Network Working Group                                    S. Dawkins, Ed.
Internet-Draft                                              Huawei (USA)
Intended status: Informational                              D. McPherson
Expires: January 8, 2009                                  Arbor Networks
                                                            July 7, 2008


          Nominating Committee Process: Issues since RFC 3777
                  draft-dawkins-nomcom-3777-issues-00

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Abstract

   This document describes issues with the current IETF Nominating
   Committee process that have arisen in practice.












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Table of Contents

   1.  Introduction . . . . . . . . . . . . . . . . . . . . . . . . .  3
   2.  Background of this document  . . . . . . . . . . . . . . . . .  3
   3.  Issues that Affect NomCom Participation  . . . . . . . . . . .  4
     3.1.  Shortening the NomCom Epoch  . . . . . . . . . . . . . . .  4
     3.2.  Random Selection of NomCom Membership  . . . . . . . . . .  4
     3.3.  Gaming NomCom Participation  . . . . . . . . . . . . . . .  4
     3.4.  Affiliation and Related Issues . . . . . . . . . . . . . .  5
   4.  Issues Affecting NomCom Operation  . . . . . . . . . . . . . .  6
     4.1.  Model for Candidate Evaluation . . . . . . . . . . . . . .  6
     4.2.  One NomCom for All Positions . . . . . . . . . . . . . . .  6
   5.  Candidate Issues . . . . . . . . . . . . . . . . . . . . . . .  7
     5.1.  Candidates Who Are Not Selected  . . . . . . . . . . . . .  7
     5.2.  Running Against an Incumbent . . . . . . . . . . . . . . .  7
     5.3.  Soliciting Feedback on Non-Incumbent Candidates  . . . . .  8
     5.4.  Interaction between Affiliation and Willingness to be
           Considered . . . . . . . . . . . . . . . . . . . . . . . .  9
   6.  Confirming Body Issues . . . . . . . . . . . . . . . . . . . .  9
     6.1.  Role of the Confirming Body  . . . . . . . . . . . . . . .  9
     6.2.  Confirming Body Liaisons . . . . . . . . . . . . . . . . . 10
     6.3.  What a Confirming Body Actually Confirms . . . . . . . . . 11
     6.4.  2007-2008 Dispute Resolution Process Experience  . . . . . 12
       6.4.1.  Selecting an Arbiter . . . . . . . . . . . . . . . . . 12
       6.4.2.  Scope of Dispute Resolution Process  . . . . . . . . . 12
       6.4.3.  Constitutional Crisis  . . . . . . . . . . . . . . . . 12
   7.  Security Considerations  . . . . . . . . . . . . . . . . . . . 13
   8.  IANA Considerations  . . . . . . . . . . . . . . . . . . . . . 13
   9.  Contributing Authors . . . . . . . . . . . . . . . . . . . . . 13
   10. References . . . . . . . . . . . . . . . . . . . . . . . . . . 13
     10.1. Normative References . . . . . . . . . . . . . . . . . . . 13
     10.2. Informative References . . . . . . . . . . . . . . . . . . 13
   Authors' Addresses . . . . . . . . . . . . . . . . . . . . . . . . 14
   Intellectual Property and Copyright Statements . . . . . . . . . . 15

















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1.  Introduction

   The Internet Engineering Steering Group (IESG), the Internet
   Architecture Board (IAB), and at-large IETF representatives to the
   IETF Administrative Oversight Committee (IAOC) are selected by a
   "Nominating and Recall Committee" (universally abbreviated as
   "NomCom").  [RFC3777] defines how the NomCom is selected, and the
   processes it follows as it selects candidates for these positions.

   This document describes issues with the current NomCom process that
   have arisen in practice.  It does not propose ways to resolve those
   issues - that will potentially be the role of one or more follow-on
   documents and/or IETF work items.


2.  Background of this document

   [RFC3777] is the latest in a series of revisions to the NomCom
   process, which dates back to [RFC2027] in 1996.  [RFC3777] has been
   updated once since 2004, but this update ([RFC5078] did not change
   normative text (it replaced a sample timeline, allowing more time for
   required tasks and identifying a small number of tasks that are
   performed every year but were not included in the sample timeline).

