Archive for the 'Casey Fenton' Category

Page 3 of 6

Nonviolent communication

Published by on 19 February 2008 at 21:10 in Casey Fenton, Culture of Appreciation, Matthew Brauer, Participation and Transparency. 101 Comments

Thailand collective newsletter nr 3 is out. There’s not many real announcements in it, much “we are going to …” or “we are working on …”, but a particular section caught my eye:

Collective Members Learn a New Way to Talk it Out

Communication is crucial, particularly when considering our growing membership. That’s why volunteers at the Collective are devoting their own time to learn from enthusiastic CouchSurfer, Johnny Colden about Nonviolent Communication (NVC). Collective participants who already have training in this communication technique have found it useful not only in CS member relations, but in their personal and professional relationships as well.

Now, this communication technique called “nonviolent communication” is something that some of the old-timers (like Kasper and me) have seen before at the New Zealand collective. To be able to understand CS, it’s good to try and understand this NVC thing.

The term itself is of course sheer marketing genius: You can’t possibly be pro violent communication can you? However, the odd thing is when it is being applied in a situation (like here) where there is absolutely no evidence of “violence”, except when you stretch (and pretty much redefine) the word to mean “angry” or “direct”. If CS has had trouble, physical violence within the organization or amongst volunteers certainly hasn’t been it. In other words, it is a great example of Newspeak. Oddly enough, NVC does endorse (physical) violence as a means of self-defense [3]. The enormous difficulty of defining self-defense is however ignored (something Ghandi was for instance much better aware off).

The origins are pretty ambiguous as well. It was invented by a guy called Marshall Rosenberg, who now has a “center for nonviolent communication” in… San Fransisco. His “supporting research” is mostly based on domination systems in primate communities [1]. That’s right: monkeys. Of course, this completely disregards not so subtle differences like self-awareness and actual language or any effect rational thinking might have. To the point however, the entire theory is based on the notion that we (still) behave like primates, which is a gross generalization at best. There is no scientific research whatsoever of the effectiveness of NVC in daily life, organizations or elsewhere, making it the same type of “theory” as “intelligent design”, which incidentally is also American in origin.

But what is it about? The goal is to “to observe without evaluation, judgement, or analysis”, “to look for feelings behind words that are expressed”, “to look for unmet needs, connected to these feelings; evaluating which needs are not (yet) being met instead of evaluating actions in ‘right’ and ‘wrong’” and “to make a request how another person could enrich life. Essential in this is that the other person is to be left free to honour or decline the request.” [2]
In essence, it promotes a “feeling” based language as opposed to “critical” thinking. Any kind of moral judgment is to be avoided, as is obligation (things you have to do) or any feeling of guilt. In nonviolent communication one would never say “you should” or even feel guilty for an wrongful action. At best, you can have a “sweet bad” feeling [1]. But, let’s listen to this:

They were not ordered around, for the simple reason that if the chief officials had been told what to do in the form of: you must, you have to, that would not have helped matters any. If the person in question does not like what he is doing, the whole works will suffer. We did our best to make everything somehow palatable.

Where that quote came from might shock you: Adolf Eichmann. If you think quoting Nazi’s is over the top, please realize that Rosenberg himself posits NVC as an antidote to certain lingual techniques described by the Nazis. The fact that there actually is quite some overlap in the ways of redefining language is a sad and somehow frightening irony.

Now, to be fair, NVC has supposedly had quite some success in places like Rwanda, Burundi, Serbia and Ireland, essentially in (war) conflict zones. It is easy to see how a non-judgmental language can help in solving such deeply rooted, civilian and truly violent conflicts.

The elephant in the room, the BIG question however is: What is nonviolent communication doing in CS? Why is it being used in an volunteer organization that has absolutely nothing to do with civilian conflict zones? The consequences of using NVC are highly disruptive for any kind of constructive or even pragmatic work. CS and Casey in particular has repeatedly shown an unwillingness to acknowledge mistakes, which allows those mistakes to endure and be repeated indefinitely, simply because feeling guilty is “violent”. Casey (and Matthew Brauer) repeatedly refuse to state an official answer on critical questions, because “every opinion is equal”. CS would much rather let the issues raised here on OCS hang in the air unanswered than to critically self-examine. It has repeatedly chosen an emotional process over rational thinking. (NVC ignores the possibility that rationality and emotions aren’t such separate entities or that they can coexist easily).

