not to nit-pick, but I've just re-read the ByLaws, and nothing in
there require member of the ESC to be Member of the Foundation.
"The Engineering Steering Committee [ESC] is composed of developers
who are appointed: they are not required to be elected, and the ESC
can be staffed by as many members as necessary. "
here is is 'members' as in member of the ESC, not Member as in Member of TDF.
"The ESC is neither an elective body nor an elected committee: it
provides technical guidance. It can be placed under administration by
the BoD; in this case, the BoD will have the power to appoint a new
ESC, in whatever manner it deems appropriate."
e.g. the BoD could appoint Linus Thorvald if it wants, regardless of
whether or not Linus filled a TDF membership request... or even is
eligible.
Granted that, since "The Engineering Steering Committee provides
technological guidance on strategic matters and, hypothetically, will
be composed of the Community's best engineers.", one could argue that
ESC member are expected to be eligible (modulo the 3 month waiting
period, and the 6 month 'moral' commitment 
) to TDF membership,
but they don't have to be effectively Member in good standing.
iow: the ESC composition could be announced independently of the
advancement of the work of the Membership Comity.
Norbert