RE: iasa-bcp-01 - Open Issues - Separate bank accounts

2004-12-10 Thread John C Klensin


--On Wednesday, 08 December, 2004 14:21 +0100 Harald Tveit
Alvestrand [EMAIL PROTECTED] wrote:

 --On 8. desember 2004 14:00 +0100 Wijnen, Bert (Bert)
 [EMAIL PROTECTED] wrote:
 
 How about
 
Once funds or in-kind donations have been credited to the
IETF accounts, they shall be irrevocably allocated to the
 support of the IETF.
 
 That one seems sensible to me. And is completely consistent
 with the more specific treatment in section 5, I think.

Folks, this discussion (and the whole thread) suggests a very
important general point to me.  Since I've tried to make it
before and want to avoid being inflammatory, I won't repeat it
here.

At a more specific level, the suggested text, both above and in
iasa-bcp-02, omit one case that should be covered, especially if
we are get even close to words like irrevocably.   

However slight we might consider the possibility, the IETF might
actually, some day, reach the point of sufficient irrelevancy
that no one cared any more and that no one but the most
dedicated of Go-ers bothered to come to meetings, volunteer to
serve on the Nomcom, agree to serve on the IAB or IESG if
selected, and so on.  If we achieved that position, I'd hope the
IETF could fade quietly into the night, rather than, e.g.,
having to maintain an IASC structure forever in order to manage
whatever residual funds existed.

So, IMO, the further we go in the direction of irrevocably
committing funds to the IETF, the more we need to make
explicit provisions for IETF failure as well as for ISOC failure
or some other separation event.  The usual mechanisms are to
designate some appropriate charity.   Personally, I wouldn't
have a problem with that charity _being_ ISOC, but other
arrangements and selection mechanisms are possible -- they just
require more words and processes.  In any event, the document
doesn't appear to do that job yet.

john


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Re: iasa-bcp-01 - Open Issues - Separate bank accounts

2004-12-08 Thread Brian E Carpenter
Wijnen, Bert (Bert) wrote:
I don't think irrevocably assigned to the IETF works 
well for money.

I actually also have kept that sentence in the principles, 
namely at principle 5. It does not read so bad.
This is what it sais in my working copy:

my co-editor Rob did not think the reading was really good either,
so when we checked again, we took the sentence out.
SO in revision 02 that we posted later last night (early this morning)
it is gone. If you want it back, pls re-raise/open the issue.
I do want it back. Of course the exact words don't matter, but I
think that Principle 5 in Section 2.2 needs to be explicit that
the funds belong to the IETF whatever happens. For example:
  All such funds and donations shall belong irrevocably
  to the IETF.
I can't personally see a better word than irrevocably, but it
is really a lawyer/accountant question how to phrase it.
   Brian
Bert
   t
   There shall be a detailed public 
accounting to
   separately identify all funds 
available to and
   all expenditures relating to the IETF and to
   the IASA, including any donations, 
of funds or
   in-kind, received by ISOC for IETF-related
   activities.  In-kind donations shall only be
   accepted at the direction of the 
IAD and IAOC.
   All such funds and donations shall 
be irrevocably
   assigned to the IETF.
   /t
Bert
Having it in the principles is the best solution.
Brian

In all other cases, money going to support the IETF is called 
credited to the IASA account.

In section 5, section 5.2 and 5.3 talk about money credited 
to the IASA 


account. I'd rather add a section before section 5.5 that 
simply says:

5.x IASA expenses
The IASA exists to support the IETF. Therefore, only 
expenses related to

supporting the IETF can be debited to the IASA account.
I like it, so I have added it to my working copy of the document.
Bert

That should make it clear enough that the transfer of money 
into the IASA account is intended to be irrevocable.

Makes sense?
   Harald
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Re: iasa-bcp-01 - Open Issues - Separate bank accounts

2004-12-08 Thread Harald Tveit Alvestrand

--On onsdag, desember 08, 2004 09:56:15 +0100 Brian E Carpenter 
[EMAIL PROTECTED] wrote:

Wijnen, Bert (Bert) wrote:
I don't think irrevocably assigned to the IETF works
well for money.