Nonviolent communication in the couchsurfing organization is actually “non communication”. NVC is a horribly ill suited way of communicating in an organization such as CS because it is explicitly against critical thinking and badly suited for any kind of self-improvement. It is a system of avoidance, useful only for being able to ignore any guilt or moral judgment.

It is hard to say what came first to CS: NVC or the avoidance culture. But it seems here to stay.

[1] Marshall B. Rosenberg, The Basics of Nonviolent Communication: An Introductory Training, two video-cassettes, Center for Nonviolent Communication, 2001
[2] Nonviolent communication on Wikipedia.
[3] Advanced Training, Day 1, with Marshall Rosenberg, Ph.D., raising your giraffe consciousness, 6 Jan. 2005, Center for Nonviolent Communication, 4 May 2005

As an happy/sad/ironic side-note, it’s typical to see that the guy that gave an NVC presentation in Thailand (Johnny Colden) put as his occupation on CS: “Dream engineer”. Sigh.

John: “Casey’s style: indirect, manipulative, pulling strings from behind the scenes”

Published by on 15 February 2008 at 23:34 in Casey Fenton, Corpganization and NDA. 2 Comments Tags: casey, leadership, NDA.

I think almost all of John’s comments deserve to be blog posts on their own. So I’m copying this one over here:

“I think it was Matrixpoint who said that Casey really insists that he is not the true leader of CS…”

Actually, I don’t know that he ever said this. On the contrary, since I first appeared at the Montreal Collective, and during the following year as a volunteer, I found it very difficult to determine the organizational structure of CS and Casey’s role in it.

Everyone knew that the organizational structure was being revamped as part of CS 2.0, but the only public information I could find was an organizational diagram on the website that showed a central box labeled “Admins and Founders” or the like, months after I left Montreal. I was disturbed to see this for two reasons: 1. the complete lack of detail of the internal structure of this box, and 2. it’s central position, which was in conflict with the agreed upon decentralized organizational structure suggested by the tree model (see the logo of this website) that was created during the Montreal Collective.

There was no particular mention anywhere that Casey was the supreme, unaccountable head of CS. He was only included among the list of 4 founders prominently featured on the website. There were no by-laws to be found. The only information available about the Admins was a brief statement that they were volunteers who helped with important administrative duties involved in running the website. No information about how they got their positions or whether there was a term of office, etc. No information about performance reviews, etc.

As someone who had begun volunteering full-time with the intention of working freely on behalf of the hospitality community for years to come, I sought clarification as to who I was actually working for. I made it clear that my intent was to work for the Community, not for Casey and the Admins unless they were in some way accountable to the Community. Why in the world would I (or anyone) work full time so that Casey and his hand-picked buddies could live it up in exotic locations, unless the Community who provided the support for that had some say in it?

I got no meaningful response to two lengthy requests for information from the Admins beginning in December, 2006. That’s when I started reconsidering my commitment to CS and paying attention to such matters as the NDA (another whole story in itself).

It wasn’t until the following year (in the spring I think) that Casey finally revealed to the developers that he was the sole member of the Board of Directors. (According to Pickwick, Casey’s told a different story to NH government officials).

So, you see, Casey’s style was very indirect. CS 2.0 was supposed to be about members participating in the operation and evolution of CS, and the emphasis was **decentralized** participation. It was “The CouchSurfing Project”, not “Couchsurfing International, Inc., Casey Fenton CEO and sole member of the Board of Directors”. “Do-ocracy” was promoted by at least one of the Admins, and another Admin was generating most of the communication which included a call for member involvement.” No where was it mentioned that these Admins derived all their power from Casey and that he quietly controlled everything with absolute authority. He rarely took a public stand one way or the other, but rather allowed people to form impressions, whether they agreed with his personal agenda or not, that he did nothing to correct.

