[H-GEN] Constitutional amendments

[David Starkoff]

On Fri, 26 Jun 1998, Paul Gearon wrote:

> One thing I haven't heard back on was the suggestion of including the
> acceptance of digital authentication in the constitution.  I have no
> problems with people saying it's a bad idea, but no-one has commented on
> it at all.  Does _anyone_ have an opinion? 

I'm going to be drafting this thing.  Of *course* I have an opinion.  :-) 

As long as we're going to be moseying along as an unincorporated
association, there's no problem with us providing for electronic proxies,
cryptographically authenticated.

Personally, I wasn't going to stipulate too much in the Constitution.  We
don't know what's going to happen in the future regarding cryptographic
technology, and there are other means of authentication besides PGP or
MD5.

But electronic proxies were definitely going to be included in the
constituion.  Basically, send a proxy to the Secretary up until 24 hours
before the meeting is due to start.  Secretary authenticates it.  Possibly
with PGP.  Possibly with MD5.  Possibly with some other whizz-bang
new-fangled cryptographic method.  Possibly by seeking confirmation.
Possibly by phoning you.  Possibly by seeing you in person.  This list is
almost endless.

But this isn't really the problem.

I'm more worried about if we get used to this --- and I'm sure HUMBUGgers,
being the computer savvy folks that they are will --- and we decide to
incorporate, what will happen then.

Being an incorporated association means that we're subject to certain
legislation.  And, in certain circumstances, this includes the
Corporations Law.

And, unfortunately, the legislatures, both Commonwealth and State, aren't
as forthright with respect to the introduction of technological
innovations as your typical HUMBUG member.  Similarly, all indications are
they they don't share our faith in cryptographic protocols.

I *think* that one of the provisions in the Corporate Law Review Bill,
before Federal Parliament at the moment, states that you can't proxy by
fax.  I'm pretty sure that there are no provisions with respect to other
forms of authentication other than a vanilla signature.

Although I believe that an incorporated association (under the
Associations Incorporation Act) is not subject to the Corporations Law for
most of its operations, it's still something to be aware of.  Before we go
rushing headlong into setting up a cryptographically secure on-line
polling booth for executive elections.

But, at the moment, electronic proxies are in.

David.
--
dbs at humbug.org.au | http://student.uq.edu.au/~s343905/

``For my part, I find the proposition an affront to commonsense.''
        -- Justice Callinan