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mooncat
Grex Board of Director's Meeting: Sept 10, 2004 Mark Unseen   Sep 13 03:06 UTC 2004

Attending Board Members: Mary, Slynne, Mooncat, Gelinas, Aruba, and 
Bhoward

Attending Non-Board Members: Steve, Remmers

Meeting began as informational as initially quorum was not achieved

1.      Informational meeting started at 7:30
2.      Treasurer s Report- on hold
3.      Staff Report- recently had too exciting of a time. One of the 
original disk drives from 97 died (hence Grex being unavailable). Boot 
disk was affected, root disk lost 25 sectors, kernel came up- as soon 
as it tried to do anything else it failed. Once staff was able to copy 
a boot disk they were able to recover everything we need to. Didn t 
lose any accounts. The delays in restoring Grex were caused by staff 
being blocked and having to wait for each other- problems at first 
creating a boot disk, then there was a delay in getting a replacement 
disk back to the Pumpkin. The password save system worked flawlessly, 
so even though there had not been a regular back-up done recently the 
password safeguard worked as it was supposed to so none of that 
information was lost. A follow-up issue is for Steve (he volunteered) 
to take a look at the tape drive. The last tape back-up is from 2003, 
at that time Kip ran into a problem (unsure if it is mechanical or 
procedural). Steve will be looking into this and create a back-up. 
Since the crash there has been a problem with Backtalk crashing when 
searching through conference  hot lists  Next Grex- currently running 
OpenBSD 3.5, needs to be upgraded to 3.6. Mail problem- need to get XIM 
up and running, to get Spam Assassin to work, and figure out what s 
going on with Backtalk and Fronttalk. Mentioned that staff needs to 
have a meeting ASAP. Discussion as to what people thought the minimum 
needed would be to make NextGrex available- discussed- Backtalk & 
Fronttalk, possibly using Old Grex for mail processing, Newuser 
(because of its connections to the password file). So Next Grex MUST 
have- Conferencing: command line & web, Mail (with spam filters to the 
extent we have now), login, party.
(during this Aruba entered, next Bhoward was able to call in- 
experienced some technical difficulties.)

2.      Treasurer s Report: In August $153 in, $375 out. No new 
members. September has been the last month  in the red  for the last 
couple of years, so hopefully things will turn around. So far in 
September we have taken in $150.  Additisonally, Aruba moved, sent 
change of address to the state- they sent a letter back saying that he 
cannot sign the form either the chair or secretary has to- Slynne 
signed. Form will be sent back with $5 fee.

-       Entered Executive Session to discuss a legal matter.

4.      Next Meeting: October 22nd, 7:00pm at the Remmers.
5.      New Business: No
6.      Adjourn: 9:00 pm
58 responses total.
aruba
response 1 of 58: Mark Unseen   Sep 13 12:56 UTC 2004

Thanks for the minutes, Anne.  The reason we needed to send a change of
address to the state is that I am Grex's registered agent, and my house is
the registered office.  (Every corporation needs a registered agent and
office in the state in which it's incorporated.  The office can't be a PO
Box.)  So since I moved over the summer, we needed to change the registered
office.
mooncat
response 2 of 58: Mark Unseen   Sep 13 14:05 UTC 2004

Right, I meant to explain that, I'm sorry.
aruba
response 3 of 58: Mark Unseen   Sep 13 16:28 UTC 2004

The executive session the board went into was to discuss a subpoena we
received from a law enforcement agency, relating to a particular user
account.  The board read over the subpoena carefully, and agreed to comply
with it.  We have now done so.
tod
response 4 of 58: Mark Unseen   Sep 13 18:07 UTC 2004

So they are finally going to investigate the vandalism by Valerie, eh?
happyboy
response 5 of 58: Mark Unseen   Sep 13 18:08 UTC 2004

/cues "Outside the TRains Don't Run On Time" for janc
tod
response 6 of 58: Mark Unseen   Sep 13 20:53 UTC 2004

/cues "Gone Fishin" by Taj Mahal
happyboy
response 7 of 58: Mark Unseen   Sep 14 01:16 UTC 2004

YES!!!
richard
response 8 of 58: Mark Unseen   Sep 18 02:54 UTC 2004

#3...aruba, for the sake of all the rumor mongers assuming things, what
exactly was the action the board had to take in order to comply with the
subpoena?  I believe full disclosure will prevent people from assuming things
;.
spooked
response 9 of 58: Mark Unseen   Sep 19 03:15 UTC 2004

It was nothing too exciting.  And, when the court process is completed,
I'm sure we can tell you the not so big story.

richard
response 10 of 58: Mark Unseen   Sep 20 00:20 UTC 2004

If it is not so big a story why the secretiveness?  most companies disclose
legal actions against it in their minutes or annual reports as a part of
fiduciary responsibility.  If Grex is going to have to spend funds, or
otherwise expend resources, human or otherwise, defending itself in court,
everything ought to be above board.  Saying "we'll discuss it when the court
process is completed" is the sort of thing shady ceo's say to avoid the
company taking heat before it has to.  Grex isn't big enough, important
enough, or anything of the like, to justify such secrecy.  Just say what it
is.
spooked
response 11 of 58: Mark Unseen   Sep 20 01:05 UTC 2004