I actually also have kept that sentence in the principles,
namely at principle 5. It does not read so bad.
This is what it sais in my working copy:
my co-editor Rob did not think the reading was really good either,
so when we checked again, we took the sentence out.
SO in revision 02 that we posted later last night (early this morning)
it is gone. If you want it back, pls re-raise/open the issue.
I do want it back. Of course the exact words don't matter, but I
think that Principle 5 in Section 2.2 needs to be explicit that
the funds belong to the IETF whatever happens. For example:
   All such funds and donations shall belong irrevocably
   to the IETF.
I can't personally see a better word than irrevocably, but it
is really a lawyer/accountant question how to phrase it.
I actually think a lawyer/accountant would have more trouble with the word 
belong - since the IETF is STILL not an entity capable of claiming 
ownership, I think you need to do something like this:

Donations to the IETF shall be irrevocably committed to the support of the 
IETF.

Does that make sense? (I'm not sure it does - any simple formulation I make 
up on the spot either makes it so that meeting fees fall outside or that 
ISOC funding promises are also irrevocable, making the within-year budget 
adjustments allowed for later violate the principle. My inability to 
formulate the principle right doesn't mean that the principle is invalid, 
however...)


  Harald
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Re: iasa-bcp-01 - Open Issues - Separate bank accounts

2004-12-08 Thread Brian E Carpenter
Harald Tveit Alvestrand wrote:

--On onsdag, desember 08, 2004 09:56:15 +0100 Brian E Carpenter 
[EMAIL PROTECTED] wrote:

Wijnen, Bert (Bert) wrote:
I don't think irrevocably assigned to the IETF works
well for money.

I actually also have kept that sentence in the principles,
namely at principle 5. It does not read so bad.
This is what it sais in my working copy:
my co-editor Rob did not think the reading was really good either,
so when we checked again, we took the sentence out.
SO in revision 02 that we posted later last night (early this morning)
it is gone. If you want it back, pls re-raise/open the issue.

I do want it back. Of course the exact words don't matter, but I
think that Principle 5 in Section 2.2 needs to be explicit that
the funds belong to the IETF whatever happens. For example:
   All such funds and donations shall belong irrevocably
   to the IETF.
I can't personally see a better word than irrevocably, but it
is really a lawyer/accountant question how to phrase it.

I actually think a lawyer/accountant would have more trouble with the 
word belong - since the IETF is STILL not an entity capable of 
claiming ownership, I think you need to do something like this:

Donations to the IETF shall be irrevocably committed to the support of 
the IETF.

Does that make sense? (I'm not sure it does - any simple formulation I 
make up on the spot either makes it so that meeting fees fall outside or 
that ISOC funding promises are also irrevocable, making the 
within-year budget adjustments allowed for later violate the principle. 
My inability to formulate the principle right doesn't mean that the 
principle is invalid, however...)

Indeed :-)
We agree, I think. Your phrase is OK for me.
   Brian
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Re: iasa-bcp-01 - Open Issues - Separate bank accounts

2004-12-08 Thread Scott Bradner

Harald asks:
 Donations to the IETF shall be irrevocably committed to the support of 
 the IETF.
 
 Does that make sense? 

works for me

Scott

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Re: iasa-bcp-01 - Open Issues - Separate bank accounts

2004-12-08 Thread Will McAfee
While I agree that it is a question for lawyers, I think that are in
the permanent posession, until it is decided that funds will be spent
is a better way to put it.

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Re: iasa-bcp-01 - Open Issues - Separate bank accounts

2004-12-08 Thread Margaret Wasserman
At 10:20 AM +0100 12/8/04, Harald Tveit Alvestrand wrote:
Donations to the IETF shall be irrevocably committed to the support 
of the IETF.
There are already laws about designated/earmarked donations that make 
this true.

I think that the point that Brian was trying to make is that the 
meeting fees should also be committed to the support of the IETF.