   Although NomCom deliberations are held to a high level of
   confidentiality, three recent NomCom chairs {Danny McPherson {2004-
   2005}, Ralph Droms {2005-2006}, and Andrew Lange {2006-2007}) have
   reported a variety of issues at IETF Plenaries.  They reported
   several issues (that arise across NomCom cycles), including
   experience that NomComs seem to consistently "run out of time" at the
   end of the process, a small number of candidates for at least some
   positions, confusion with confirming bodies, and a tension between
   confidentiality and an open request for feedback on candidates.

   This document is a compilation of discussions among a number of
   recent NomCom chairs (named in Section 9) who acted as a design team,
   at the IETF Chair's request.  In addition, we used Lakshminath
   Dondeti's IETF 71 Plenary NomCom report, and subsequent on-list and
   off-list discussions, as input, but Lakshminath was not included in
   the design team because he was currently serving as NomCom chair.

   This document is closer to being a union of views than a consensus of
   views.  Given that each NomCom operates behind a wall of
   confidentiality, with the past NomCom chair as the only "common"
   participant, it's difficult even for a group of former NomCom chairs
   to agree on "what the problems common to all NomComs are".





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3.  Issues that Affect NomCom Participation

3.1.  Shortening the NomCom Epoch

   We struggled with several aspects of the length of the NomCom cycle.
   Using the schedule suggested in ([RFC5078], the 2008-2009 NomCom will
   be budgeting for a 43-week NomCom cycle.  There are several concerns
   that go along with a very long NomCom cycle:

   o  We have a sense that a longer NomCom commitment reduces the number
      of NomCom volunteers who are willing to serve.
   o  A longer NomCom cycle can also affect the continued willingness of
      candidates to be considered - candidates are contacted immediately
      to see if they are willing to serve, and then immediately before
      their names are sent forward - and there can be a 5-6 month delay
      between these events, so candidates may lose enthusiasm, or may
      experience personal/professional changes that prevent them from
      serving, between the two contact points.
   o  A smaller number of NomCom volunteers raises concerns about large
      "IETF sponsors" "gaming" the system.
   o  In a small minority of cases - IAB or IESG members who are serving
      in a one-year term - the NomCom cycle starts almost immedately
      after the member is seated (52 weeks in a year - 43 weeks in a
      NomCom cycle = 9 weeks of experience when the process begins).

3.2.  Random Selection of NomCom Membership

   NomCom membership is selected randomly from a set of qualified
   volunteers.  This means that NomCom members are probably not
   personally familiar with all of the candidates, and may not be
   familiar with the required skillset for specific positions.  This has
   implications for the amount of time needed for NomCom to collect
   inputs from the community.

   We also discussed concerns about the level of awareness of IETF
   culture for a randomly-selected NomCom - since an IETF attendee can
   become NomCom-eligible in one year.

3.3.  Gaming NomCom Participation

   We have a sense that there are a small number of large sponsors for
   IETF participants who provide a disproportionate number of NomCom
   volunteers.

   The issue isn't that a single sponsor can "pack" a NomCom - current
   [RFC3777] rules limit that effect - but that large sponsors can be
   almost assured of at least one participant being selected for NomCom,
   year after year.  We note that for several years, 50-60 percent of



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   NomCom participants have come from four large sponsors.  We aren't
   saying this is a problem, only that it's a trend worth noticing.

3.4.  Affiliation and Related Issues

   As described in [RFC3777], the term "primary affiliation" is used in
   the following ways:

   o  A nomcom volunteer's "primary affiliation" is used in determining
      whether a volunteer is eligible for membership on the nominating
      committee (Section 4, point 17)
   o  Within the recall process, a signatory's primary affiliation is
      used to determine whether a signature on a recall petition is
      valid (Section 7).

   Despite the importance of "primary affiliation" in determining
   eligibility for the nominating committee and the validity of a
   signature on a recall petition, the term is never defined within RFC
   3777.

