2012-08-01

initial guideline

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== Frequently asked questions ==

{{:Legal_and_Community_Advocacy/Foundation_Policy_and_Political_Affiliations_FAQ}}

== Introduction ==

This guideline addresses when and how the Wikimedia Foundation (“WMF”) should affiliate itself publicly on policy and political issues consistent with its [[Foundation:Mission statement|mission]]. Policy and political issues include public support for or against proposed laws and executive actions, online backing for political initiatives, and partnerships with organizations to promote shared policy and political positions. This guideline covers requests to and actions by the WMF; it does not address independent community responses and initiatives in response to policy or political issues.
This guideline is intended to cover only policy and political affiliations. It does not govern commercial and organizational relationships outside the policy and political context where the WMF is entering into a contractual relationship and allowing use of WMF trademarks for limited purposes in furtherance of the purposes of the contract. For example, a contract with a mobile company to provide users access to Wikipedia for free may allow the mobile company to display the Wikimedia logo in its promotion of services. This arrangement would not fall under the scope of this guideline.

WMF reserves the right to deviate from this policy depending on the circumstances. The General Counsel must approve any such deviation.

== Policy and Political Affiliations ==

This guideline addresses six types of policy and political affiliations, including (1) public endorsement or critique, (2) limited trademark endorsement, (3) collaborative advocacy, (4) promotional use of website assets, (5) movement partnership, and (6) monetary support. Each is described below along with its associated standard of review and notification relating to staff, community, and the Board of Trustees (“Board”).

=== Public Endorsement or Critique ===

We inform our community about a policy or political issue or highlight another organization's work to support or criticize a policy or political cause.

* ''Example: Blogging to highlight the work of the Center for Democracy and Policy in support of the rights of online editors.''

* ''Example: Summarizing on-wiki the weaknesses of a legislative bill affecting open source licensing.''

; Review and Approval

* '''Staff''': General Counsel (approval) and Head of Communications (consultation)

* '''Community''': General notice

* '''Board''': No review required

=== Limited Trademark Endorsement ===

We permit another organization to use our name and trademarks in a limited way to promote a policy or political cause.

* ''Example: Permitting Creative Commons to use our name and logo in a list of like-minded groups asking the Italian parliament to promote free licenses.''

* ''Example: Allowing Public Knowledge to issue a press release highlighting our support of their program to promote remedial orphan works legislation.''

; Review and Approval

* '''Staff''': General Counsel (approval), Chief of Finance and Administration (CFA) (approval), Head of Communications (consultation), and Executive Director (approval)

* '''Community''': Advocacy Advisory Group (consultation), RfC (consultation if time permits), and General notice

* '''Board''': No review required

''Note:'' A trademark license agreement will be required.

=== Colllaborative Advocacy ===

We collaborate with another organization to take action on a particular policy or political question.

* ''Example: Signing a petition started by the Electronic Frontier Foundation against Internet censorship.''

; Review and Approval

* '''Staff''': General Counsel (approval), CFA (approval), Head of Communications (consultation), and Executive Director (approval)

* '''Community''': Advocacy Advisory Group (consultation), RfC (consultation if time permits), and General notice

* '''Board''': Possible consultation

=== Promotional Use of Website Assets ===

We use Wikimedia website assets - such as banner space or a site black-out - to promote a policy or political cause.

* ''Example: Creation of a banner to ask users to defeat SOPA II.''

; Review and Approval

* '''Staff''': General Counsel (approval), CFA (approval), Head of Communications (consultation), Head of Technology (approval), and Executive Director (approval)

* '''Community''': Advocacy Advisory Group (consultation), RfC (consensus), and General notice

* '''Board''': Consultation

=== Movement Partnership ===

We promote a like-minded organization as a WMF “movement partner” because of a shared political or policy cause.

* ''Example: Public listing of an organization as a “movement partner” such as Creative Commons because of its political support for free licensing.''

; Review and Approval

* '''Staff''': General Counsel (approval), CFA (approval), Head of Communications (consultation), and Executive Director (approval)

* '''Community''': Advocacy Advisory Group (consultation), and RfC (consultation and possible consensus)

* '''Board''': Approval required

''Note:'' The creation of movement partners is pursuant to [[Foundation:Resolution:Recognizing Models of Affiliations|Board resolution]], so recognition is subject to the terms and conditions defined by movement roles.

