[EC-NCSG] Fwd: How is Organization funded?

Milton L Mueller mueller
Fri Jun 22 18:40:50 EEST 2012


Hi, Klaus
Yes, indeed, Robin is correct that these kinds of discussions should take place among the entire EC.

On the funding issue, I think you may be overreacting. We don't ask for detailed financial reports, at least I have never looked at one. Mainly it has to do with getting some idea about the noncommercial mission of the organization.

On the confidentiality issue, all U.S. nonprofits have to file IRS form 990s which reveal a lot about their finances, and that is public information. I don't know about other countries, though.

We all understand, I think, that many noncommercial organizations get donations from corporations, or supplement their income selling T-shirts or providing certain kinds of services. If there are doubts about the status of an organization and some of the information we have raises or resolves those doubts, it is good to know.


From: ec-ncsg-bounces at ipjustice.org [mailto:ec-ncsg-bounces at ipjustice.org] On Behalf Of Robin Gross
Sent: Friday, June 22, 2012 10:55 AM
To: ec-ncsg at ipjustice.org
Cc: Klaus Stoll
Subject: [EC-NCSG] Fwd: How is Organization funded?

I've received a few emails like the one below in the last couple of days that have been sent to me personally, when really they should be sent to the entire NCSG Executive Committee, since these matters are about NCSG-EC work and decisions of the entire EC.

So please remember to send emails like the one below to the entire NCSG-EC list for discussion - not just me personally.

As to the issue raised below however, I need to be provided with the analysis that came to the conclusion the question is illegal.  A threat alone isn't enough to inspire me.

Thank you,
Robin

Begin forwarded message:


From: "Klaus Stoll" <klaus.stoll at gkpfoundation.org<mailto:klaus.stoll at gkpfoundation.org>>
Subject: How is Organization funded?
Date: June 22, 2012 2:17:13 AM PDT
To: "Robin Gross" <robin at ipjustice.org<mailto:robin at ipjustice.org>>
Cc: "Alain Berranger" <alain.berranger at gmail.com<mailto:alain.berranger at gmail.com>>

Dear Robin

Greetings and I hope this email finds you well.

I am sorry, but I have to inform you that after extensive consultation with NPOC colleagues, NGO representatives, legal experts and ICANN, I have come regrettably to the conclusion that the question  How is Organization funded? on the NCSG registration form is unacceptable and not justifiable. The simple reason is that there is no direct relationship between how an organization is funded and its non-commercial status. Many non-commercial organizations engage in commercial activities in order to assure their sustainability. In addition it can not be expected by organizations to freely disclose their funding sources to NCSG in order to determine their non-commercial status, (for which the question as stated before is completely irrelevant), without legal protection and complete confidentiality of the data.

As long as this question is contained, NPOC can not responsibly register NCSG and NPOC members. I have informed ICANN staff verbally about this very regrettable situation and if during the Prague meeting there is no solution to this issue I will proceed informing ICANN in writing and requesting solution.

I can assure you that myself and NPOC have not taken this position lightly or in order to create new frictions, but this point is simply too important to be overlooked.

In the hope that the question will be removed from the form soonest and that NPOC will be finally able to register NCSG and NPOC members. The current situation clearly affects NPOC's ability to recruit, function and represent its members and therefor weakens ICANN as a whole.

Yours,

Klaus

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