   While a potential nominating committee member or signatory with a
   single employer may not have difficulty in determining their "primary
   affiliation", the "primary affiliation" of an individual with
   multiple consulting clients or part-time employers may be less clear.
   Such ambiguities can make it difficult to determine whether the RFC
   3777 requirements for nominating committee balance are being
   followed, and may even affect the ability of the nomcom to accurately
   assess the "primary affiliation" of the candidates for the positions
   that the nomcom is attempting to fill.

   For its definition of "affiliation", IEEE has come up with the
   following:

      "An individual is deemed 'affiliated' with any individual or
      entity that has been, or will be, financially or materially
      supporting that individual's participation in a particular IEEE
      standards activity.  This includes, but is not limited to, his or
      her employer and any individual or entity that has or will have,
      either directly or indirectly, requested, paid for, or otherwise
      sponsored his or her participation."

   It should not noted that the above definition focuses on support for
   a particular activity, and therefore it is possible for a participant
   to have different "affiliations" while developing a standards
   submission, participating in an chair position, or serving on one or
   more committees.

   There are plenty of corner cases here - "do a UCLA professor and UC-



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   Irvine grad student have the same affiliation?" - so what's needed is
   guidance, judgement, and flexibility.


4.  Issues Affecting NomCom Operation

4.1.  Model for Candidate Evaluation

   We discussed two models - a Personal Experience (PE) model, and a
   Consultive (C) model.

   Under the PE model, a NomCom member would use personal experience to
   determine positions on candidates where the NomCom member has enough
   background to support those positions, and would rely on candidate
   feedback only for the positions where the NomCom member cannot
   support a position based on personal experience.

   Under the C model, a NomCom member would base candidate positions
   almost exclusively on candidate feedback for all positions under
   consideration.

   We recognized that there's a tension in both directions - "personal
   experience" can become "personal bias", while "consultive" can become
   a popularity contest.

   One former chair pointed out that the NomCom moved pretty quickly
   from a model where a random sample of the community selects
   leadership based on personal experience to a model where the random
   sample of the IETF is expected to survey a large and increasing
   percentage of the total community in order to select leadership.  If
   we expect NomCom to act as a PE group, the process would be less
   intrusive to the rest of the community and would require less time
   for NomCom deliberations.

   We also noted that since NomCom voting members are unlikely to have
   personal experience with all candidates in all areas, there's a
   tendency for NomCom voting members to rely on other NomCom members
   when considering an unfamiliar candidates in an unfamiliar area.

4.2.  One NomCom for All Positions

   We discussed whether having a single group of randomly-selected IETF
   attendees working to fill all positions under consideration was the
   right model.  For example, one former NomCom chair noted that the
   IAB's responsibilities have changed dramatically since the NomCom
   structure was put in place, and a considerable amount of IAB time has
   been spent on administrative restructuring, hearing appeals, and
   representing the IETF in liaisons with other SDOs.  Is the NomCom the



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   best way way to choose people with the required skillset to carry out
   these tasks?


5.  Candidate Issues

   We had some discussions about a relatively shallow candidate pool for
   some positions.  We noted that it's not unusual for recent NomComs to
   reopen specific positions for late nominations (an indicator that the
   first round didn't generate enough candidates who were both qualified
   and willing to serve) - this happened in both 2005-2006 and in 2006-
   2007.

5.1.  Candidates Who Are Not Selected

   We noted that candidates must obtain confirmation of support from
   employers for a multi-year commitment, including commitments to fund
   travel for IETF meetings and workshops.  There are IETF participants
   who are willing to obtain these commitments every year, but other
   participants are not willing to be considered every year when they
   must obtain high-level approval to be considered, and then must
   notify the same high approval levels that they weren't selected -
   especially if business plans were adjusted to accommodate the
   candidate serving and must now be adjusted again to accommodate the
   candidate not serving.

   Even if a candidate is willing to be considered every year, the
   current NomCom cycle length requires serious candidates to "put their
   lives on hold" for up to six months between first being approached/
   volunteering and ultimately being selected.  Being in limbo for this
   period of time may be a negative factor with respect to possible job
   actions, especially new employment and promotions.