The fact of the matter is that it is unlikely that the IETF will have 
a surplus generated by meeting fees and designated donations, so it 
is hard to get excited about this problem.  However, I do understand 
the point that  if we ever do have a surplus from these sources, we 
don't want ISOC to use that money for other nefarious purposes :-). 
I don't think that there is any real disagreement about this, but I 
do think that it is difficult to:

(1) Determine how much of this should be explained in the BCP.
and
(2) Figure out how to say it.
Maybe we could be more simple in our wording?  Something like:
The IETF meeting fees and IASA/IETF-designated donations will only be 
used to support IASA and the IETF.  If the total of these funding 
sources is larger than the total cost of the IASA function, the 
surplus will be held in the IASA account for later use to support 
IASA and the IETF.  If the total of these funding sources is smaller 
than the total cost of the IASA function, resulting in a deficit, we 
are expecting ISOC to cover that deficit from non-IASA/IETF 
designated funds.

Margaret

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RE: iasa-bcp-01 - Open Issues - Separate bank accounts

2004-12-08 Thread Scott Bradner

Bert suggests:
   Once funds or in-kind donations have been credited to the IETF accounts,
   they shall be irrevocably allocated to the support of the IETF.

I'd rather Harald's suggestion
   Donations to the IETF shall be irrevocably committed to the support of 
the IETF.

its cleaner and more to the point 

Scott

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Re: iasa-bcp-01 - Open Issues - Separate bank accounts

2004-12-08 Thread Brian E Carpenter
Margaret Wasserman wrote:
At 10:20 AM +0100 12/8/04, Harald Tveit Alvestrand wrote:
Donations to the IETF shall be irrevocably committed to the support 
of the IETF.

There are already laws about designated/earmarked donations that make 
this true.

I think that the point that Brian was trying to make is that the meeting 
fees should also be committed to the support of the IETF.

The fact of the matter is that it is unlikely that the IETF will have a 
surplus generated by meeting fees and designated donations, so it is 
hard to get excited about this problem.  However, I do understand the 
point that  if we ever do have a surplus from these sources, we don't 
want ISOC to use that money for other nefarious purposes :-). I don't 
think that there is any real disagreement about this, but I do think 
that it is difficult to:

(1) Determine how much of this should be explained in the BCP.
and
(2) Figure out how to say it.
Maybe we could be more simple in our wording?  Something like:
The IETF meeting fees and IASA/IETF-designated donations will only be 
used to support IASA and the IETF.  If the total of these funding 
sources is larger than the total cost of the IASA function, the surplus 
will be held in the IASA account for later use to support IASA and the 
IETF.  If the total of these funding sources is smaller than the total 
cost of the IASA function, resulting in a deficit, we are expecting ISOC 
to cover that deficit from non-IASA/IETF designated funds.

What we're really trying to say is ISOC can't take (or take back) any
money or in-kind donation that has been logged in as an IETF asset.
How that is said is really a question for the legal adviser, I think.
   Brian
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Re: iasa-bcp-01 - Open Issues - Separate bank accounts

2004-12-08 Thread avri
On 8 dec 2004, at 10.20, Harald Tveit Alvestrand wrote:
Donations to the IETF shall be irrevocably committed to the support 
of the IETF.
I am not sure I understand what it means.  i.e. are you trying to say 
that

 donations to the IETF are to be allocated to the IETF's budget and may 
not be reallocated to another budget?

or is there some other content?
a.
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Re: iasa-bcp-01 - Open Issues - Separate bank accounts

2004-12-08 Thread Margaret Wasserman
Hi Brian,
At 2:26 PM +0100 12/8/04, Brian E Carpenter wrote:
What we're really trying to say is ISOC can't take (or take back) any
money or in-kind donation that has been logged in as an IETF asset.
How that is said is really a question for the legal adviser, I think.
I don't think that there is any major disagreement about this, 
either...  Well, except that there is no such thing as an IETF 
asset, but that can be worked around with the wording that Harald 
suggested.

My concern is that we need to make sure that the BCP does not 
over-proscribe the financial arrangements, which can only lead to one 
of two things (1) reducing our nimbleness/flexibility, or (2) running 
into enough situations where the IAOC and ISOC ignore the BCP that it 
later comes to have no relevance to the actual financial structure.

