[Owasp-leaders] The Final Leaked TPP Text Is All That We Feared | Electronic Frontier Foundation

Tom Brennan tomb at owasp.org
Tue Oct 13 22:39:57 UTC 2015


Alcon, Greetings from the active AppSec community in Munich Germany! Thank you Paul for the reminder and your insight can you tell us more about your experience and the result?

The recent hot button issue of 501(c)3 vs 501(c)6 that are both non-profit charities have bubbled to the top once again...  IMHO if you stand for something you will have people for you and people against you. But if you stand for nothing you will have nobody for you and nobody against you. In the end debate = results and by a majority vote is democracy.

Remember: 30-Jan-2014 there was a OWASP collective statement published approved by then current the board of directors by majority.
https://www.owasp.org/index.php/OWASP_Statement_on_the_Security_of_the_Internet_2014 

With strategic focus on strategic mission scope, funding a foundation website facelift and community metrics:/gamification we have can improve and move the ball in 2016

Don't become this example
http://youtu.be/l11sjuwHJCc 

Encouraging that there has been more activity on the board this month then the entire year http://lists.owasp.org/pipermail/owasp-board/2015-October/date.html  some good accomplishments -- 

Few more days left remember voting closes Oct 23rd  (9) candidates, pick (4) candidates for leadership by proxy https://www.owasp.org/index.php/2015_Global_Board_of_Directors_Election#Election_FAQ

*Note* Today's board meeting is LIVE and a good place for ANYONE to bring up new business or make a statement on the record about if OWASP should or should not be involved in such things as standing up for security in software as a professional association
https://www.owasp.org/index.php/October_14,_2015

Semper Fi,
Tom Brennan
973-506-9304

http://www.proactiverisk.com/2016-owasp/


> On Oct 13, 2015, at 11:29 PM, Paul Ritchie <paul.ritchie at owasp.org> wrote:
> 
> To the OWASP Leadership.
> 
> On the topic of 'Allowable Lobbying by a 501c3 Charitable group like OWASP
> 
> Just for clarity, and regardless of the outcome of this year's board elections, the OWASP community may do "some" lobbying and a greater share of 'Advocacy' without jeopardizing their nonprofit and 'charitable' status.  To determine "how much" is OK and how much is too much, the USA IRS has several tests on amount of time invested, and amount of money invested by the org.
> 
> Per the USA IRS webpage and rules:  https://www.irs.gov/Charities-&-Non-Profits/Lobbying
> 
> Lobbying  --  In general, no organization may qualify for section 501(c)(3) status if a substantial part of its activities is attempting to influence legislation (commonly known as lobbying).  A 501(c)(3) organization may engage in some lobbying, but too much lobbying activity risks loss of tax-exempt status.
> 
> Legislation includes action by Congress, any state legislature, any local council, or similar governing body, with respect to acts, bills, resolutions, or similar items (such as legislative confirmation of appointive office), or by the public in referendum, ballot initiative, constitutional amendment, or similar procedure.  It does not include actions by executive, judicial, or administrative bodies.
> 
> An organization will be regarded as attempting to influence legislation if it contacts, or urges the public to contact, members or employees of a legislative body for the purpose of proposing, supporting, or opposing legislation, or if the organization advocates the adoption or rejection of legislation.
> 
> P.Ritchie says:  This last paragraph describes an 'Advocacy' effort as opposed to a Lobbying effort.
> Organizations may, however, involve themselves in issues of public policy without the activity being considered as lobbying.  For example, organizations may conduct educational meetings, prepare and distribute educational materials, or otherwise consider public policy issues in an educational manner without jeopardizing their tax-exempt status.
> 
> If OWASP community agrees to proceed with drafting a Position Statement and Educational Materials.....at the time we want to take it from 'draft planning' to 'public distribution'.....we should engage legal counsel to help define 'how much' is acceptable, and 'when our efforts become substantial' and put our nonprofit charitable status in jeopardy.
> 
> I've been through this before  and I trust my experiences will add value to the OWASP efforts.
> 
> Paul
> 
> 
> Best Regards, Paul Ritchie
> OWASP Executive Director
> paul.ritchie at owasp.org
> 
> 
>> On Tue, Oct 13, 2015 at 1:45 PM, Tobias <tobias.gondrom at owasp.org> wrote:
>> I agree that this is an important issue. 
>> 
>> What should we do as next step? 
>> Would a statement from OWASP in that regard be the appropriate way to build awareness for this potentially problematic agreement text? 
>> Do Milton or Eoin maybe like to prepare a statement to run by the community and later release by OWASP? 
>> Are there other steps you think we could or should initiate? 
>> 
>> Best regards, Tobias
>> 
>> 
>> 
>> 
>>> On 13/10/15 22:34, Eoin Keary wrote:
>>> Milton, this is worth making a stand for.
>>> I hope you are successful in the OWASP board elections.....
>>> 
>>> Eoin Keary
>>> OWASP Volunteer
>>> @eoinkeary
>>> 
>>> 
>>> 
>>> On 13 Oct 2015, at 8:22 p.m., Milton Smith <milton.smith at owasp.org> wrote:
>>> 
>>>> A related article on TPP for everyone I found this morning.
>>>> 
>>>> TPP requires countries to destroy security-testing tools (and your laptop)
>>>> http://boingboing.net/2015/10/13/tpp-requires-countries-to-seiz.html
>>>> (article excerpt) "...order the destruction of devices and products found to be involved in" breaking digital locks... used to identify critical vulnerabilities in vehicles, surveillance devices, voting machines, medical implants, and many other devices in our world.
>>>> 
>>>> Among other things, this TPP provision includes destruction of security static/dynamic analysis tools.  It's difficult to know if these provisions will be adopted as written but I'm concerned it's on the table for discussion.  As written, TPP will hurt industry more than it will help.  Security researchers are not the problem.  The problem is vulnerable software.
>>>> 
>>>> Unfortunately, it will take politicians and rights holders years to learn from there mistakes.  Positive influence early in the policy making process will be beneficial for everyone including OWASP members.  I realize most OWASP members are not very interested in politics.  Still unfavorable laws and regulations will make security even more difficult than it is today.  Think of what it would mean if ZAP becomes illegal software.
>>>> 
>>>> --Milton
>>>> 
>>>> On 13 Oct 2015, at 9:49, Milton Smith wrote:
>>>> 
>>>>> I'm tracking TPP as well Tom.  Aside from favoritism for rights holders, there are some provisions negatively impacting security.  Wassenaar Arrangement is a disaster, crypto backdoors, etc.  Unwinding this mess will cause trouble for years.  Think of pass problems like ITAR.
>>>>> OWASP must begin investing to positively to influence security from the top down as well.
>>>>> --Milton
>>>>>> On 13 Oct 2015, at 1:40, Tom Brennan wrote:
>>>>>> Worth a read when you consider getting behind and lobbying for things that matter.
>>>>>> https://www.eff.org/deeplinks/2015/10/final-leaked-tpp-text-all-we-feared
>>>>>> Tom Brennan
>>>>>> 973-506-9304
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