   Potential candidates may be unwilling to be considered for leadership
   positions, or may simply be unwilling to be considered during a
   specific NomCom cycle (given a choice between standing for a position
   against an incumbent finishing a first term and an incumbent
   finishing a third or fourth term, a candidate may "lay out" for a
   year to be considered against the long-time incumbent).

5.2.  Running Against an Incumbent

   For a variety of reasons, mostly good reasons, a NomCom may be
   influenced by a candidate being an incumbent.

   Rules we've heard discussed by various NomComs include:





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   o  always return a first term incumbent unless there is a problem
      (assume the first term was training),
   o  always return an incumbent unless there is a problem (keep good
      incumbents until they are no longer willing or able to serve, or
      until they are no longer good incumbents),
   o  apply term limits in some form, and
   o  "shoot them all" (never actually done to our knowledge, but
      expressed in NomCom discussions)

   Given the confidentiality requirements of [RFC3777], potential
   candidates do not know what the informal rules a NomCom may choose to
   follow.  [RFC3777] encourages candidates to be considered, anyway,
   but candidates may choose to "be conservative in when you are
   considered", and may decline to be considered even if the NomCom
   would like to replace an incumbent.

   Recent experience seems to show that a higher number of candidates
   emerge when incombents publicly state they are unavailable to return
   for another term than when incumbents publicly state that they are
   available to return for another term, although this is only an
   impression.

   Note that this effect exists today, before any proposed changes to
   NomCom confidentiality rules are considered.  We expect that the
   effect would be more pronounced if candidate lists are made public
   (more about this in Section 5.3).

   When potential candidates refuse to be considered, this complicates
   life for a NomCom evaluating an incumbent who is willing to serve
   again, but really needs to be replaced.

   We see no way for a NomCom to signal that a slot is "REALLY open"
   under the current rules of engagement.

   We note that spending effort on NomCom questionnaires when a NomCom
   is ready to reappoint an incumbent wastes valuable IETF participant
   time, and this is doubly wasteful when a NomCom requests input on a
   "ringer" who was not under consideration, and was only added to the
   list to obscure which candidates WERE under consideration.

5.3.  Soliciting Feedback on Non-Incumbent Candidates

   NomCom announces the slots being considered in each NomCom cycle, so
   incumbents being considered are known publicly, but other candidates
   are not made public.  This complicates the decision to provide input
   to NomCom, because community members may provide information about a
   "candidate" who isn't being considered, or who isn't willing to serve
   - or, equally likely, they may simply choose not to provide input



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   about non-incumbent candidates without being solicited to do so.

   There isn't any formal guidance to NomComs about how to solicit
   input, so each NomCom tends to use a modified version of what the
   previous NomCom used to solicit input.  Current NomCom practice is to
   request feedback on lists of candidates from a large "private"
   population - existing working group chairs, RFC authors in an area,
   current document authors in an area, and the entire IESG and/or IAB
   likely to see candidate lists which, although the lists contain
   "ringers", necessarily expose the names of all candidates for a
   position to a large and relevant portion of the IETF community.

   Even with solicitation of feedback on large "private" distributions,
   non-incumbents are at a disadvantage because the NomCom announcement
   names the incumbents, but does not name the non-incumbents - who may
   be tempted to do something that starts to look like campaigning, to
   make sure that people who honestly believe they would be the best
   candidate do provide input.

5.4.  Interaction between Affiliation and Willingness to be Considered

   We noted that there are unwritten rules about affiliation that affect
   a candidate's willingness to be considered.  For example, apparent
   NomCom practice is that two area directors in the same area should
   not have the same affiliation.  If an area director is from company
   X, possible candidates from company X may be less willing to be
   considered for the second area director slot, assuming they will be
   summarily rejected because of this affiliation.

   Potential candidates for IAB slots may have similar concerns, and may
   not be willing to be considered, if there are already two IAB members
   with the same affiliation serving.


6.  Confirming Body Issues

6.1.  Role of the Confirming Body

   In an e-mail on 2008/03/17, the IETF Chair asked the design team "to
   propose a definition for the role of the confirming body.  The
   discussion in plenary indicates that this is a place where RFC 3777
   is lacking.  In part, this discussion has already taken place on the
   IETF mail list, with members of the design team taking radically
   different views.  Please review the archives of the nomcom WG when
   they are available."