I have been on the ISOC Board for about 1-1/2 years.  In that time, 
we done a number of things that don't easily fit into the model of 
strictly separate accounts with regular quarterly payments from ISOC 
to IASA:  (1) We've set aside substantial amounts of money that 
_might_ be spent on IETF-related activities in our budget without 
allocating them, (2) We've made unplanned allocations (from the funds 
we set aside) to cover IETF restructuring-related expenses, and (3) 
We've covered an unanticipated cost-overrun at the RFC editor.

These were all good things to do at the time, and I don't think that 
we want to set-up a budget structure that would stop us from doing 
similar things in the future.

Margaret

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Re: iasa-bcp-01 - Open Issues - Separate bank accounts

2004-12-08 Thread Scott W Brim
On Wed, Dec 08, 2004 08:19:16AM -0500, Margaret Wasserman allegedly wrote:
 The IETF meeting fees and IASA/IETF-designated donations will only be 
 used to support IASA and the IETF.  If the total of these funding 
 sources is larger than the total cost of the IASA function, the 
 surplus will be held in the IASA account for later use to support 
 IASA and the IETF.  If the total of these funding sources is smaller 
 than the total cost of the IASA function, resulting in a deficit, we 
 are expecting ISOC to cover that deficit from non-IASA/IETF 
 designated funds.

IMHO this is cleaner and makes the point completely.  The sentence about
irrevocable donations felt redundant and limited in what it covered.

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RE: iasa-bcp-01 - Open Issues - Separate bank accounts

2004-12-08 Thread Wijnen, Bert (Bert)
Margaret, you examples seem to be the cases where this text of
rev 2 of the iasa-bcp would apply (last para of sect 6):

   The IAD shall provide monthly accountings of expenses, and shall
   update expenditures forecasts every quarter.  This may require
   adjustment of the IASA budget: if so, the revised budget will need to
   be approved by the IAOC, the ISOC President/CEO and, if necessary,
   the ISOC Board of Trustees.

I.e. unexpected things will need ad hoc handling and adjustments.

Or do I not understand you?

Bert


 -Original Message-
 From: Margaret Wasserman [mailto:[EMAIL PROTECTED]
 Sent: Wednesday, December 08, 2004 08:40
 To: Brian E Carpenter
 Cc: Harald Tveit Alvestrand; Wijnen, Bert (Bert); [EMAIL PROTECTED]
 Subject: Re: iasa-bcp-01 - Open Issues - Separate bank accounts
 
 
 
 Hi Brian,
 
 At 2:26 PM +0100 12/8/04, Brian E Carpenter wrote:
 What we're really trying to say is ISOC can't take (or take back) any
 money or in-kind donation that has been logged in as an IETF asset.
 How that is said is really a question for the legal adviser, I think.
 
 I don't think that there is any major disagreement about this, 
 either...  Well, except that there is no such thing as an IETF 
 asset, but that can be worked around with the wording that Harald 
 suggested.
 
 My concern is that we need to make sure that the BCP does not 
 over-proscribe the financial arrangements, which can only lead to one 
 of two things (1) reducing our nimbleness/flexibility, or (2) running 
 into enough situations where the IAOC and ISOC ignore the BCP that it 
 later comes to have no relevance to the actual financial structure.
 
 I have been on the ISOC Board for about 1-1/2 years.  In that time, 
 we done a number of things that don't easily fit into the model of 
 strictly separate accounts with regular quarterly payments from ISOC 
 to IASA:  (1) We've set aside substantial amounts of money that 
 _might_ be spent on IETF-related activities in our budget without 
 allocating them, (2) We've made unplanned allocations (from the funds 
 we set aside) to cover IETF restructuring-related expenses, and (3) 
 We've covered an unanticipated cost-overrun at the RFC editor.
 
 These were all good things to do at the time, and I don't think that 
 we want to set-up a budget structure that would stop us from doing 
 similar things in the future.
 
 Margaret
 
 

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Re: iasa-bcp-01 - Open Issues - Separate bank accounts

2004-12-08 Thread Brian E Carpenter
Scott W Brim wrote:
On Wed, Dec 08, 2004 08:19:16AM -0500, Margaret Wasserman allegedly wrote:
The IETF meeting fees and IASA/IETF-designated donations will only be 
used to support IASA and the IETF.  If the total of these funding 
sources is larger than the total cost of the IASA function, the 
surplus will be held in the IASA account for later use to support 
IASA and the IETF.  If the total of these funding sources is smaller 
than the total cost of the IASA function, resulting in a deficit, we 
are expecting ISOC to cover that deficit from non-IASA/IETF 
designated funds.

