[Chapter-delegates] Renewal Internet Society Chapter Charter

[John More]

Veni

Some of what you ask is legitimate, but you are also leaping to legal conclusions that go well beyond the implications of signing or not signing this particle document.

John More

On Nov 18, 2013, at 12:50 PM, Veni Markovski <veni at veni.com> wrote:

> Hi, everyone. 
> In the beginning - please, read all my comments, as there's important question, concerning ALL chapters at the end. 
> 
> Isn't this something we already discussed?
> I am not quite following the list, but I thought that some weeks ago we talked about the fact that ISOC HQ requesting such a document from chapters around the globe, is a mistake. 
> I thought that someone has actually made the case why it is not possible - neither legally, nor from political point of view. 
> The suggestion that if a chapter cannot sign this document, it can become an organizational member is also strange - are org members now non-paying? I thought they pay some sponsorship to ISOC. Hope I misunderstood the concept?
> 
> Those, who have already signed a wrong document, are not good enough argument for the rest to sign it, too. 
> 
> I personally see no need to hurry, do you? (Of course, there is the personal moment - if such a requirement is in the quarterly goals of some people at ISOC?) 
> 
> I am afraid that the 23 chapters Ted says have agreed to the MPS, might not have checked with lawyers, or might not have understood completely what they are signing, or might have believed that they are signing a document, which has not importance whatsoever. And last, but not least, may be they come from countries, where signing such a document is not important. Note, that we still have not addressed with the ISOC membership database - the fact that on US territory, a US-based legal entity is keeping data for Europeans, at the same time, when ISOC itself is protesting against Prism, ACTA, TPP and other dangerous initiatives. 
> 
> I believe someone also asked on this list ISOC HQ to respond to the question: how can a chapter support the operating principles of ISOC? Is there a Board resolution, asking the staff to request this from the chapters? Now, I guess, we need to ask for some background information - who decided this is a requirement? How would it be enforced? What would happen, if it is not followed? Why would ISOC give its staff to waive any of the requirements? If there is a waiver, would it be more natural for the chapters to decide which ones of the requirements fit into their legal model and statutes, and thus solve the whole problem? Is it not more fair for the chapters to actually "waive", rather than for a staffer, who may not even understand the cross-cultural differences or the legal background. 
> 
> Hope this is helpful.
>  
> 
> On 11/18/13 12:19, Evan Leibovitch wrote:
>> Hi Ted, 
>> Hello everyone,
>> 
>> I don't have a problem with the intention of the document. However there may be some local obstacles, and the Canada Chapter has submitted the renewal document to our own legal review.
>> 
>> Specifically: non-profit orgs in Canada must have clearly stated objectives in their applications for incorporation. The Canada Chapter may - we likely will - have problems with local regulators if we legally obligate to objectives that are both foreign (ie. housed in Reston) and not completely known (what if ISOC HQ objectives and priorities change after we incorporate?)
>> 
>> The current core values of ISOC are hard coded into the Canadian bylaws and beyond controversy. It is reference to external, potentially volatile objectives that worries local regulators.
>> 
>> In this light, I would personally prefer that the "paper" link between chapters and HQ be in the form of a flexible partnership-based Memorandum of Understanding, rather than the current doc that more resembles a franchise agreement. An MoU approach offers the extra flexibility that chapters may require, to adapt the ISOC vision to best address local environments. It requires more mutual trust than a formal contract...  But really, without a heightened level of mutual trust, can we really achieve our shared goals as well as we need to?
>> 
>> Evan Leibovitch
>> President
>> Internet Society Canada Chapter
>> 
>> 
>> 
>> _______________________________________________
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>> Chapter Portal (AMS): https://portal.isoc.org
> 
> -- 
> 
> Best, 
> Veni Markovski
> http://www.veni.com
> https://www.facebook.com/venimarkovski
> https://twitter.com/veni
> 
> The opinions expressed above are those of the 
> author, not of any organizations, associated 
> with or related to him in any given way. 
> _______________________________________________
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