   We gave that our best shot.




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   We recognized a tension between a confirming body that is expected to
   "rubber-stamp" a candidate slate, and a confirming body that expects
   to "re-run the NomCom process" - ("show us the information the NomCom
   used to select this candidate slate, and we'll see if you picked the
   right candidates").  Conversations at IETF 71 frequently used these
   terms.  We don't think either extreme is desirable.  In subsequent
   discussions we noted that there is a middle ground - a confirming
   body would use information forwarded by the NomCom as part of its
   "sanity check" diligence.

   We haven't agreed on a proposed definition of the role of the
   confirming body (yet).  This is where the editor thinks we are, as of
   00 I-D submission cutoff for IETF 72 (and the editor apologizes in
   advance if he has been unable to capture the group's consensus on
   what we didn't have consensus about)...

   o  The role of the confirming body is the acceptance or rejection of
      proposed candidates.
   o  The confirming body should confirm candidates it believes are
      qualified for the nominated position AND whose selection would not
      be disruptive to the IETF process by whatever measure the
      confirming body chooses to use.  Conversely, the confirming body
      should reject candidates who do not meet these conditions.
   o  Although [RFC3777] states that confirming body deliberations are
      under the same requirements for confidentiality as the NomCom
      itself, recent experience shows that NomComs and confirming bodies
      can, and do, disagree on how much information the NomCom should
      share with confirming bodies.
   o  Although [RFC3777] assigns process guardianship roles to
      confirming body liaisons (as well as to the past NomCom chair),
      the confirming body itself must rely on confirming body liaisons
      for its view into the NomCom, and the liaisons are often reluctant
      to share information with the rest of the confirming body, citing
      confidentiality concerns.

6.2.  Confirming Body Liaisons

   Two sets of concerns were expressed about liaisons:

   1.  Concerns relating to affiliation and diversity imbalances created
       by liaisons;
   2.  Concerns relating to undue influence of liaisons on the nomcom
       process.

   Since [RFC3777] places no restrictions on the "primary affiliation"
   of liaisons, it is possible for more than two NomCom members to share
   the same primary affiliation.  One example is the 2006-2007 NomCom,
   where two voting members, the past NomCom chair, the ISOC Liaison and



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   the IESG liaison all shared a single primary affiliation.

   In addition to affiliation imbalances, there is the issue of
   diversity in liaison participation.  While IESG and IAB liaisons
   cannot serve in successive years (since IESG and IAB terms are two
   years and a candidate whose position is being considered is not
   eligible to serve as a liaison), no such restriction exists for other
   liaisons and it has become common for other liaisons to return in
   successive years.

   While liaisons are non-voting, concerns were raised about the
   influence that liaisons may have on NomCom voting members.  Some
   confirming bodies have explicitly instructed liaisons not to provide
   any information unless the NomCom asks for the information directly,
   and some NomCom chairs have set similar rules for liaisons.  However,
   there is a tension between being told "say nothing unless you are
   asked directly", and participating in conference calls unable to say
   anything when incorrect or incomplete factual statements are made.

   We discussed how best to limit liaison participation in NomCom.
   Currently, an important role of the liaisons is to monitor the nomcom
   process and raise potential concerns about process violations.
   However, currently [RFC3777] does not provide guidance on what a
   liaison should do in the situation where a process violation occurs,
   and it is not clear that this responsibility primarily resides with
   the liaisons or with the past nomcom chair.  If the primarily
   responsibility for process monitoring is assumed to reside with the
   past nomcom chair, then the role of the liaisons may be reduced or
   eliminated, or the role may be restricted to those activities
   required to supplement the past nomcom chair's responsibilities.

6.3.  What a Confirming Body Actually Confirms

   The 2006-2007 NomCom encountered a situation where they moved one
   Area Director to IETF Chair and reopened nominations for the vacated
   position - at this point, they had a complete slate, except for the
   vacant slot, but IAB wasn't sure they could confirm a slate with one
   vacancy or not.