IMHO this is cleaner and makes the point completely.  The sentence about
irrevocable donations felt redundant and limited in what it covered.
This is OK, but if I was still on the ISOC Board I might have some
questions about the last sentence. s/expect/hope/ perhaps.
   Brian
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Re: iasa-bcp-01 - Open Issues - Separate bank accounts

2004-12-08 Thread Margaret Wasserman

This is OK, but if I was still on the ISOC Board I might have some
questions about the last sentence. s/expect/hope/ perhaps.
This makes sense, particularly in light of my belief that the IETF 
should ask ISOC for its support, not presume it.

Margaret

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Re: iasa-bcp-01 - Open Issues - Separate bank accounts

2004-12-08 Thread Harald Tveit Alvestrand

--On onsdag, desember 08, 2004 10:23:33 -0500 Margaret Wasserman 
[EMAIL PROTECTED] wrote:


This is OK, but if I was still on the ISOC Board I might have some
questions about the last sentence. s/expect/hope/ perhaps.
This makes sense, particularly in light of my belief that the IETF should
ask ISOC for its support, not presume it.
I actually think the whole thread is very much congruent to what's 
specified in section 5 of iasa-bcp-02. Can the debaters please check that, 
and see if we still want more changes?

Remember - section 2.2 is (short) principles, section 5 is the (longer) 
description of how we plan to implement them; both are part of the BCP that 
we want to be committed to and change VERY rarely.

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Re: iasa-bcp-01 - Open Issues - Separate bank accounts

2004-12-08 Thread Harald Tveit Alvestrand

--On onsdag, desember 08, 2004 14:28:32 +0100 [EMAIL PROTECTED] wrote:
On 8 dec 2004, at 10.20, Harald Tveit Alvestrand wrote:
Donations to the IETF shall be irrevocably committed to the support
of the IETF.
I am not sure I understand what it means.  i.e. are you trying to say that
  donations to the IETF are to be allocated to the IETF's budget and may
not be reallocated to another budget?
that's exactly what I wanted to say, and what -02 section 5.5 already says; 
I was trying to use the word irrevocable in there, and keep it short 
enough to put it in principles.


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Re: iasa-bcp-01 - Open Issues - Separate bank accounts

2004-12-08 Thread Brian E Carpenter
Harald Tveit Alvestrand wrote:

--On onsdag, desember 08, 2004 10:23:33 -0500 Margaret Wasserman 
[EMAIL PROTECTED] wrote:


This is OK, but if I was still on the ISOC Board I might have some
questions about the last sentence. s/expect/hope/ perhaps.

This makes sense, particularly in light of my belief that the IETF should
ask ISOC for its support, not presume it.

I actually think the whole thread is very much congruent to what's 
specified in section 5 of iasa-bcp-02. Can the debaters please check 
that, and see if we still want more changes?

Remember - section 2.2 is (short) principles, section 5 is the (longer) 
description of how we plan to implement them; both are part of the BCP 
that we want to be committed to and change VERY rarely.
This is a matter of principle I think - so I do see value in an explicit
sentence in 2.2.
   Brian


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Re: iasa-bcp-01 - Open Issues - Separate bank accounts

2004-12-08 Thread Leslie Daigle
Doesn't work for me -- who defines what is supportive?   In
the context of moving forward with the BCP and working with
ISOC, it's obviously clear.  But, to the extent that the
text is meant ot address the case that the ISOC-IASA
relationship is changing, we should not leave it until
then to have the  discussion about who calls the shots
on supporting.
Maybe, minimally:
Donations to the IETF shall be irrevocably committed to the support of
the IETF, by the mechanism defined by IETF consensus process.
(I don't think that's quite it... but perhaps a start).
Beyond that:  get a lawyer or accountant to figure it out!
Leslie.
Scott Bradner wrote:
Harald asks:
Donations to the IETF shall be irrevocably committed to the support of 
the IETF.

