Legal request procedures

Recommended process for obtaining information

If you require IETF documents then please first search this site, the RFC Editor site, and our online document management system (Datatracker). If this is not sufficient for your needs, then you may request authenticated documents and other information directly from us. We have the ability to authenticate the content and publication dates of certain IETF documents, attendance at IETF meetings and working groups, correspondence via some IETF mailing lists, and other interactions with the IETF.

We encourage parties to request documents and information informally, without the issuance of a subpoena. In our experience, Declarations and Affidavits issued through the informal processes outlined below are admissible in most judicial and administrative proceedings (including U.S. federal and state court, the International Trade Commission (ITC,) and the Patent Trial and Appeals Board (PTAB)).

To make an informal document or information request, please complete this form.

Subpoenas (not recommended)

As noted above, document and publication date authentication can be provided via the informal channels outlined above. Nevertheless, if you elect to issue a subpoena to us seeking information through written interrogatories, we will oppose or seek to quash any interrogatories that are excessively broad, burdensome, unrelated to the litigation, or which seek information that is publicly available and do not require authentication.

To serve a subpoena on IETF, the following address for service of process must be used:

IETF Administration LLC
c/o IETF Secretariat
Association Management Solutions
39221 Paseo Padre Pkwy, Suite J
Fremont, CA 94538
USA

Depositions (not recommended)

It is almost never the case that information sought from us will need to be obtained via oral deposition. We have very few full-time employees, and many services are performed by external contractors. Appearing at and defending a deposition places an undue strain on our limited resources. Accordingly, we will oppose most deposition requests to the greatest extent possible.

In the event that a deposition is absolutely necessary, we will seek reimbursement of costs incurred by its contractors and counsel. If depositions are required, we request that videoconferencing be used to the greatest extent possible in order to reduce expense and inconvenience. If in-person depositions are required, please be advised that in most cases the personnel possessing relevant information regarding IETF documents and business records will be employees of contractors based in the Bay Area, CA. These depositions should be scheduled in the Bay Area, or by telephone or video conference.

Public Disclosure

Please be aware that we are an open and transparent organization, and all requests and subpoenas, together with our responses will be published.

Physical Documents

In some cases, it may be necessary for a party to obtain copies of physical IETF records and documents (e.g., meeting attendance records prior to mid-2012 and other non-digital documents). A related organization, the IETF Trust, has custody of certain physical meeting records. To request such documents, follow the procedures outlined above with respect to electronic IETF documents. IETF counsel will notify you if a separate request to the IETF Trust is required.

Subpoenas served on the IETF Trust should be delivered to the address specified above, but replacing the recipient with “IETF Trust”.

Fees

In order to defray administrative and legal costs associated with responding to requests for information and subpoenas, we charge modest fees and the recovery of expenses for responding to such requests. Each such request is time sensitive and involves the IETF Counsel and staff, to rapidly analyze and identify the means for satisfying the request. Often there is a need to retain outside counsel, especially in cases that might lead to depositions or court testimony.

A Schedule of Fees is an appropriate and reasonable means to recover costs associated with such efforts. Fees may be waived at the discretion of the LLC Board in the case of requests made by or on behalf of non-profit organizations, and in other unusual circumstances.

The Schedule of Fees is:

• $350 per subpoena or other legal request plus $50 per document and other requests for authentication of documents in a single case, such as Internet-Drafts, RFCs, and emails.
• An additional $500 per subpoena and other requests for authentication of documents requiring production of hard copy documents.
• In addition to the charges above, other expenses to include any extra legal fees from counsel, travel or other out-of-pocket expenses (e.g., out-of-town depositions or copying fees), such expenses to be cleared in advance with the requesting party.

These fees are subject to change.