An example of his indirect style was when he made Chris Burley the new Tech Team leader near the end of the New Zealand Collective. Chris obviously was functioning as Casey’s tool, being used by Casey to shake up the development team (probably due to issues with Joe and Kasper). Chris had very little familiarity with the code or with ongoing initiatives. He only had Casey’s authority backing him up and used it to rule with an iron fist, announcing that no “personal ideologies” would be tolerated and all developer-initiated projects would be put on indefinite hold. (Developers were clearly now to be thought of as order-following employees, but without the pay, not co-participants in a project to make the world a better place.) Casey remained quietly in the background while Chris took most of the heat for Casey’s “house-cleaning”. Chris quietly dropped off the radar by the end of last summer, as if his usefulness as a tool had expired.

What was most disturbing to me about this incident was that not long before this Casey had finally talked with me on the phone (after a 3 month wait) for a few hours and we seemed to have reached a meeting of minds. I explained to him that I would begin no new projects until the NDA was fixed (as he had promised some nine months before). I told him that it was outrageous as it stood. He said nothing in response. But he actually invited me to participate in the formulation of the organizational structure that was in its final stages. I said, yes, I would very much like to be involved. The result of this call was that I felt Casey had heard my concerns and that I now was getting some respect as a full-time volunteer (of more than half a year).

So I was very shocked that Casey appointed Chris, without even consulting me or any of the Tech Team about it, especially since he had the opportunity to discuss it with me on the phone and had given me the impression that he wanted me to be in the loop when it came to organizational issues.

I was even more shocked when I sent him an email saying that although Chris might be a good choice based on his past general contributions (this was before his new personality as a “leader” emerged) but that he didn’t have enough technical knowledge to lead the team, and a least another co-leader who did was needed. Casey never responded to my email.

I was even more shocked when the new organizational structure was announced (completely done in secret), and that what little apparent accountability it seemed to include amounted to nothing.

I was ultimately shocked when the proposed NDA came out (after a year) that was supposed to be the “fixed” version, but it was 10 times worse than the original. It had the feel of the Patriot Act to me. I was utterly uppalled by the mindset that produced it, and by the way this whole drawn-out fiasco was conducted by Casey and his appointed elite.

I certainly felt the trust I had put in Casey as a result of the phone call completely betrayed, and I took the NDA as an indirect message to me that I was no longer wanted as a developer, since I had publicly announced I would no longer begin any new projects if the NDA wasn’t sufficiently fixed.

I would have much preferred that Casey had told me this directly, as I would have preferred that he shake-up the Tech Team himself instead of having a henchman do his dirty work for him.

This is Casey’s style: indirect, manipulative, pulling strings from behind the scenes, while giving a casual, no-worries, laid-back, often non-committal impression in public: a fun guy to party with.

In case any one is wondering whether Casey might have been justified in “cleaning house”, I can say that the 4 core developers made a huge contribution to CS, much more so than Casey, at least in the technical area, for most of the year following the Montreal Collective. (I suspect it was our very success that scared Casey, and threatened his absolute control.) Speaking for myself, the greatest problems I encountered as a volunteer developer were all caused either directly or indirectly by Casey or the Admins due to their arbitrary assertions of power without understanding the situation, extremely poor communication, and poor judgment. Working with the Community, on the other hand, was delightful and I still have those good memories.

John

Casey Fenton needs to stay

Published by on 11 February 2008 at 21:21 in Casey Fenton, Corpganization, employees, Finances and Transparency. 4 Comments Tags: casey, Donations, money, verifications.

To clarify what OpenCouchSurfing is and isn’t and to give a more balanced view in our blog posts I’m writing this tiny blog post about why Casey Fenton needs to stay.