Does that make sense? 

works for me
Scott
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RE: iasa-bcp-01 - Open Issues - Separate bank accounts

2004-12-08 Thread Harald Tveit Alvestrand

--On 8. desember 2004 14:00 +0100 Wijnen, Bert (Bert) 
[EMAIL PROTECTED] wrote:

How about
   Once funds or in-kind donations have been credited to the IETF
accounts, they shall be irrevocably allocated to the support of the
IETF.
That one seems sensible to me. And is completely consistent with the more 
specific treatment in section 5, I think.

 Harald


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Re: iasa-bcp-01 - Open Issues - Separate bank accounts

2004-12-08 Thread Geoff Huston
I think you are wanting to say that donation of funds to the IETF be 
placed under the exclusive control of the IETF support program within 
ISOC. This phrasing is slightly stronger than the irrevocable commitment 
phrase, but does fall just short of explicitly stating 'distinct fund 
account held in a financial institution'.

And indeed: Beyond that:  get a lawyer or accountant to figure it out!
  Geoff


At 06:57 AM 9/12/2004, Leslie Daigle wrote:
Doesn't work for me -- who defines what is supportive?   In
the context of moving forward with the BCP and working with
ISOC, it's obviously clear.  But, to the extent that the
text is meant ot address the case that the ISOC-IASA
relationship is changing, we should not leave it until
then to have the  discussion about who calls the shots
on supporting.
Maybe, minimally:
Donations to the IETF shall be irrevocably committed to the support of
the IETF, by the mechanism defined by IETF consensus process.
(I don't think that's quite it... but perhaps a start).
Beyond that:  get a lawyer or accountant to figure it out!
Leslie.
Scott Bradner wrote:
Harald asks:
Donations to the IETF shall be irrevocably committed to the support of 
the IETF.

Does that make sense?
works for me
Scott
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RE: iasa-bcp-01 - Open Issues - Separate bank accounts

2004-12-08 Thread Wijnen, Bert (Bert)
Geoff responded to Leslie
 
 I think you are wanting to say that donation of funds to the IETF be 
 placed under the exclusive control of the IETF support program within 
 ISOC. This phrasing is slightly stronger than the 
 irrevocable commitment 
 phrase, but does fall just short of explicitly stating 'distinct fund 
 account held in a financial institution'.
 

I think that neither Leslies, nor Geoff wording includes the meeting fees,
does it? And in my (personal) opinion we should include those as well.

 And indeed: Beyond that:  get a lawyer or accountant to figure it out!
 

I think we need to try to get some text in there that states (as good as
possible) what we (IETF) want and then have that reviewed by legal,
while at the same time doing IETF Last Call maybe.

Bert
Geoff
 
 
 
 
 
 
 At 06:57 AM 9/12/2004, Leslie Daigle wrote:
 
 Doesn't work for me -- who defines what is supportive?   In
 the context of moving forward with the BCP and working with
 ISOC, it's obviously clear.  But, to the extent that the
 text is meant ot address the case that the ISOC-IASA
 relationship is changing, we should not leave it until
 then to have the  discussion about who calls the shots
 on supporting.
 
 Maybe, minimally:
 
 Donations to the IETF shall be irrevocably committed to the 
 support of
 the IETF, by the mechanism defined by IETF consensus process.
 
 (I don't think that's quite it... but perhaps a start).
 
 Beyond that:  get a lawyer or accountant to figure it out!
 
 Leslie.
 
 
 Scott Bradner wrote:
 Harald asks:
 
 Donations to the IETF shall be irrevocably committed to 
 the support of 
 the IETF.
 
 Does that make sense?
 
 works for me
 Scott
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 Leslie Daigle
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Re: iasa-bcp-01 - Open Issues - Separate bank accounts

2004-12-08 Thread Leslie Daigle
At this point, I think I am confused.  I have paged back through
the e-mail thread, and attempted to see whether my version would
or would not, should or should not, include meeting fees, and
have not been able to put together an authoritative picture...
I think I want to see what you think the current text is, in the
context of the whole document revision, before I comment further.
Leslie.
Wijnen, Bert (Bert) wrote:
Geoff responded to Leslie
I think you are wanting to say that donation of funds to the IETF be 
placed under the exclusive control of the IETF support program within 
ISOC. This phrasing is slightly stronger than the 
irrevocable commitment 
phrase, but does fall just short of explicitly stating 'distinct fund 
account held in a financial institution'.


