[Owasp-leaders] Help and Pray for Nepal

Tobias tobias.gondrom at owasp.org
Fri May 1 22:33:55 UTC 2015


Dear Eoin,

I can inquire with our operations team and can ask for legal advise on 
that matter, but I am afraid and quite certain that things are not that 
simple. In fact, I am quite certain that by law all our funds are bound 
to our mission purpose as defined in our charity's bylaws.

Let me explain a bit:
If we were a for-profit organisation, we would have more freedom. But 
OWASP is a charity and the foundation has a specified mission and 
purpose. We can spend money on things within that purpose, but not 
outside of it. And giving to a disaster relieve fund would be outside of 
the OWASP mission as stated in our bylaws. (btw. that is also the reason 
why you basically never see any charity give to another that is not 
directly within its mission scope....)
Further, even if individual income is not explicitly dedicated to a 
project or single chapter, all money OWASP receives is for the purpose 
of our mission as our income is taxed under our status as a charity and 
the funds are mixed with donations etc. And furthermore, we have a 
fiduciary duty to make sure that all donations and money received are 
used for the designated purpose.

If an officer or a board member would redirect funds for purposes that 
are not in line with the OWASP mission, that person would indeed be 
personally liable for misappropriation, to the community, to our donors, 
to the state, to audits, etc.

As I said, I think it is commendable to donate for a good cause. And I 
do donate from my own money for such causes and btw. also for OWASP, 
which is also a good cause.

So my suggestion is that we, you, I and everyone who wants, donate from 
our own personal money for such good causes. That has two benefits: 1. 
we give more for good causes (because we are not attempting to redirect 
money from one charity to another, but give from our own money) and 2. 
we do not misappropriate funds away from the OWASP charity and risk 
loosing our designation or that we could face serious charges of fraud 
and misappropriation of funds for the organisation and the responsible 
officers and staff.

I hope this explanation is clear enough. I am not a lawyer, but I have 
encountered this question before and I try to recite the reasoning as 
good as it has been explained to me in the past.

Hope that helps. And please feel encouraged to donate to other charities 
for disaster relief and more to help our friends in Nepal and many other 
places around the world. I definitely will do so. And hopefully others 
will, too. There is still so much to be done.