Richard, I'm not going to offer any more information at this time.  I will
make this point, however, the court action is not against Grex or its
principles.  Stay relaxed 'cause we're not expending great amounts of
money or people resources on this at all.  It will all become clear when
the court process is completed.  We are only remaining quiet on the
specifics of the case because we have been asked to do so by the
authorities.  Would you like us to pervert the course of justice to
meet your needy curiousity this minute?  Not likely, so quit it.

slynne
response 12 of 58: Mark Unseen   Sep 20 01:38 UTC 2004

Really Richard, we are not posting the specifics of the subpoena 
because we have been told not to. We will disclose any information we 
can at a later date. 
richard
response 13 of 58: Mark Unseen   Sep 20 02:19 UTC 2004

#12...WHO told you not to discuss it?  It has never been stated that the
board has requested or retained any official legal advice.  

But anyway, just in general terms, is the reason somebody said not to
discuss it openly because compliance with the subpoena by staff, would
require staff to do something the membership already voted (maybe even
more than once) to NOT do? Under what circumstances can staff unilaterally
choose to undertake an action that directly countermands the stated wishes
of the membership?  And how ethical would it be for staff to comply in
this fashion without requesting another member vote to authorize it?

And if I'm way off base on what this is about, well this is what happens
if you choose not to discuss things.  It is better to be open about
everything.  I would suggest that whoever SUGGESTED that the board not
talk about this subpoena was simply offering bad advice.  
gelinas
response 14 of 58: Mark Unseen   Sep 20 02:33 UTC 2004

As usual, Richard, you are spouting shit.
richard
response 15 of 58: Mark Unseen   Sep 20 03:10 UTC 2004

As usual Gelinas, you can't respond to the substance of a post and 
instead resort to insults.  I *said* that if I was off base, that is 
the result of the lack of information being given.

Think about it?  What would be the reason that the board gets a legal 
subpoena and they decide not to discuss it?  Logically, you'd think 
the most likely explanation is that the action the board, or the staff 
at the board's request, would have to take to comply with this 
subpoena, MIGHT upset some people.  "So lets keep it quiet until the 
deed is done, and then people can complain all they want because it 
won't matter"

Grex is supposed to be a place where everything is run openly.  I 
think if a law firm has requested copies of deleted items, or the 
undeletion of items, or has in any way, shape or form requested the 
altering, restoring or analysis of items posted on this board, then it 
is material to the people who posted in those items.  

And gelinas, don't tell me I'm spouting shit unless you are prepared 
to back it up, and you can't do that without talking about whats going 
on.  So put up or shut up.
slynne
response 16 of 58: Mark Unseen   Sep 20 03:18 UTC 2004

Richard, if you would like to donate money specifically earmarked for 
us to get legal advice about this subpoena so that we can determine if 
we should or should not comply with the request not to discuss the 
specifics about it, I will make a motion that we accept the donation 
and I will personally take this issue to the attorney of your choosing. 
However, Grex does not have a lot of extra money kicking around right 
now for legal fees and in the absence of any kind of legal advice, it 
is best for us not to disclose the particulars of the subpoena we 
received. I am sorry that bothers you. I can even understand why it 
would bother you. We will let you know everything at a later date. 

naftee
response 17 of 58: Mark Unseen   Sep 20 04:44 UTC 2004

This response has been erased.

naftee
response 18 of 58: Mark Unseen   Sep 20 04:48 UTC 2004

richard should sue GreX for witholding information from its members.
other
response 19 of 58: Mark Unseen   Sep 20 06:14 UTC 2004

Just to clarify, for those too dense to get it, the subpoena was 
from a law enforcement agency presumably investigating criminal 
activity, and the law enforcement agency requested that the material 
contents of the subpeona not be discussed in order to avoid 
hindering the investigation.

When the investigation is concluded and a case is brought, then 
discussion will not be able to affect the process.

The board has made the choice to comply with the gag request, 
presumably because of the threat of charges of interference with a 
criminal investigation if they do not.  

I believe this is a despicable act of government extortion and 
bullying, but the individual members of the board have to make this 
choice for themselves.  If it were me, I would want to know the 
nature of the investigation and what was at stake before deciding 
whether or not to honor the gag request, and purely on 
principle might not honor it as an act of civil protest against 
inappropriate governmental secrecy.  Keep in mind I say this knowing 
nothing of the actual content of the subpoena.
other
response 20 of 58: Mark Unseen   Sep 20 06:16 UTC 2004

Of course, if they were investigating polytarp for cyberterrorism, 
I'd do everything I could to implicate him and assure his 
prosecution and incarceration, but that's just because I love him.
mary
response 21 of 58: Mark Unseen   Sep 20 11:41 UTC 2004

Way too much drama here.  Way too much. ;-)
scott
response 22 of 58: Mark Unseen   Sep 20 12:24 UTC 2004

Richard, please let it for the moment.  I'm sure the board doesn't like the
gag order any more than you do.
mooncat
response 23 of 58: Mark Unseen   Sep 20 13:32 UTC 2004

Richard seems to be assuming that the Board had decided not to say 
anythig because of an attorney's advice, or because we don't want to, 
rather than as an act of compliance to an official request.
mfp
response 24 of 58: Mark Unseen   Sep 20 16:04 UTC 2004

I hope I'm not more involved with this than anyone else!
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