I think that neither Leslies, nor Geoff wording includes the meeting fees,
does it? And in my (personal) opinion we should include those as well.

And indeed: Beyond that:  get a lawyer or accountant to figure it out!

I think we need to try to get some text in there that states (as good as
possible) what we (IETF) want and then have that reviewed by legal,
while at the same time doing IETF Last Call maybe.
Bert
  Geoff


At 06:57 AM 9/12/2004, Leslie Daigle wrote:

Doesn't work for me -- who defines what is supportive?   In
the context of moving forward with the BCP and working with
ISOC, it's obviously clear.  But, to the extent that the
text is meant ot address the case that the ISOC-IASA
relationship is changing, we should not leave it until
then to have the  discussion about who calls the shots
on supporting.
Maybe, minimally:
Donations to the IETF shall be irrevocably committed to the 
support of
the IETF, by the mechanism defined by IETF consensus process.
(I don't think that's quite it... but perhaps a start).
Beyond that:  get a lawyer or accountant to figure it out!
Leslie.
Scott Bradner wrote:
Harald asks:

Donations to the IETF shall be irrevocably committed to 
the support of 

the IETF.
Does that make sense?
works for me
Scott
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Re: iasa-bcp-01 - Open Issues - Separate bank accounts

2004-12-07 Thread Brian E Carpenter
Wijnen, Bert (Bert) wrote:
Iresponded to Harald:
Harald writes:
Brian,
I don't think irrevocably assigned to the IETF works well for money.

I actually also have kept that sentence in the principles, namely at principle 
5.
It does not read so bad. This is what it sais in my working copy:
t
There shall be a detailed public accounting to
separately identify all funds available to and
all expenditures relating to the IETF and to
the IASA, including any donations, of funds or
in-kind, received by ISOC for IETF-related
activities.  In-kind donations shall only be
accepted at the direction of the IAD and IAOC.
All such funds and donations shall be irrevocably
assigned to the IETF.
/t
Bert
Having it in the principles is the best solution.
Brian

In all other cases, money going to support the IETF is called 
credited to the IASA account.

In section 5, section 5.2 and 5.3 talk about money credited 
to the IASA 

account. I'd rather add a section before section 5.5 that 
simply says:
5.x IASA expenses
The IASA exists to support the IETF. Therefore, only 
expenses related to
supporting the IETF can be debited to the IASA account.
I like it, so I have added it to my working copy of the document.
Bert
That should make it clear enough that the transfer of money 
into the IASA account is intended to be irrevocable.

Makes sense?
Harald
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RE: iasa-bcp-01 - Open Issues - Separate bank accounts

2004-12-06 Thread Wijnen, Bert (Bert)
Harald writes:
 Brian,
 
 I don't think irrevocably assigned to the IETF works well for money.
 In all other cases, money going to support the IETF is called 
 credited to the IASA account.
 
 In section 5, section 5.2 and 5.3 talk about money credited to the IASA 
 account. I'd rather add a section before section 5.5 that simply says:
 
  5.x IASA expenses
 
  The IASA exists to support the IETF. Therefore, only expenses related to
  supporting the IETF can be debited to the IASA account.
 
I like it, so I have added it to my working copy of the document.

Bert
 That should make it clear enough that the transfer of money 
 into the IASA account is intended to be irrevocable.
 
 Makes sense?
 
  Harald

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Re: iasa-bcp-01 - Open Issues - Separate bank accounts

2004-12-03 Thread Brian E Carpenter
[EMAIL PROTECTED] wrote:
In thinking about this, I think about the fungibility of funds.
By having a common account, cash flow issues that might be an issue at 
various points of the year can be dealt with more easily.  For example 
if funds are earmarked for meeting fees, but collections have not come 
in time for the year's first meeting, it is simpler to deal with when 
the funds come from a common account.

