealed, or what the proposed
>    remedies are, there may be a dialogue between the chair and the
>    appealing person(s) to clarify the appeal.
> 
>    The IESG will then ask the responsible AD to give her 
> opinion of the
>    matter, as evidenced by the previous required step of 
> discussing the
>    matter with the responsible AD.
> 
>    The IESG will then discuss the matter in a telechat without the IAB
>    liaison or the IAB chair being present (in order to keep the
>    separation from the responsible body for a possible 
> appeal), and will
>    usually assign to some AD (not the responsible AD) the task of
>    writing a draft response.
> 
>    When the proposed response text is ready, the IESG will 
> discuss it by
>    email (using a special mailing list that contains only the IESG
>    members), and in a new telechat where the IAB has been asked to
>    leave.  When the IESG agrees upon the text, it is sent to the
>    appealant and to the ietf-announce list, as well as being 
> archived on
>    the IESG's public web pages.
> 
> I think having the implicated IESG members recuse themselves from the 
> decision-making discussion makes sense, but not in the fact-finding 
> discussion - and in the past, we have done neither.
> 
>                             Harald
> 
> --On 15. august 2003 11:08 +0200 "Wijnen, Bert (Bert)" 
> <bwijnen@lucent.com> 
> wrote:
> 
> > Harald has asked me to take the lead on dealing with this
> > one. I think the first thing to do is to publish it on
> > the http://www.ietf.org/IESG/Appeals.html web page.
> >
> > I think that posting the complete email (as per below) there
> > is the thing to do. Anyone sees any issues with that?
> >
> > Second step then probably is that I write Todd that I will
> > be "shepherding" his appeal in/through the IESG and inform
> > him that I will respond when we are done.
> >
> > I am threading carefully here, cause this is my first time
> > to handle an appeal to IESG... and cause this guy is already
> > threatening to involve lawyers.
> >
> > Funny that he informas us that Jorge is one of his attorneys.
> > Would Jorge not be in a "conflict of interest" situation here?
> >
> > Thanks,
> > Bert
> >
> > -----Original Message-----
> > From: todd glassey [mailto:todd.glassey@worldnet.att.net]
> > Sent: woensdag 6 augustus 2003 4:14
> > To: iesg@ietf.org; chair@ietf.org; problem-statement@alvestrand.no
> > Cc: degarmo5@earthlink.net; Contreras, Jorge
> > Subject: Official notice of appeal on suspension rights.
> >
> >
> > Be advised that this is an official submission of an appeal on the
> > suspension of my posting rights as per Harald Alverstrand, 
> Chair of the
> > IETF. I want to get this matter expedited so we can either 
> reconcile this
> > or take it into an open court.
> >
> > Harald's commentary regarding my posting is ridiculous.
> >
> >
> >     With regard to my posting 20% of the list's traffic, 
> the 2418 clause
> > that calls this a Denial of Service Attack is in fact a 
> smoke screen to
> > allow the IETF to set limits on how many postings any one 
> person can make,
> > but only in arbitrary matters, clearly causing a tortuous 
> interference
> > with my participation since issues are being resolved that I cannot
> > participate in.  And unless the IESG or the IETF is going 
> to formally
> > place a specific limit on the number of responses that one 
> can submit to
> > postings, then this matter is clearly an act of prejudicial 
> harassment of
> > the IETF Chair and the WG Chairs to suppress that the IPR group is
> > essentially not in my opinion fixing problems but rather making the
> > process and the disclosure issues more painful.
> >
> >
> > Further, the Chair commented that I had "Threatened legal 
> action" against
> > several list members, and I would like to see specific 
> evidence to this
> > "fact" as it was used, since I clearly deny that this is 
> true. Please
> > produce the specific commentary and explain how it was 
> threatening. What I
> > have asked several officers of the IETF and the IESG is 
> whether there is
> > financial coverage for them in operating the organization 
> as any good
> > entity would have. They have refused to answer this in any 
> way. I have
> > also voiced an opinion that the IETF's policies are 
> bringing it head-on
> > into areas where legal action will not be avoidable but I 
> have not said
> > specifically that I would sue anyone. I don't make silly 
> threats, I act
> > upon the causative actions in appropriate manners only.
> >
> > Finally the commentary that "I have been warned" repeatedly 
> by the WG
> > Chairs to not post off topic mailings is ridiculous and 
> contrary to the
> > IETF's charter and operating process, and it must formally 
> take notice of
> > this or face the problems that this refusal to accept the 
> obvious brings.
> > By their very nature, the IETF WG' Lists MUST accept all 
> postings or it
> > is impossible to disclose new ideas on the list, making the 
> process of
> > submitting an I-D ***the only way that new ideas can be 
> submitted*** or
> > can be vetted and for WG Chairs to suppress is contrary to 
> the IETF's
> > operational models (no matter how hokey they are) as 
> defined in RFC2026,
> > RFC2223, and RFC2418.
> >
> > Please be advised, that I will continue to escalate this 
> matter until
> > resolution is forthcoming, and yes Jorge, the other person 
> on the cc line
> > is one of my attorneys.
> >
> > Todd Glassey
> >
> >
> >
> >
> 
> 
> 
>