[Advocacy Advisors] Freedom of Panorama

[Itzik Edri]

Thanks Geoff. I'll try to find time on Saturday to read more about it and
will reply again if I have more questions, but I think it worth to write
more detailed email about it to wider audience to clarify this sensitive
issues. I know many chapters talk eith us on the last year to get tips on
lobbying and legislation and we been asked to present it on next Wikimania.
I think that if for me it wasn't so clear, and i'm member and read almost
every email on all the non-tech lists (yeah, i need a shrink,  i know) so i
guess many others don't know it also.

Itzik

- Sent from my mobile device
On Dec 20, 2012 7:34 PM, "Geoff Brigham" <gbrigham at wikimedia.org> wrote:

> I will save Stephen here.  :)
>
> On Thu, Dec 20, 2012 at 8:30 AM, Itzik Edri <itzik at infra.co.il> wrote:
>
>> Thanks Stephen
>>
>> It's interesting issue and I don't know how many chapters or people from
>> the FDC\GAC are members here, so it may be better to have it also in a
>> wider community.
>>
>> 1. Why there is diffrent between what allow under money that comes from
>> the FDC and the GAC? I thought the problem is the WMF finance something
>> that is not legal under the U.S law - but it both of the cases the money
>> come from the same source.
>>
>
> Under U.S. law, we are required to track grant money for legislative
> activities (some of which are permitted within certain IRS defined
> parameters).  The Grants Program is used for project specific grants for
> such legislative activities; grants under that program are easier for us to
> track for U.S. IRS purposes.   The IRS is strict about this and we need to
> ensure close control on the use of the money.  The Grants Program provides
> that mechanism.   Chapters cannot use WMF grant money for legislative
> activities without approval from WMF (and that approval is provided through
> the Grants Program).  Before approving such a grant, WMF needs to ensure
> the grants fall within the tolerated parameters.
>
>>
>> 2. "Grants for such activities (when permitted under U.S. law and IRS
>> regulations)" - so, back again to the question - if in IL is legal to NGO
>> and non profit NGO to support lobbying such as what we did, and you say
>> that according to the U.S law - it's not allow - it mean that also the GAC
>> is not allow to finance it?
>>
>
> As the IRS links demonstrate (which Stephen sent out), non-profits can
> engage in some limited legislative activities but that engagement must be
> within certain parameters (including financial thresholds).   WMF is
> required to track the use of such grants for IRS purposes.
>
> Hope that helps, Itzik.
>
> Take care,
>
> Geoff
>
>>
>> Itzik
>>
>> On Thu, Dec 20, 2012 at 6:23 PM, Stephen LaPorte <slaporte at wikimedia.org>wrote:
>>
>>> On Thu, Dec 20, 2012 at 7:48 AM, Itzik Edri <itzik at infra.co.il> wrote:
>>>
>>>> Amgine, Of course the US law not apply on IL, but every entity that get
>>>> budget from the FDC confirm that he will not be involve in politics
>>>> lobbing. It seem that what is not consider political lobbing in Israel is
>>>> consider true in US, so we need to see that we not clash with the FDC rules.
>>>
>>>
>>> FDC funds may not be used for political campaign activity or lobbying,
>>> but lobbying activity may be covered by project grants from the GAC or
>>> other funding sources. Here is the line on the FDC request form:
>>>
>>> The term “political or legislative activities” includes any activities
>>>> relating to political campaigns or candidates (including the contribution
>>>> of funds and the publication of position statements relating to political
>>>> campaigns or candidates); voter registration activities; meetings with or
>>>> submissions and petitions to government executives, ministers, officers or
>>>> agencies on political or policy issues; and any other activities seeking
>>>> government intervention or policy implementation (like “lobbying”), whether
>>>> directed toward the government or the community or public at large. Grants
>>>> for such activities (when permitted under U.S. law and IRS regulations)
>>>> should be sought from the GAC.
>>>
>>>
>>>
>>> http://meta.wikimedia.org/wiki/Funds_Dissemination_Committee/Grant_application_form
>>>
>>>
>>> See also
>>> http://meta.wikimedia.org/wiki/Funds_Dissemination_Committee/Framework_for_the_Creation_and_Initial_Operation_of_the_FDC#General_versus_project_funding
>>>
>>> I cannot provide you legal advice, but I am happy to discuss the issue
>>> with you in detail if you are concerned.
>>>
>>> --
>>> Stephen LaPorte
>>> Legal Counsel
>>> Wikimedia Foundation
>>>
>>> *For legal reasons, I may only serve as an attorney for the Wikimedia
>>> Foundation. This means I may not give legal advice to or serve as a lawyer
>>> for community members, volunteers, or staff members in their personal
>>> capacity.*
>>>
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>>>
>>
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>
>
> --
> Geoff Brigham
> General Counsel
> Wikimedia Foundation
> 149 New Montgomery Street
> San Francisco, CA 94105
> +1 (415) 839-6885 ext. 6750
> gbrigham at wikimedia.org
>
> *California Registered In-House Counsel*
>
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