On the other hand, transparency requires the ability to inspect the 
accounts that are pertinent to the IETF, its budget vs it projected 
expenditure vs its actual expenditures.  This can, I believe, be 
adequately handled by so-called 'divisional accounting'.
Exactly. I think the -01 draft has it right, except that I propose
adding a sentence at the end of paragraph 5 in section 2.2:
  All such funds and donations shall be irrevocably assigned to the IETF.
(Like my irrevocable for the intellectual property, this is
intended for the bolt-blowing situation.)
Brian
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Re: iasa-bcp-01 - Open Issues - Separate bank accounts

2004-12-03 Thread Margaret Wasserman
Hi Brian,
At 10:38 AM +0100 12/3/04, Brian E Carpenter wrote:
 On the other hand, transparency requires the ability to inspect 
the accounts that are pertinent to the IETF, its budget vs it 
projected expenditure vs its actual expenditures.  This can, I 
believe, be adequately handled by so-called 'divisional accounting'.
Exactly. I think the -01 draft has it right, except that I propose
adding a sentence at the end of paragraph 5 in section 2.2:
  All such funds and donations shall be irrevocably assigned to the IETF.
(Like my irrevocable for the intellectual property, this is
intended for the bolt-blowing situation.)
Who are we trying to protect ourselves from?  And what does it mean 
for funds to be irrevocably assigned to the IETF?

While I agree that the IASA accounting needs to be transparent and 
understandable, I think that we should be cautious about making 
public, hard-to-change rules about our own accounting structures and 
fund transfers that may limit our flexibility and/or negatively 
impact the stability of the organization later.

Margaret
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Re: iasa-bcp-01 - Open Issues - Separate bank accounts

2004-12-03 Thread JFC (Jefsey) Morfin
I am afraid this is meaningless unless this is insurred and warranted by a 
third party and the money in escrow, what a Bank is for. I am even afraid 
this is illegal wording in the way you intend it. Whatever the 
irrevocability ISOC may sign, ISOC is bound by legal and tax priority 
obligations. In all this, have the tax and insurance obligations, in 
international field, for both ISOC BoD and IETF interested people, have 
been considered?

What you ask the ISOC to be is to be the IETF's Bank.
At 10:38 03/12/2004, Brian E Carpenter wrote:
[EMAIL PROTECTED] wrote:
In thinking about this, I think about the fungibility of funds.
By having a common account, cash flow issues that might be an issue at 
various points of the year can be dealt with more easily.  For example if 
funds are earmarked for meeting fees, but collections have not come in 
time for the year's first meeting, it is simpler to deal with when the 
funds come from a common account.
In other words this is money lending business. How do you see the 
profit/loss shared, reported and taxed?
Are payments accepted in different currencies? This currency exchange 
business. On a permanent basis.

On the other hand, transparency requires the ability to inspect the 
accounts that are pertinent to the IETF, its budget vs it projected 
expenditure vs its actual expenditures.  This can, I believe, be 
adequately handled by so-called 'divisional accounting'.
This means that IETF is a Division of ISOC and ISOC is legally responsible 
for the consequences of the deeds of the IETF.

May I recall that IETF has no legal/tax representative but that ISOC has 
local incoporated chapters. Who is going to pay for their legal defense in 
the case someone sues one them as the local representative of their parent 
organization division?

As a local ISOC Member, I want a wording telling Judges that in no way, 
local ISOC Chapters can be taken as responsible for the consequences of the 
Internet documents publised by the ISOC IETF division. This will have 
probably no legal impact in case of an action against them as a local ISOC 
representative, but it will permit the ISOC chapters to be reimbursed by 
ISOC if they have been judged partly accountable for the result of using 
the ISOC's IETF department deliveries and of their public information.

jfc
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iasa-bcp-01 - Open Issues - Separate bank accounts

2004-12-02 Thread avri
In thinking about this, I think about the fungibility of funds.
By having a common account, cash flow issues that might be an issue at 
various points of the year can be dealt with more easily.  For example 
if funds are earmarked for meeting fees, but collections have not come 
in time for the year's first meeting, it is simpler to deal with when 
the funds come from a common account.

On the other hand, transparency requires the ability to inspect the 
accounts that are pertinent to the IETF, its budget vs it projected 
expenditure vs its actual expenditures.  This can, I believe, be 
adequately handled by so-called 'divisional accounting'.

a.

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