EOSAmericas (block producer 'eosamericas2') is bound by the EOS Mainnet Constitution, which is intended to be an interim document to govern until a permanent constitution is written and ratified by referendum (Article XX). We believe that there are elements that can be improved. We want to share with the EOS community our thoughts about changes we would seek in the constitution referendum process, should we be an acting block producer during the referendum.
Article I - No Initiation of Violence
“Members shall not initiate violence or the threat of violence against another Member. Lawful prosecution of crimes with the goal of preserving life, liberty and property does not constitute initiation of violence.”
Article I would be acceptable if all governments of the world were freely elected and did not abuse human rights. Sadly this is not the current state of the world. Just because prosecution of crimes might be legal under the laws of a given country does not mean that it is ethical or respects human rights. Therefore, we will seek to modify this language to only consider prosecution lawful if it emanates from a freely elected government, not accused of human rights violations by respected human rights organizations.
We recognize that agreeing on specific language for this point may prove challenging. However, we feel strongly about this point and will fight for protection from prosecution from illegitimate or inhumane governments.
Article X - Choice of Law
“Choice of law for disputes shall be, in order of precedence, this Constitution and the Maxims of Equity.”
While we support the ideals behind citing the Maxims of Equity as a guiding principal in choice of law, we are not convinced that it will be of any practical use. We will seek to find a more meaningful way to express this aim in the next constitution.
Article XII - Publishing
“Members may only publish information to the Blockchain that is within their right to publish. Furthermore, Members voluntarily consent for all Members to permanently and irrevocably retain a copy, analyze, and distribute all broadcast transactions and derivative information.”
We would clarify the constitution to disavow any penalty for publishing information that a Member does not have the right to publish and clearly place any penalties for such publication on the Member.
Article XV - Termination of Agreement
“A Member is automatically released from all revocable obligations under this Constitution 3 years after the last transaction signed by that Member is incorporated into the blockchain. After 3 years of inactivity an account may be put up for auction and the proceeds distributed to all Members according to the system contract provisions then in effect for such redistribution.”
We will open to debate the three year period for release of obligations to give the community a chance to express their thoughts.
Further, we will propose a more clear definition of “inactivity” and a holding term following three years (or whatever period the community agrees upon) where previous holders or their heirs will have the opportunity to reclaim their account assets lost to inactivity.
Article XVI - Developer Liability
“Members agree to hold software developers harmless for unintentional mistakes made in the expression of contractual intent, whether or not said mistakes were due to actual or perceived negligence.”
We think this is too generous to developers. There should be some level of negligence that becomes actionable.
We find all other Articles acceptable as written.
The full text of the interim EOS Mainnet Constitution is at: https://github.com/EOS-Mainnet/governance/blob/master/eosio.system/eosio.system-clause-constitution-rc.md
If you wish to support EOSAmericas as a block producer, our voting name is: 'eosamericas2'