[cabfpub] Ballot process ordering

[Peter Bowen]

> On Nov 2, 2016, at 8:45 AM, Kirk Hall via Public <public at cabforum.org> wrote:
> 
> Perfectly stated, Gerv - thanks.
>  
> On Position 2 (voting before the IPR Review Period), it's unclear to me how the end of the IPR Review Period then leads to "Approval".  The Bylaws and IPR Policy do not say, for example, that the absence of any Exclusion Notices filed during the Review Period somehow constitutes "Approval" of the Draft Guidelines under review.  Likewise, the Bylaws and IPR Policy do not say that the filing of an Exclusion Notices during the Review Period somehow constitutes "Disapproval" of the Draft Guidelines under review.  The formation of a PAG (in the event of the filing of an Exclusion Notice during the Review Period) does not constitute Approval or Disapproval of the Draft Guidelines.  And no one knows what reports or conclusions a PAG might produce and report to Forum members, but it surely won't constitute Approval or Disapproval of the Draft Guidelines under consideration – a PAG does not have that power.
>  
> So under Position 2, how do we ever get to Approval - which (under the IPR Policy) can only come AFTER the Review Period is over.  Something is missing from the Position 2 process?
>  
> Can someone who supports Position 2 tell us how they think a Draft Guideline ever gets to Approval under our current Bylaws and IPR Policy?


I agree with many of the concerns raised about position 1 in other emails in this thread.

It seems to me that a very simple solution is to have each ballot include language that will be approved on date X unless exclusion notices are received during the review period in which case approval will be indefinitely suspended until such a time the Forum explicitly votes to Approve.

I would think that this should resolve concerns around Approving something that has known exclusion notices and the concerns around lack of participation in straw polls.

>  
> -----Original Message-----
> From: Public [mailto:public-bounces at cabforum.org] On Behalf Of Gervase Markham via Public
> Sent: Wednesday, November 2, 2016 8:14 AM
> To: CABFPub <public at cabforum.org>
> Cc: Gervase Markham <gerv at mozilla.org>
> Subject: [cabfpub] Ballot process ordering
>  
> This is my understanding of the current controversy regarding the balloting process. I'm sure it is incomplete. Can people make corrections and additions until it's accurate and everyone can understand where the disagreement lies and what the arguments are for each position?
>  
> Position 1
> ----------
>  
> This position states that the order of events should be:
>  
> 1) Ballot Formulation
> 2) Optional Straw Poll
> 3) Discussion Period*
> 4) IPR Review Period
> 5) Voting Period
> 6) "Approval"
>  
> * May be before, after or during IPR review but must be before voting
>  
> The proponents of this position make the following points:
>  
> A) "Prior to the approval of a CAB Forum Draft Guideline as a CAB Forum Final Guideline, there shall be..." in IPR Policy section 4.1 means "Before a CAB Forum Draft Guideline is voted on (the Forum's stamp of 'approval' which makes it a CAB Forum Final Guideline), there shall be...".
>  
> B) ...
>  
> Position 2
> ----------
>  
> This position states that the order of events should be:
>  
> 1) Ballot Formulation
> 2) Discussion Period
> 3) Voting Period
> 4) IPR Review Period
> 5) "Approval"
>  
> The proponents of this position make the following points:
>  
> J) This is what we have always done historically.
>  
> K) "Prior to the approval of a CAB Forum Draft Guideline as a CAB Forum Final Guideline, there shall be..." in IPR Policy section 4.1 means "Before a CAB Forum Draft Guideline can be approved as a CAB Forum Final Guideline (which is the final step in the process), there shall be...".
>  
> L) ...
>  
> Gerv
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