Casey might not be the most educated IT guru, but he’s definitely a guru and at this point he’s probably the only person capable of keeping the CouchSurfing website up and running.
The entire CS “Leadership Team” and Board of Directors consists of Casey’s friends. They would be quite clueless if Casey suddenly disappeared.
Casey is great. He might not have made the right decisions and I cannot agree with his attitude in many ways, but I am sure that I will feel happy if I will be able to give him a genuine hug again, maybe in 2009.

Still, even legally there is a problem with Casey in a paid position while being a member of the Board. And it would be totally useful if Casey’s ideas about transparency and volunteer participation would change a little bit. Though, also without it, with an estimated half a million US dollars coming in during year 2008 it’s unlikely that the ship will go down any time soon. And I am sincerely happy about that.

Casey Fenton needs to go.

Published by on 20 January 2008 at 18:02 in Board of Directors, Casey Fenton, Collective, Corpganization, employees, Finances, general director, Jim Stone, Leadership Circle, legal, Matthew Brauer and Uncategorized. 68 Comments Tags: cats, dogs, pet food.

Disclaimer: I am not OCS, if the OCS doesn’t like me utilizing their venue, I can perfectly understand them removing this, so go ahead Callum or whoever runs this site

That title works to grab everyones attention. Hello there lazy bums in Thailand, celebrating ineptitude under the sun!

I was thinking how all the work of the motivated volunteers full of ideals and good intention can be saved. The title was my only answer. One thing i have learned is that people dont really change, i dont expect Casey or the majority of his buddies to be different, despite all the visionary leadership.

Why do I point out that people don’t change? Because I am convinced that they would have to change if Couchsurfing is supposed to progress. Couchsurfing as a website and Organization has grown beyond the size that is governable with the attitude and management employed by Casey and his appointed BurningManBeer Buddies. We are dealing with an Organization that is crooked and mismanaged from the Top. Casey might be a nice guy, he might be a good coder, he might even have that MC1R sexyness to get all the good bitches in the pack, but he is about as good as a manager as Paris Hilton is an expert on Quantum Mechanics.

From the Top down, it was all about happiness and fun, NEVER about accountability and results. Casey initially, when first launching cs.com public, already made a claim on how cs is a 501c3 non profit. He either made a false claim, which would make him a liar and crooked person, possibly a felon, since he collected the donations, or an amazingly inept manager. You don’t run an Organization without knowing its legal status, dot! I tend to go with a third option though. He is a hopeless dreamer, who wants to make a 501c3 and heal the world, but gets ahead of reality way too much. This pattern was followed in the whole CS team and Spirit of Organization. Sure, it would be great to have a good manager, but lets settle for someone who COULD be a good manager, such as TTT, but who actually sucks ass since he settles for having a manager title, rather than doing the job, just like Casey and 501c3. On CS, the culture of Vaporware needs to go. The people will not change, so unless they go, Cs will never proceed beyond the Fratboys who would LOVE to be cool, but end up being drunk failures.

They ALL lack the self confidence to critically reflect upon their managerial skills or the apparent lack of. The root of all this is of course, Casey. He appointed Managers who lack the wit and gut to debate with a dissenting community. A dissenting community that actually argues constructively and is kind enough to share all the solutions.

CS, thanks to the pressure built up by Pickwick, is about to arrive in the cloud of Accountability that is the real world. I hereby Claim that there will be no milestone accomplishment at the Thai Collective, which will make it nothing more than an expensive party for Casey and his equally inept cronies.

You run an Organization and fail to deliver, you go. If Couchsurfing.com is all about buying Caseys’ Burning Man crew 4 Months of sponsored Holidays on the beach along with pussy that would not be available to this elusive group of mediocre men, then Couchsurfing.com is indeed a brilliant success for aforementioned visionary leader and his associates. It would of course make it a racket and scam, morally at least, regardless of how it would be judged by a legal professional.

If Couchsurfing is not a racket and scam but instead an organization with genuinely good intentions, then it is a failure on all accounts. Absolute top-performing professionals in their respective field get alienated or sacked by a management that has possibly not even learned how to spell (project) management. The Couchsurfing Management in its current incarnation is a direct result of Casey Fentons inability to accept superior skill from employees and volunteers. The current management has a track record of rejecting highly skilled employees and outside advice, lacks skill and self confidence along with the inability to accomplish anything themselves.

