[Owasp-leaders] OWASP Election

Larry Conklin larry.conklin at owasp.org
Thu Oct 8 18:26:01 UTC 2015


Ok I am going to throw my two cents in. I think I am restating some stuff
that has already been discussed.

I think there is more then one conversation concerning this email thread.




   1. Best structure for 44,000 members. This is an excellent point however
   the difference between 501(c)(3) and 501(c)(6) don’t really have much to do
   with this. Our internal structure does not have to change between the two.

   2. Second conversation is what are the differences between each type of
   501 organizations. A quick search on Google I came up with the following…



501(c)(3) This is the most common type of nonprofit. It includes
organizations that are religious, educational, charitable, scientific, and
literary; groups that test for public safety, that foster national or
international amateur sports competition; or organizations engaged in the
prevention of cruelty to children or animals.



501(c)(6)

These organizations are business leagues, chambers of commerce, real estate
boards, etc. They seek to improve business conditions. They apply using IRS
form 1024 and file annually the 990 or 990EZ.



A larger more in depth analysis can be found here…There are several law
firms that you can find the same discussion points…
http://www.nonprofitlawcenter.com/resDetails.php?item_ref=247



Here is an IRS pdf on 501(c)(6) organization…
http://www.irs.gov/pub/irs-tege/eotopick03.pdf Not really that dry.



Last but not least is wikipeda…
https://en.wikipedia.org/wiki/501(c)_organization#501.28c.29.286.29





I don’t have a clue about ramifications outside of the US.

On Thu, Oct 8, 2015 at 1:11 PM, Jim Manico <jim.manico at owasp.org> wrote:

> Gary,
>
> 501(c)6 is again for the promotion of its members as opposed to a
> community education focus. I estimate 25% of our active community will
> immediately leave if this change happens.
>
> The best publication that describes these differences in detail is this
> Feb 2015 IRS publication.
> http://www.irs.gov/pub/irs-pdf/p557.pdf
>
> There is nothing that says our work on publications and conferences cannot
> be part of a 501(c)3. We've gone through several audits which have been
> made public. But frankly I think we should be delivering free training at
> conferences as well as reduce our vendor relations and focus on charitable
> activities to be in more alignment with behaving like a charity.
>
> If you check out http://www.irs.gov/pub/irs-pdf/p557.pdf#page49 you'll
> see 501(c)6 defined as "... a nonprofit business league, chamber of
> commerce, real estate board, or board of trade...". I do no think we should
> be any of these. None are compatible with our current bylaws or activities,
> IMO.
>
> Anyhow, when it comes to voting for board members I'm looking to vote for
> those that serve the community not those that want to serve themselves.
>
> Aloha,
> --
> Jim Manico
> Global Board Member
> OWASP Foundation
> https://www.owasp.org
>
> On Oct 8, 2015, at 5:53 PM, Gary Robinson <gary.robinson at owasp.org> wrote:
>
> Thanks Simon for that site, for the sake of balance questions 5 & 6 are
> interesting:
>
> --------
>
> Q5: What are the functions of an IRC § 501(c)(3) organization?
>
> A5: The functions of an IRC § 501(c)(3) organization can be
> multitudinous. There are endless types of programs that serve charitable,
> educational, and like ends. Some are charitable because they serve a
> charitable class (see A3), such as advancement of education. The definition
> of the term charitable also includes advancement of science, promotion of
> health, promotion of the arts, lessening the burdens of government, and
> promotion of social welfare. Some of these functions are inherently exempt,
> such as conferences, publications, and research. These organizations may
> make grants in furtherance of charitable and like ends.
>
> Q6: What are the functions of an IRC § 501(c)(6) organization?
>
> A6: The typical functions of an IRC § 501(c)(6) organization are those
> which serve its members. Thus, they include conferences and seminars; trade
> shows; publications, such as journals, newsletters, and books; award
> programs; scholarship and fellowship programs; maintenance of a
> conventional library and/or a Web site; certification programs; research;
> community outreach programs; public relations programs; attempts to
> influence legislation; operation of a political action committee; and
> limited social activities.
>
> ------
>
> ... from that the later seems to suit OWASP better, with our conferences,
> publications, newsletters, web site, outreach programs, etc.  We don't
> really promote health, arts, social welfare (unless technology in those
> areas are going to get hacked).
>
> Am interested in what happens outside the US, do other countries have the
> same differentiation?  Or is this US only?
>
> Gary
>
> On Thu, Oct 8, 2015 at 4:35 PM, psiinon <psiinon at gmail.com> wrote:
>
>> From http://www.nonprofitlawcenter.com/resDetails.php?item_ref=247
>>
>> What is the purpose of an IRC § 501(c)(6) organization?
>>
>> A4: The purpose of this type of organization is to serve its members
>>
>> I dont think that what OWASP should be about - we should be all about
>> helping others (to be more secure) not about helping OWASP members.
>>
>> Q5: What are the functions of an IRC § 501(c)(3) organization?
>>
>> A5: The functions of an IRC § 501(c)(3) organization can be
>> multitudinous. There are endless types of programs that serve charitable,
>> educational, and like ends.
>>
>> OK, so I'm new to this legalise and definitely dont really understand the
>> differences, but that sounds much more appropriate for OWASP.
>>
>> Simon
>>
>>
>> On Wed, Oct 7, 2015 at 7:57 PM, Tom Brennan <tomb at proactiverisk.com>
>> wrote:
>>
>>> To be fair Jim OWASP is not a scientific research or a religious focus.
>>> It is focused on “trying to raise awareness for software security"
>>>
>>> This was discussed during the interview have a listen here
>>> https://soundcloud.com/owasp-podcast/owasp-board-interview-milton-smith-tobias-gondrom-tom-brannen
>>>
>>>
>>> I also wish to draw your eyes and those of the other members (660+ on
>>> this leaders list) to the legal review of 501(c)3 vs. (c)6 that are BOTH
>>> non-profit status
>>>
>>> http://www.nonprofitlawcenter.com/resDetails.php?item_ref=247
>>>
>>> This is not a GOP debate — this is a group of (9) people that are
>>> volunteering to help the organization continue to grow globally and locally.
>>>
>>> Tom Brennan
>>> 973-506-9304
>>>
>>> On Oct 7, 2015, at 2:47 PM, Jim Manico <jim.manico at owasp.org> wrote:
>>>
>>> Tom is trying to shift OWASP away from a charity to a 501c6 trade
>>> association.
>>>
>>> If you want to drop our charity and focus on vendor relations then vote
>>> for Tom.
>>>
>>> If you care about open source, serving the community, and our values of
>>> vendor neutrality and non-commercialism then please consider other
>>> candidates.
>>>
>>> --
>>> Jim Manico
>>> Global Board Member
>>> OWASP Foundation
>>> https://www.owasp.org
>>> Join me at AppSecUSA <http://appsecusa.org/> 2015!
>>>
>>> On Oct 7, 2015, at 1:42 PM, Tom Brennan <tomb at proactiverisk.com> wrote:
>>>
>>> OWASP Foundation Inc., announced the 2015 International Board of
>>> Director candidates and I am throwing my hat in the ring again.
>>>
>>> I am requesting your support and vote this October 7th 2015 – WHY ME you
>>> ask…. read, watch and hear the details here:
>>>
>>> http://www.proactiverisk.com/2016-owasp/
>>>
>>> Semper Fi,
>>> Tom Brennan
>>>
>>>
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>>
>>
>> --
>> OWASP ZAP <https://www.owasp.org/index.php/ZAP> Project leader
>>
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