Create 2024-04-09 1stResponder.md

Override/2024-04-09 1stResponder.md

@@ -0,0 +1,125 @@
+# (ante) Legal Guild ^```09/04/2024 10:30am AWST``` 
+contingent on ratification of 1st Responder Protocol [^1]
+
+## GD ➡️ @everyone
+
+<details><summary>GD=governance dept, LG=legal guild", Le✂DAO={@drllau, ... }|Le⚔DAO</summary><br>
+
+@drllau actions and his (_un_)authorised agents ¡TBA! (subject to ratification) are severable from the actual DAO [^4]
+
+LG={@lawpanda(LIA) or nominee, ~~~@daolexa(MIA)~~~, ... eaglex(ex-LG)}
+
+␢DAO as per [forum](https://forum.bankless.community/t/temp-check-dao-purpose-consensus/10524/18?u=drllau)
+
+</details>
+
+````mermaid
+sequenceDiagram
+box transparent ␢DAO
+participant  GD
+participant  LG
+end
+actor Le✂DAO
+GD->>LG: Do you think we should continue as BanklessDAO or start over?
+note left of Le✂DAO: I tried multiple times to contact anyone in LG
+loop
+    GD->>LG: What are the consequences from your perspective if we start over, 
+    GD->>LG: What do you need to transfer from Discord, Notion etc.?
+end
+note over LG, Le✂DAO: I finally DM'd @daolexa and basically got told<br>"... decided to pause the meetings until further notice"
+GD->>LG: Comments or anything to add to the retro above?
+Le✂DAO-->Le✂DAO: pay when paid
+note over LG: 2-4 IP models noted {Lonely Planet, O'Reilley Media, ConsumerReports, ¿?}
+alt hub & spoke
+  note right of LG: Analogous to BanklessHQ but limited to Rep or Proj Offices
+  GD->>LG: Unincorporated JV (yay or nay)
+else umbrella brand
+  GD->>LG: GP vs LP
+  note right of LG: Formalisation of the headless brand originally envisaged
+end
+opt media co-operative
+  note left of LG: Requires discussion with all other depts as BANK token inadequate for task
+  LG-->GD: requirements of membership to common-use IP
+end  
+GD->>LG: Any other thoughts on your mind, anything?
+  Le✂DAO-->Le✂DAO: pay if paid
+  Le✂DAO->>GD: This strawman proposal
+````
+
+----
+# Strawman Proposal
+...  (contingent on acknowledgemnt of the documented protocol) in line with PD [timeframe]() [^3] On the 
+1. basis of the "First Responder [Protocol](https://en.wikipedia.org/wiki/First_responder)" and on the recognition that 
+2. I was a ␢DAO contributor under @eaglelex ~2-3 years ago (I wrote a brief on crypto law in AU/NZ); and 
+3. in the _prolonged absence_ of _any_ response within LG ... (I've been checking the LegalGuild meeting weekly);
+
+I wish to submit a private proposal [^4] to **disband the LegalGuild** and outsource functions to LexDAO [^5] on either (casemix funding): 
+- a **contingency** basis ... ␢DAO [^3] lodges tlBANK into LexDAO for emergency response to legal situation;
+- for a fixed rate of $BANK to LXCHAT [^6] (we don't have an economic token, LXCHAT is equiv to 15min consultation with a paralegal we in **convert** and provide as many hours as you deem fit to your ombuds office);
+- we have a formal _upskilling exchange_ ([timebanked](https://www.investopedia.com/terms/t/time-banking.asp#:~:text=Understanding%20Time%20Banking,regardless%20of%20the%20service%20rendered.)) where you send Dev or PM over and we force-feed them legal information up to Lvl1+ or Lvl2- (I'll spec out the skills later). This aculturation stage should build in resilience in case analgous event happen in the future.
+
+## Upskilling
+
+The should basically give all your business development path operators a basic paralegal-level understanding of the law (broadly defined but initially limited to [NAFTA](https://www.investopedia.com/terms/n/nafta.asp)) as applied to crypto and basic contract/tort/equity but globally upon ascension to DUNA status[^7]. The goal is _not to teach lawyers_, but to graft recognition of when to run to the ombudsman and get legal expert opinion. We've (putting on my LexDAO hat) got lawyers, legal engineers, and l'experts on tap to satisfy the full spectrum of needs rather than uncompensated sparsely staffed volunteers.
+
+----
+
+## Background to the Protocols (Supplementary info not immediately relevant to short-term action)
+
+![First Responder Protocol and decision framework](https://www.schlockmercenary.com/strip/7279/0/schlock20200516ab.jpg?v=1589392786535)
+
+
+[^1]: First Responder Protocol<br>
+Every protocol is based a fundamental premise, the **social** compact for subsequent agreement. Even the laws of armed conflict have force in situation on the antagonistic spectrum of contractual relationships. In the case of the web3 equivalent, it is based on: 
+- in-situ assessment (local information is more accurate than remote);
+- replacement-substitution of the 1st respnoder would (in the absence of a superior protocol) would lead to unnecessary deaths or damage due to delay (this could have been seen in the Fukishima nuclear plant);
+-  thus in battlefield situations or emergency conditions (which optimaly should be pre-defined) the [brevet](https://en.wikipedia.org/wiki/Brevet_(military)) field promotion
+-  this means than even when a higher rank arrives, the chain of command is respected in the (temporary) advancement of the 1st responder. This has pragmatic effect of avoiding rank upstaging and the necessary pause while the nominally superior grasps all the intricicies to date;
+-  rigid definitions are appled to the scope of emergency powers, and conditions under which powers revert back, and the legal liabiities during the emergency;
+-  this has theoretical basis in the Cynfine framework which in a [chaotic](https://en.wikipedia.org/wiki/Cynefin_framework) situtation, the prescribed sequence is `Act` ➡️ `Sense` ➡️ `Respond`
+- this rule of auto-promotion is enforced rigorously because otherwise the emergency➡️SNAFU may involve multiple personel, often mutually antagonist, and prior conflicts would re-emerge or excessive caution taken for fear of post-action blame allocation.