   Two considerations apply here.

   1.  Moving an incument, especially to IETF Chair, is "worst-case" -
       it would be helpful to know that the incumbent will be seated in
       the new position, before declaring the old position open.
   2.  Confirming bodies don't just consider each candidate in isolation
       - there is also a sense that the confirming body ought to look at
       the proposed slate, together with incumbents whose positions were
       not considered during this NomCom cycle, as a group, to ensure



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       that the group will work well together.

   While it would simplify the confirmation process if confirming bodies
   were willing to confirm partial slates or complete slates with
   problematic candidates and "fill in" the remaining slots later, the
   design team members were aware of several cases where the confirming
   bodies identified concerns about two candidates serving together.  In
   some cases, both candidates were asked if this was really a concern
   ("can you let bygones be bygones?").  In other cases, the NomCom
   provided a slate with a different candidate, to address the
   confirming body's concern.

6.4.  2007-2008 Dispute Resolution Process Experience

   The 2007-2008 NomCom exercised a new code path - for the first time,
   a NomCom chair invoked the RFC 3777 dispute resolution process.  This
   means that a third-party arbiter is selected to investigate and
   resolve the issue under dispute.

6.4.1.  Selecting an Arbiter

   The arbiter is selected by the ISOC President - but the ISOC
   President has no way to know whether a proposed arbiter is also a
   current "willing candidate" being considered by the same NomCom
   committee.

6.4.2.  Scope of Dispute Resolution Process

   [RFC3777] names four cases where the dispute resolution process
   should be invoked.  None of the cases cover disputes between the
   NomCom and a confirming body.

6.4.3.  Constitutional Crisis

   It is possible for either the Nomcom or a CB to wedge the process in
   a way where it cannot proceed.  The Nomcom can refuse to select a
   candidate.  A CB can refuse to either confirm or reject a proposed
   candidate.  It's unlikely that it would make sense to provide an
   arbiter the powers to override either of these decisions.

   Ultimately, we're dependent on the good will of both the Nomcom and
   CB in the completion of the nominations process, and such good will
   should be encouraged.  The maxim is that "good fences make good
   neighbors" - in this case, a better delineation of expectations
   between the Nomcom and the CB is probably the best defense against a
   future "Constitutional Crisis".





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7.  Security Considerations

   This specification describes issues with the current IETF Nominating
   Committee process ([RFC3777]).  No security considerations apply
   beyond those discussions regarding confidentiality of NomCom
   deliberations.


8.  IANA Considerations

   No IANA actions are requested in this specification.


9.  Contributing Authors

   o  2006-2007 Andrew Lange
   o  2005-2006 Ralph Droms
   o  2004-2005 Danny McPherson
   o  2003-2004 Richard Draves
   o  2002-2003 Phil Roberts
   o  2001-2002 Theodore Ts'o
   o  2000-2001 Bernard Aboba
   o  1999-2000 Avri Doria
   o  1998-1999 Donald Eastlake 3rd
   o  1997-1998 Michael St. Johns
   o  1996-1997 Geoff Huston
   o  1993-1994 Fred Baker


10.  References

10.1.  Normative References

   [RFC3777]  Galvin, J., "IAB and IESG Selection, Confirmation, and
              Recall Process: Operation of the Nominating and Recall
              Committees", BCP 10, RFC 3777, June 2004.

10.2.  Informative References

   [RFC2027]  Galvin, J., "IAB and IESG Selection, Confirmation, and
              Recall Process: Operation of the Nominating and Recall
              Committees", BCP 10, RFC 2027, October 1996.

   [RFC5078]  Dawkins, S., "IAB and IESG Selection, Confirmation, and
              Recall Process: Revision of the Nominating and Recall
              Committees Timeline", RFC 5078, October 2007.





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Authors' Addresses

   Spencer Dawkins (editor)
   Huawei Technologies (USA)

   Phone: +1 214 755 3870
   Email: spencer@wonderhamster.org


   Danny McPherson
   Arbor Networks, Inc.

   Email: danny@arbor.net






































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Full Copyright Statement

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