Tools:

• Please join the Legal Entity Taskforce [Skype Chat Room|http://tinyurl.com/4ht8mw]
• Please join the discussion group: http://groups.google.com/group/dataportabilityorg
• Upcoming Conference Calls: May 12

Background

This taskforce was created to research and recommend options for the legal formation of a DataPortability entity. DataPortability was formed in November 2007, and has operated, for the last six months, as an informal group of individuals working together to evangelize, promote, and forward the cause of data portability.

Purpose:
The Legal Entity Taskforce's mandate is to research and propose recommendations for the formation of an overarching legal structure for the DataPortability Project.

Workgroup deliverables:

• Research Report: Provide the Steering Group with an in-depth research report on the various options available for the formation of a legal structure for the DataPortability Project
• Recommendation: Provide the Steering Group with a final recommendation for best short-term and long-term strategy for formalizing the DataPortability legal structure

Participation:
The Legal Entity Taskforce is chaired by Brady Brim-DeForest and falls under the purview of the Steering Group.

Anyone can participate in the workgroup.  To do so, you will be required to add your name to this page, including your location and availability (to facilitate meeting coordination). Then visit and join the DataPortability Legal Entity Taskforce discussion at: http://groups.google.com/group/dataportabilityorg

In the initial research phase, we need individuals to step forward to claim ownership over research areas. If you would like to take lead in a particular area, please indicate below.

The Task

The DataPortability Legal Entity Taskforce was formed after the April 21st Steering Conference call, and was tasked with researching and recommending options for formation of a legal entity for the DataPortability Project.

Specifically our task is to:

1. Research the available options for formation of a legal structure
2. Determine the pros and cons of those options
3. Determine the expense involved with each of those options
4. Develop a long-term plan for formation of a DataPortability entity
5. Make a final recommendation to the Steering Group

The Milestones

• April 28: Provide a table of milestones to the Steering Group for the Legal Entity Formation process
• May 5: Final List of Umbrella Organizations and Legal Entity Stuctures Announced
• June 1: Recommendation

The Tools

Key Questions:

The following questions should be answered with evidence of supporting precedent if possible, for each of the entity types and organizations under investigation.


General:
- Can the entity/legal structure hold IP (what types)? If so, how does it get in and back out?

- Can the entity hold funds? If so, how does it get in and back out?
 How easily can it be accessed?

Incorporation:
- What is the community perception of this legal structure? How do we assess it?

- Will this legal structure allow vendor adopters to participate in the DataPortability organization?

- Where (country and state/region) should we incorporate?
- What are the costs and requirements to incorporate?
- What are the costs and requirements to apply for non-profit status?
- What are the ongoing costs?


Umbrella Organizations:
- What reputation does the umbrella organization have within the community? How do we assess it?

- Will DP's relationship with this organization allow vendor adopters to participate in the DataPortability organization?

- Will DP's relationship with this organization compromise DP's sovereignty in any way?

- What are the requirements, and eligibility standards to become part of the entity?

- What does the application and qualifications process entail?
- What are the startup costs?

- What precedent is there for this entity to help organizations like DataPortability achieve their goals?
- What are the ongoing costs?


Request for Public Input:

As part of our due diligence process, we will solicit public comment on various topics relating to the formation of a legal structure for DataPortability. Some of these issue areas include:

- Community Perception of non-profit and for-profit entities
- Community Recommendations for Umbrella organizations
- What organizations have you had a good experience with?


Research

The following is a list of the options currently on the table. Please indicate your name after an option below if you wish to take lead on researching that legal structure. Please add any additional options below.