With warm regards,

Tobias




On 01/05/15 12:25, Eoin Keary wrote:
> Tobias, I'm certainly happy for OWASP to donate edgescans 2015 
> corporate membership funds and also Appsec 2015 silver sponsorship 
> funds to a good cause like Nepal. I don't think such funds are 
> ring-fenced in any way.
>
>
> Eoin Keary
> BCC Risk Advisory - edgescan
> CTO
>
>
> On 1 May 2015, at 00:46, Tobias <tobias.gondrom at owasp.org 
> <mailto:tobias.gondrom at owasp.org>> wrote:
>
>> Hi Eoin,
>>
>> my heart and thoughts go out to the victims of this tragic disaster 
>> and their families. And I will donate from my own money to the 
>> relieve programs and encourage others to follow that example.
>>
>> But I do not believe, we as OWASP can use money donated to OWASP for 
>> the purpose of the OWASP mission and re-donate for another purpose. 
>> The funds we receive have been given to us for the sole purpose of 
>> the OWASP mission and it can create serious legal problems if we 
>> would attempt to re-purpose funds donated to OWASP for another task.
>>
>> So my suggestion is that people should donate to the helping charity 
>> organisations individually. Maybe you like to do so, too?
>>
>> And if there are OWASP activities that are in line with our OWASP 
>> mission that could help our friends in Nepal through that, we should 
>> consider doing them. Maybe you have some practical ideas. Maybe there 
>> is an open source team that can help with some ideas or code a 
>> project for the rebuild. Or in a couple of months when Nepal is 
>> rebuilding, we host an OWASP chapter event and send a speaker to help 
>> rebuild activity in the Nepal security communities. Open for ideas.
>>
>> Best regards, Tobias
>>
>>
>>
>> On 30/04/15 22:01, Eoin Keary wrote:
>>> Whatever works. I believe money travels faster but helping is what 
>>> is most important..
>>> I'd like to see if we can get approval first from the foundation?
>>>
>>> Eoin Keary
>>> BCC Risk Advisory - edgescan
>>> CTO
>>>
>>>
>>> On 30 Apr 2015, at 18:42, John Patrick Lita 
>>> <john.patrick.lita at owasp.org <mailto:john.patrick.lita at owasp.org>> 
>>> wrote:
>>>
>>>> Eion i agree +1, but if we Directly Buy Food and Water and Send 
>>>> them Directly to Nepal? we can Address the Goods one of our chapter 
>>>> in Nepal?
>>>>
>>>> On Thu, Apr 30, 2015 at 10:14 AM, Matthew Parsons 
>>>> <mparsons at parsonsisconsulting.com 
>>>> <mailto:mparsons at parsonsisconsulting.com>> wrote:
>>>>
>>>>     +1 I agree with donating the money.
>>>>     Matt
>>>>
>>>>     Sent from my iPhone
>>>>
>>>>     On Apr 30, 2015, at 11:50 AM, Eoin Keary <eoin.keary at owasp.org
>>>>     <mailto:eoin.keary at owasp.org>> wrote:
>>>>
>>>>>     I'd suggest the foundation donate €10,000 to the Red Cross.
>>>>>     I'm sure from memory the foundation has the funds.
>>>>>     Who's with me!!??
>>>>>
>>>>>     Eoin Keary
>>>>>     BCC Risk Advisory - edgescan
>>>>>     CTO
>>>>>
>>>>>
>>>>>     On 29 Apr 2015, at 17:47, Riotaro OKADA
>>>>>     <riotaro.okada at owasp.org <mailto:riotaro.okada at owasp.org>> wrote:
>>>>>
>>>>>>     Hello Leaders,
>>>>>>
>>>>>>     The Nepal chapter lead Gaurab Raj Pant has contacted me today,
>>>>>>     and told me their situation.
>>>>>>
>>>>>>     ================================
>>>>>>     As I’m sure you already know, a devastating 7.6 Richter scale
>>>>>>     earthquake hit Nepal on the 25th April 2015, at 11: 58 AM,
>>>>>>     destroying
>>>>>>     many historical landmarks, houses, roads and killing approx. 3725
>>>>>>     people in 48 of 75 districts in Nepal while the death toll still
>>>>>>     continues to rise.
>>>>>>
>>>>>>     Continued tremors are still being felt, meaning everyone is
>>>>>>     out on the
>>>>>>     open area where ever they can find. Should tremors continue
>>>>>>     (which has
>>>>>>     stopped for the last few hours) and if people are out like
>>>>>>     this, we
>>>>>>     are likely to see huge challenge of basic supplies like water
>>>>>>     and also
>>>>>>     major public health disaster. If tremors stop and people can
>>>>>>     go to
>>>>>>     their homes and their life, Kathmandu, for the most part,
>>>>>>     should be
>>>>>>     fine. Outside Kathmandu, the situation is severe. Thousands
>>>>>>     are now
>>>>>>     homeless, have lost all supplies to the quakes, students have
>>>>>>     passed
>>>>>>     away, and community members continue to cry out for help but
>>>>>>     to no
>>>>>>     avail. From what we have seen in our attempt to provide
>>>>>>     relief, there
>>>>>>     has been no effort from the government or other agencies in rural
>>>>>>     Nepal.
>>>>>>
>>>>>>     Please help Nepalese.
>>>>>>     ================================
>>>>>>
>>>>>>     And he and his family are safe so far, but living at tents in
>>>>>>     open space.
>>>>>>     People need Medical, Tents, Cloths, water purifier
>>>>>>     continuously, though
>>>>>>     Red Cross has fed these. As for chapter members, some could be
>>>>>>     connected safe but still some are not still connected, Gaurab
>>>>>>     said.
>>>>>>
>>>>>>     I do not have enough information to help them but I strongly
>>>>>>     encourage
>>>>>>     all of you chapter leads to find how to help Nepal's people
>>>>>>     and society
>>>>>>     from various ways.
>>>>>>
>>>>>>     Thanks,
>>>>>>
>>>>>>     Rio
>>>>>>
>>>>>>     -- 
>>>>>>     Riotaro OKADA
>>>>>>     OWASP Japan Chapter
>>>>>>     Leader
>>>>>>     _______________________________________________
>>>>>>     OWASP-Leaders mailing list
>>>>>>     OWASP-Leaders at lists.owasp.org
>>>>>>     <mailto:OWASP-Leaders at lists.owasp.org>
>>>>>>     https://lists.owasp.org/mailman/listinfo/owasp-leaders
>>>>>     _______________________________________________
>>>>>     OWASP-Leaders mailing list
>>>>>     OWASP-Leaders at lists.owasp.org
>>>>>     <mailto:OWASP-Leaders at lists.owasp.org>
>>>>>     https://lists.owasp.org/mailman/listinfo/owasp-leaders
>>>>
>>>>     _______________________________________________
>>>>     OWASP-Leaders mailing list
>>>>     OWASP-Leaders at lists.owasp.org
>>>>     <mailto:OWASP-Leaders at lists.owasp.org>
>>>>     https://lists.owasp.org/mailman/listinfo/owasp-leaders
>>>>
>>>>
>>>>
>>>>
>>>> -- 
>>>> Best Regrads
>>>> John Patrick Lita
>>>> _*Chapter Leader OWASP Manila*_
>>>> FB Page @OwaspManila <https://www.facebook.com/OwaspManila>
>>>> https://www.owasp.org/index.php/Manila
>>>> https://lists.owasp.org/mailman/listinfo/owasp-manila
>>>> <https://lists.owasp.org/mailman/listinfo/owasp-manila>
>>>
>>>
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>>

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