Discuss mailing list

[Peter McCann <mccap AT freeovernetfoundation.org>]

On Tue, Dec 28, 2010 at 8:04 PM, Larry Brower <larry AT maxqe.com> wrote:
>> Courts do have the power to modify trust documents in certain
>> cases and can sometimes remove and appoint trustees.  They also
>> have the power to decide whether a trust is truly a charitable entity
>> (just saying so in your trust document is not enough).  Charitable
>> trusts have certain advantages over other kinds of trusts in that they
>> can exist in perpetuity.
>>
>
> Perhaps OpenNIC should consult an Attorney prior to creating any type of
> entity just to ensure that nothing is overlooked that could turn around
> and bite the organization at a later date. As the courts are fond of
> pointing out "Ignorance of the law is not an excuse"

Definitely a good idea.  Perhaps someone at the EFF would be
willing to do a pro-bono review of any incorporation/trust documents?

>> The ability to receive tax-deductible contributions is something that
>> the IRS decides on a case by case basis.  The easiest way to get
>> their approval is by chartering a 501c3 corporation but then you get
>> yourself under government jurisdiction right from the start.
>>
>
> We could always consult a Tax Attorney or just outright as the IRS. Not
> to mention the Organization could be chartered in a different
> jurisdiction that has more lenient taxation laws.

The IRS will tell you to go the 501c3 route, which would require
putting certain disclaimers about not engaging in political activity
into the charter of the organization.  Personally, I think a group
like this will want to advocate on certain issues and perhaps even
endorse some candidates for office.

>> I think you are coming up against the fundamental tension between
>> privacy and accountability that will come up again and again.  Personally,
>> I think that people should be findable if they misbehave, but you need
>> an organization that will stand up and protect the anonymity of its members
>> when needed.
>
>
> There definitely should be accountability. And as the EFF has pointed
> out there should be a clearly defined data retention and destruction
> policy in effect.

Even ICANN has not come to grips with the WHOIS privacy issue.
How is OpenNIC going to set policies like this?  What are OpenNIC's
policies on the accuracy of WHOIS information, and under what
circumstances would it be disclosed to legal authorities?

-Pete