rfc9680v1.txt   rfc9680.txt 
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[EC]. Fundamentally, antitrust or competition laws are designed to [EC]. Fundamentally, antitrust or competition laws are designed to
facilitate open, fair, robust competition, ultimately to benefit facilitate open, fair, robust competition, ultimately to benefit
consumers. consumers.
2.3. Overlapping Areas of Concern 2.3. Overlapping Areas of Concern
There are two overlapping areas of concern the IETF has in connection There are two overlapping areas of concern the IETF has in connection
with antitrust compliance: with antitrust compliance:
* Most acutely, the IETF cannot have anyone who is officially * Most acutely, the IETF cannot have anyone who is officially
representing the IETF, in any capacity, engage in anti-competitive representing the IETF, in any capacity, engage in anticompetitive
behavior and create liability for the IETF. behavior and create liability for the IETF.
* Additionally, the IETF cannot be a forum where participants engage * Additionally, the IETF cannot be a forum where participants engage
in anti-competitive behavior, even if direct liability for that in anticompetitive behavior, even if direct liability for that
behavior falls on those participants and not the IETF, to avoid behavior falls on those participants and not the IETF, to avoid
reputational harm to the IETF. reputational harm to the IETF.
3. Existing IETF Antitrust Compliance Strategy 3. Existing IETF Antitrust Compliance Strategy
Compliance with the BCPs and other relevant policies that document Compliance with the BCPs and other relevant policies that document
the established rules and norms of the IETF facilitates compliance the established rules and norms of the IETF facilitates compliance
with antitrust law, as the IETF structure and processes are designed with antitrust law, as the IETF structure and processes are designed
to mitigate antitrust risks. As a reminder, participants are to mitigate antitrust risks. As a reminder, participants are
required to comply with the following policies: required to comply with the following policies:
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particular network, technology, vendor, or user," as described in particular network, technology, vendor, or user," as described in
RFC 7154 [BCP54]. RFC 7154 [BCP54].
* The IETF's intellectual property rights policies as set forth in * The IETF's intellectual property rights policies as set forth in
BCP 78 [BCP78] and BCP 79 [BCP79]. These policies are carefully BCP 78 [BCP78] and BCP 79 [BCP79]. These policies are carefully
designed to "benefit the Internet community and the public at designed to "benefit the Internet community and the public at
large, while respecting the legitimate rights of others" (RFC large, while respecting the legitimate rights of others" (RFC
8179). 8179).
* The established conflict of interest policies, such as the IESG * The established conflict of interest policies, such as the IESG
Conflict of Interest Policy, the IAB Conflict of Interest Policy, Conflict of Interest Policy
or the IETF LLC Conflict of Interest Policy, if and when (https://www.ietf.org/about/groups/iesg/iesg-coi-policy/), the IAB
applicable. Conflict of Interest Policy (https://www.iab.org/about/conflict-
of-interest-policy/), or the IETF LLC Conflict of Interest Policy
(https://www.ietf.org/administration/policies-procedures/conflict-
interest/), if and when applicable.
4. Additional Recommendations 4. Additional Recommendations
The most important recommendation is for IETF participants to The most important recommendation is for IETF participants to
rigorously follow all applicable IETF policies as set out in rigorously follow all applicable IETF policies as set out in
Section 3. Section 3.
This section provides more information about: This section provides more information about:
* certain topics that are generally inappropriate for discussion in * certain topics that are generally inappropriate for discussion in
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<https://www.rfc-editor.org/info/bcp79>. <https://www.rfc-editor.org/info/bcp79>.
At the time of writing, this BCP comprises the following: At the time of writing, this BCP comprises the following:
Bradner, S. and J. Contreras, "Intellectual Property Bradner, S. and J. Contreras, "Intellectual Property
Rights in IETF Technology", BCP 79, RFC 8179, Rights in IETF Technology", BCP 79, RFC 8179,
DOI 10.17487/RFC8179, May 2017, DOI 10.17487/RFC8179, May 2017,
<https://www.rfc-editor.org/info/rfc8179>. <https://www.rfc-editor.org/info/rfc8179>.
7.2. Informative References 7.2. Informative References
[LLC] IETF Administration LLC, "IETF Administration LLC
Statement on Competition Law Issues", 28 July 2020,
<https://www.ietf.org/blog/ietf-llc-statement-competition-
law-issues/>.
[DOJ] U.S. Department of Justice Antitrust Division, "Mission", [DOJ] U.S. Department of Justice Antitrust Division, "Mission",
<https://www.justice.gov/atr/mission>. <https://www.justice.gov/atr/mission>.
[EC] European Commission, "Competition", [EC] European Commission, "Competition",
<https://commission.europa.eu/about-european-commission/ <https://commission.europa.eu/about-european-commission/
departments-and-executive-agencies/competition_en>. departments-and-executive-agencies/competition_en>.
[LLC] IETF Administration LLC, "IETF Administration LLC
Statement on Competition Law Issues", 28 July 2020,
<https://www.ietf.org/blog/ietf-llc-statement-competition-
law-issues/>.
[Whistleblower] [Whistleblower]
IETF Administration LLC, "IETF LLC Whistleblower Policy", IETF Administration LLC, "IETF LLC Whistleblower Policy",
<https://www.ietf.org/administration/policies-procedures/ <https://www.ietf.org/administration/policies-procedures/
whistleblower/>. whistleblower/>.
Authors' Addresses Authors' Addresses
Joel M. Halpern (editor) Joel M. Halpern (editor)
Ericsson Ericsson
P.O. Box 6049 P.O. Box 6049
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