Hi Yair,

Yes board was informed in the process.

Plus when situation started a few days ago, board expressed full support
stepping up against that specific EO.





Christophe HENNER
Chair of the board of trustees
chen...@wikimedia.org
+33650664739

twitter *@schiste*        skype *christophe_henner*



On Mon, Feb 6, 2017 at 8:05 AM, Yair Rand <yyairr...@gmail.com> wrote:

> Would this action fall under "Collaborative advocacy" in the Foundation
> Policy and Political Association Guideline? The section refers to
> "collaborat[ing] with another organization to take action on a particular
> policy or political question". The example given is signing a petition by
> the EFF against Internet censorship. The required steps include (among
> other requirements) consultation with the Public Policy Advisory Group,
> along with getting consensus in a broader RfC except where time does not
> permit. I find it difficult to believe that this situation is so critical
> and urgent that an RfC in advance was impossible, so if it does fall under
> that section, the policy was yet again violated. Frankly, I don't believe
> that an RfC would pass in the first place. If you've been following the
> earlier thread, you may be aware that there is increasing alarm at the risk
> of the movement being hijacked by political interests, and this new action
> is not helping matters.
>
> This was a unilateral political actions in a sensitive area without prior
> discussion. The Guideline does say that the WMF may deviate from the policy
> if specifically approved by the General Council, although I don't know why
> deviating would be warranted here. Was this done here? Who was involved in
> the decision? Was the Board consulted, as suggested by the guidelines
> (although as an "Optional" step)? Or was it simply considered to not fall
> under the policy at all? Is the guideline still in effect, or was it
> eliminated or changed without the document on Meta being updated?
>
> The amicus brief specifically challenges the refugee suspension, among
> other areas. Is this topic considered to be within the WMF's goals, or was
> bringing the WMF into an irrelevant political battle considered simply an
> unavoidable side-effect in the effort to protect WMF operations by means of
> national political intervention?
>
> [1] https://meta.wikimedia.org/wiki/Legal/Foundation_Policy_and_Political_
> Association_Guideline#Collaborative_Advocacy
>
> On Mon, Feb 6, 2017 at 1:10 AM, Michelle Paulson <mpaul...@wikimedia.org>
> wrote:
>
> > Dear All,
> >
> > Today, the Wikimedia Foundation joined with more than 90 other
> > organizations in filing an amicus brief[1] in State of Washington v.
> > Trump[2]
> > currently before the Ninth Circuit Court of Appeals of the United States.
> > This case challenges the recent executive order[3] issued in the United
> > States on January 27, 2017, which establishes immigration and travel
> > restrictions based on country of origin. Other signatories to the brief
> > include Facebook, Levi Strauss & Co., Microsoft, Mozilla, and Paypal. The
> > brief includes legal arguments against the order itself, and details the
> > real and immediate impact these restrictions will have on the Wikimedia
> > Foundation and other signatories’ staff, users, customers, and
> operations.
> > We expect it to be filed in other current and future cases challenging
> the
> > order, as appropriate.
> >
> > We know that the Foundation’s prior statement[4] on this executive order
> > has generated debate in the communities, on mailing lists and in other
> > forums. Some disapprove, with concern that the Foundation has taken a
> > political stance on behalf of the movement. Others approve, with concerns
> > about the impact of this order on the practicalities and values of open
> > collaboration and sharing. We would like to clarify our perspective on
> this
> > important issue.
> >
> > From our perspective, the implications of this order - and the urgency of
> > our response - are clear. Beyond the issue of the values of open
> > collaboration, this order will also have serious, tangible effects on the
> > Foundation and our ability to support the Wikimedia projects and
> > communities.
> >
> > From an operational standpoint, orders such as these may substantially
> > limit our ability to deliver on support for the global Wikimedia
> > communities. Much of the Foundation's work involves travel across
> borders.
> > We cross borders to develop and sustain strategic partnerships with
> > Wikimedia affiliates and free knowledge advocates. We travel to
> gatherings
> > and hackathons to support and collaborate with Wikimedians around the
> > world. We represent Wikimedia research and methodologies at conferences
> > with librarians and scientists from across the globe. We meet with
> > community leaders and board members internationally to exercise corporate
> > and community governance and execute strategic oversight.
> >
> > As the Foundation, we have an obligation to protect the Wikimedia
> projects
> > and ensure that they thrive in perpetuity. We are not a political
> > organization, but we are passionate about defending free knowledge, and
> the
> > conditions for its flourishing. We believe that the immigration and
> travel
> > restrictions posed by the executive order in question will have a
> > detrimental impact on the Foundation's mission and operations, as people
> > are unable to enter the United States or restricted from leaving because
> > they may not be allowed to return home. Board and committee meetings,
> > conferences, conventions, hackathons, and more may be affected by the
> > executive order in its current form, as well by the threatened extension
> of
> > restrictions to additional countries.
> >
> > It is our obligation to engage with issues that affect the Wikimedia
> > Foundation's capacity to support Foundation’s mission and the goals of
> the
> > Wikimedia movement. From freedom of expression to freedom of movement, we
> > will continue to do so, in service of our shared vision. You can read
> more
> > about the brief on the Foundation’s blog.[5]
> >
> > Best,
> >
> > Michelle Paulson
> > Interim General Counsel
> >
> > [1]
> > https://wikimediafoundation.org/w/index.php?title=File%
> > 3AAmicus_curiae_brief_of_Tech_Companies_%26_Orgs%2C_
> > Washington_v._Trump.pdf&page=1
> >
> >
> > [2] https://www.ca9.uscourts.gov/content/view.php?pk_id=0000000860
> >
> > [3] https://en.wikipedia.org/wiki/Executive_Order_13769
> >
> > [4] https://blog.wikimedia.org/2017/01/30/knowledge-knows-no-boundaries/
> > [5]
> > https://blog.wikimedia.org/2017/02/06/amicus-brief-immigration-travel-
> > restrictions/
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