Entity Types

1. Incorporation:
   • For Profit:
     • Types: C-Corporation, S-Corporation, LLC
   • Non Profit:
     • Types:
       • 501(c)(3): Non-profit Public Benefit Charity
       • 501(c)(6): Non-profit Business league
2. Umbrella Organizations:
   • IEEE-ISTO:
     • Researcher: Brett McDowell
     • Link: http://www.ieee-isto.org/
     • Legal Structure: Non-profit 501(c)(6) Business league (NTEE Code: S41)
     • Requirements:
     • Documents: Bylaws
   • Internet Engineering Task Force (IETF):
     • Researcher:
     • Link: http://www.ietf.org/
     • Legal Structure: Organized activity of ISOC
     • Requirements:
   • Tides Center (TC):
     • Researcher:
     • Link: http://www.tidescenter.org/
     • Legal Structure: Non-profit 501(c)(3) Public Charity (NTEE Code: W99, R99, S99)
     • Requirements: Qualifications
   • World Wide Web Consortium (W3C):
     • Researcher: Harry Halpin, Dan Brickley
     • Link: http://www.w3.org/
     • Legal Structure: Unknown
     • Requirements:
     • Additional information: Potential Relationship to W3C
   • Internet Society (ISOC):
     • Researcher:
     • Link: http://www.isoc.org/
     • Legal Structure: Non-profit 501(c)(3) Public Charity (NTEE Code: W01, W05, W12)
     • Requirements:
   • Identity Commons (IC) (Please click to read additional information)
     • Researcher: Drummond Reed, Kaliya Hamlin
     • Link: http://www.idcommons.net
     • Legal Structure: Non-profit of an Unknown Type
     • Requirements:
   • Harvard Berkman Center for Internet and Society (BC) (Please click to read additional information) #** Researcher: J. Trent Adams, Brett McDowell
     • Link: http://cyber.law.harvard.edu
     • Legal Structure: Being defined, similar to structure of IEEE-ISTO option.
     • Requirements: Being defined
     • NOTE: This is very much a work in progress.  Only had one conversation between Trent, Brett, and Doc Searls about it.  Further discussions ongoing, and more to report as they progress.
   • OASIS
     • Researcher:
     • Link: http://www.oasis-open.org/
     • Legal Structure:
     • Requirements:
3. Association Management Companies:
   • Association Management Services (AMS):
     • Researcher:
     • Link: http://www.amsl.com/
     • Requirements:

Mentor Organizations

The following is a partial list of other standards and industry association based organizations.

1. Creative Commons
   • Link: http://www.creativecommons.org/
   • Legal Structure: Non-profit 501(c)(3) Public Charity (NTEE Code: W05, A05, B05)
   • Background: Formed in 2001. Creative Commons provides free tools that let authors, scientists, artists, and educators easily mark their creative work with the freedoms they want it to carry. You can use CC to change your copyright terms from "All Rights Reserved" to "Some Rights Reserved."
   • Documents: 2006 Fiscal
2. DVD Forum
   • Link: http://www.dvdforum.org/
   • Legal Structure: Voluntary Association (possibly not incorporated, based in Japan)
   • Background: Formed in 1997.
   • Documents: Charter
3. Blu-ray Disc Association
   • Link: http://www.blu-raydisc.com/
   • Legal Structure: Non-profit 501(c)(6) Business league (NTEE Code: S41)
   • Background: BDA Administration Copr., a California Nonprofit Mutual Benefit Corporation, is a voluntary association of hardware and software manufacturers, content providers, and other entities having an interest in technical formats for the Blu-Ray Disc format.
   • Documents: 2006 Fiscal
4. IEEE LAN/MAN Standards Committee:
   • Link: http://www.ieee802.org/11/
   • Legal Structure: IEEE Workgroup
   • Background:
5. Identity Commons:
   • Link: http://www.identitycommons.net/
   • Legal Structure: Non-profit of an Unknown Type
   • Background: Formed in 2001. Mission: to evangelize the creation of a decentralized user-centric identity infrastructure and to address the resulting social trust issues.
6. OpenID:
   • Link: http://openid.net/
   • Legal Structure: Non-profit Public Benefit Corporation (with Members) (No current IRS Determination)
   • Background: Formed May 2007
7. Wi-fi Alliance:
   • Link: http://www.wi-fi.org/
   • Legal Structure: Non-profit 501(c)(6) Business league (NTEE Code: S41)
   • Background: Formed in 1999. Mission: To drive the adoption of a single worldwide-accepted standard for high-speed wireless local area networking.
   • Documents: 2006 Fiscal
8. ASTM:
   • Link: http://www.astm.org/
   • Legal Structure:
   • Background:
   • Documents:

Consensus

Please use this table below to indicate your preliminary recommendation.

Previous Discussion

This issue has been previously discussed on the following DataPortability discussion group threads:
http://groups.google.com/group/dataportabilityactionsteering/browse_thread/thread/6645f2bc662c5426
http://groups.google.com/group/dataportability-public/browse_thread/thread/af624945a31b0b64/

Participation

Proposed Conference Call Availability