=== Monetary Support ===

All requests for monetary support of policy and political affiliations should go through the [[Grants:Index|Wikimedia Grants Program]]. (No requests should go through the FDC process.)

; Review and Approval

* '''Staff''': General Counsel (approval), CFA (approval), Executive Director (approval), Head of Communications (consultation), and grant staff (approval)

* '''Community''': [[Grant Advisory Committee|Grant Advisory Committee]], Advocacy Advisory Group (consultation), [[Grants:Index/Requests|community review and comments]] on grant requests

* '''Board''': Possible consultation

== Review and Notification ==

As set out above in Policy and Political Affiliations, all policy and political affiliation requests must undergo some level of consultation, notice, review, or approval by the staff, the community, or the Board. This section describes in more detail such involvement.

=== Staff Review ===

Approval of a policy affiliation requires WMF staff review and approval:

; General Counsel: The General Counsel should approve all types of affiliation.

; Head of Communications: The Head of Communications should be consulted in all types of affiliation.

; Chief of Finance and Administration (CFA): The CFA should approve any policy affiliation potentially involving political and legislative activities (as explained below).

; Other Staff: Other staff may be consulted depending on the proposed policy and political affiliation. For example, the use of web banners would require approval from the Heads of Fundraising and Technology.

;Executive Director: The Executive Director may be required to provide final approval depending on the proposed policy and political affiliation.

=== Community Notification or Review ===

As listed above, different types of policy affiliations may need different types of community notification or involvement, such as:

; General notice: The Community is notified about the policy affiliation after a decision is made (through such channels as Announce-L or Wikimedia-L).

; Advocacy Advisory Group: Before a decision, the [https://lists.wikimedia.org/mailman/listinfo/advocacy_advisors Advocacy Advisory Group] is consulted for feedback and possible consensus. The Advocacy Advisory Group is a community group - managed by the Legal and Community Advocacy Department - interested in public and political issues and Wikimedia’s role in such issues.

; [[RFC|Request for Comment]] (RfC): Before a decision, an RfC is posted regarding the policy affiliation, either for consultation or consensus.

=== Board of Trustees Review ===

As listed above, certain policy affiliations may require different levels of Board involvement, such as:

No Board involvement

; Board consultation: The Executive Director and General Counsel informally consult the Board for advice regarding the policy affiliation before implementation.

; Board approval: The Executive Director and General Counsel submit the proposed affiliation for approval by a vote of the Board.

== Scope of Endorsement ==

=== The Wikimedia Mission ===

Policy and political affiliations should protect and advance Wikimedia’s [[Foundation:Mission statement|mission]] “to empower and engage people around the world to collect and develop educational content under a free license or in the public domain, and to disseminate it effectively and globally.” Accordingly, we will not support causes unrelated to or inconsistent with that mission. For example, no support should be given to:

* environmental issues;

* animal rights;

* anti-globalization;

* anti-war activism;

* religious activities; or

* political parties.

=== Political and Legislative Activities ===

At times, we must act or affiliate to oppose mission-threatening legislation. As a non-profit organization, our ability to participate in certain [http://www.irs.gov/charities/charitable/article/0,,id=120703,00.html political and legislative activities] is limited by IRS regulations.

==== [http://www.irs.gov/charities/charitable/article/0,,id=163395,00.html Political Activities] ====

* We cannot participate in political campaigns.

** No showing of bias or preference for or against a candidate for office is permissible.

** No contributions to political campaign funds are allowed.

==== [http://www.irs.gov/charities/article/0,,id=163392,00.html Legislative Activities] (Lobbying) ====

* At the federal level, there are serious restrictions on [http://www.irs.gov/charities/article/0,,id=225722,00.html lobbying], including “direct” and “grassroots” efforts:

** Direct lobbying consists of “attempts to influence a legislative body through communication with a member or employee of a legislative body, or with a government official who participates in formulating legislation.”

** Grassroots lobbying consists of “attempts to influence legislation by attempting to affect the opinion of the public with respect to the legislation and encouraging the audience to take action with respect to the legislation. In either case, the communications must refer to and reflect a view on the legislation.”

* There may be different restrictions for policy or political advocacy at the state level. Please consult the General Counsel.

* There may be laws on lobbying registration both at the federal and state level. Please consult the General Counsel.

* There are serious financial and other restrictions on legislative or lobbying activities. For that reason, approval by the General Counsel and the CFA is required.

== Notes ==

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