+
+[^2]: The various laws tend to avoid emergency personnel or off-duty staff from refusing to act (non-feasance has lower costs than _possible_ misfeasance). These might be termed [Good Samaritan Laws](https://en.wikipedia.org/wiki/Good_Samaritan_law) or implied duty to act. They stem from the blibical concept for a Christian, it is not just a sin to do "wrong" (for whatever variant of this) but also a sin not to act when "evil" (however variously defined) happens and they have the moral decision to act. This may not necessarily be [pleaant](https://en.wikipedia.org/wiki/Civil_disobedience) but its is not a strict economic analysis of balancing whether not to act outweighs the penalties of acting wrongly. However, there are also certain limits which conform to the sequence
+````mermaid
+journey
+  title The Cynfine act-sense-respond
+  Section Act (drllau)
+    4 IP models: 3: me
+    Proposal: 5: me
+    Triage dept/guilds: 1: me,GD
+    (30 Apr revert to @lawpanda upon his go-no-go): 5: 
+  Section Sense (drllau | Le✂DAo)
+    Work with dept/guilds to decide how to decide: 7: me, LG (seconded)
+    Frame the pro-cons within the proposed Double-Diamond: 9: bDAO
+    Futurology using the CSIRO voroscope technique: 5: me, PD
+    (31 May quitclaim upon reinstatement of compentent personal eg @eaglex): 5: 
+  Section Sense (drllau | Le⚔DAO)
+    Pre-mortems on dept/guilds in undecided mode: 5: me, PD
+    Shape up or ship-out (with appropriate empathy for all involved): 2: bDAO
+    Non-binding consideration of the final version of the strawman proposal: 6: me, bDAO
+    (30 Jun emergency ends and reversion to business as usual): 5: 
+````
+
+[^3]: The question comes when the protocol descalates and the brevet promotion reverts to normal status (in my situation lvl4 DAOsiger as [certified](https://github.com/lexDAO/Legal-Engineers?tab=readme-ov-file#lexdao-legal-engineers-%EF%B8%8F-1q2024) legal engineer specialising in [IP](https://discord.com/channels/682960432272506907/931652879385767987)/IT/ID law). I have zilch desire to be [mayor](https://forum.bankless.community/t/plan-for-inclusion-of-guilds-departments-and-individual-bdao-members-in-restructuring-the-dao/10625/2?u=drllau) and would gladly turn over proceedings (on provision adequate compensation for emergency callout) during the `Sense` phase to @lawpanda or his nominee and with the equivalent of @eaglex implement the triage including recovering any IP assets which have been misappropriated or ganked.
+
+[^4]: Clarification of legal status. LexDAO is an unincorporated non-profit association domiciled in Wyoming. Each member is autonomous (I'm based in AU not US) but under our [constitution](https://github.com/lexDAO/LexDAO-Constitution), we are:
+> LexDAO is a DAO, an unincorporated association of individuals, entities, associations and/or other persons or groups of persons who all agree to join together in a common purpose. 
+>
+and therefore is not a direct contracting party. Hence actions undertaken by myself, even if I draw upon the network of l'expert witin my personal network, have no binding effect on the UNA. However, there are discussions to upgrade to the wyoming [DUNA](https://a16zcrypto.com/posts/article/duna-for-daos/) which may provide an upgrade path for bDAO as individuals can become guests, working for membership (zero monetary cost), whilst being covered under:
+> Wyoming §17-32-108 (b)ii “Capacity to assert and defend; standing” based on germane criteria ... 
+which in this case would be lobbying or even legal action on bDAO's behalf to tidying up the mob of _economic refugees_.
+
+[^5]: As per [forum](https://forum.bankless.community/t/banklessdao-multisig-funding-pause-and-bdao-reorganization/10469/41?u=drllau) I emphatically emphasise that **LexDAO is not a law firm** and cannot give legal advice though it can source it through co-op of existing members. We do have access to advocacy skills such as via leXpunk Army but they share the same web3 journey but are not tied to LexDAO in any formal way except via overlap of common members.
+
+[^6]: BANK to LXCHAT. Acknowledging that the financial situatio of bDAO is perilous, we make need to come to some **barter** arrangement. Our internal calculations show that 15min of a lvl 2 paralegal (bare minimum to productively participate in LexDAO acitivites) is ~$20/hr which means 10kBank = 1 LXCHAT. This does not include the rack rate of lawyers (who have professional indemnity insurance) which can range from $150-800 USD depending on the skillset desired. This will only need to be discussed at the final stage.
+
+[^7]: The Wyoming DAO Unincorporated Non-profit Association is a daoified version of the previous UNA. We point out that whilst on surface it appears [similar](https://au.finance.yahoo.com/news/daos-beware-neo-imperialism-rise-144443927.html), there are some highly interesting [features](https://a16zcrypto.com/posts/article/duna-for-daos/), noteably:
+- membership is by **principle** and not as traditional paid-up membership
+- letters of **authorities** are the interface to the fiat/IRL agencies and your existing structure will need to conform
+- however, **Offices** can be global in that there's no reason for the GD or PM to be domiciled in the same city.
+
+[^8]:
+Billed to @daolexa as non-guild time to answer question which could have been answered by RTC **Strawman Proposal**
+![image](https://github.com/lexDAO/hackmd/assets/14944510/665aeb06-1316-4f87-8ea1-dd452b2b6de3)
+
+