You guys all need to go. I am glad CS is in the Real World SOON, legally speaking. Casey and friends, you guys talk all the talk, all the time. I have yet to see anyone walk the walk. I invite you to prove me wrong, but you and me, we both know, you fail.

p.s. i invite everyone to personally attack me on my position, preferably somewhere in real life

p.p.s please, since i am so full of shit, be so kind and make a list of all the accomplished managerial successes of the current leadership team, since thats all that it takes to turn my whole posting into a pile of shit. hint: most mangers work 45-50h a week and deliver results correlating to this

Casey Love

Published by on 16 January 2008 at 12:19 in Casey Fenton, Collective, Transparency and volunteer coordination. 17 Comments Tags: Communication, coordination, NDA, not-to-be-disclosed.

~~Damn Kasper, how do you do those quotes?~~

Thanks

For your information: this is an extract of the original post by Kasper (http://www.opencouchsurfing.org/2008/01/14/ill-communication/)

Thomas said:

It would be nice if Diederik could speak up about his experience and his own evaluation of the CS organisation.

@Diederik
A (small) word of warning: Speaking out against CS will almost automatically get you lumped in with the “OCSers”, even if you specifically state that you aren’t.

Well, to be honest, I probably already am. Some months ago, I had some posts, also on my own website. Seems that the communication went dead afterwards.

Let’s start at the beginning. I think this gives a better insight in my current feelings towards the Techteam, and in general: the leader of it, and Casey (ok, here comes my ban…)

My CS experience started at my former employer. Walter was a programmer then. I and Walter could (and still can) get along quite well, and I was invited in his house.
There were several great people, which had the same “frequency” (another word of saying we could get along, but that sentence would became corny ). I met Duke, Aldo, Tiina, Paul and some others I forgot due to the use of ethanol My current position then was system engineer, and I was asked for that position at couchsurfing.

That would become handy, because of the start of the Rotterdam Tech Collective. Some several others were there too. Anu* (love!), Weston, Naz (great friend), Chris where several of them.
I got introduced with Nicco and we had great chats about the code (I’m not a programmer, so having some insight is perfect for me), system engineering, the couchsurfing system etc, etc. At that time, there were several things an issue. Nicco and I (as the only admins, besides some Indian people) started to work.

We had an agenda, and could start.

Several issues were addressed quite quick. Most of them are not-to-be-disclosed, but several were visible from the outside:

Lesser downtime because of an OSS loadbalancer
Monitoring
More webservers which run an *UP-TO-DATE* OS (Visible through the headers of Apache)(I believe that this was an great deal, yeah, check http://www.opencouchsurfing.org/wiki/Security_Concerns).

That time, the collective was already 3 months (or something like that) in the past. Several people came to become “sysadmin”, Nicco was degraded as leader, while Weston became TT-Leader (managing dev and sysadmin). Communication became less and less. From some times, we couldn’t reach Casey, which was our first contact for the code. At that time, my irritation began (my irritation towards the OCS was already there ). Could some parts from OCS be *INDEED* true?

(Anu isn’t really stupid, you know, and Daz is just Daz and should drop dead, etc etc ) At that time, it seemed to *ME* that some people were only busy programming, and not with management.

We had a great CSInterklaas weekend, and the Thai-collective started. We had several “incidents” before and after that (not-to-be-disclosed), and my irritation was at top. When I decided to resign (1 week ago) at the same time the poweroutage at the datacenter happened. Bad timing… Or probably not, because there were some more “incidents”.

This morning, I pulled the plugs from cs-sysadmins, cs-erc, cs-devel(|public). At my desktop is a Freemind scheme (http://freemind.sourceforge.net, go get it) with my thoughts, idea’s and remedies. I had the idea to post it in the CS-Sysadmin group for learning. If only someone would not only *READ* it, but also *REPLY* to it. Therefor, I decided not to do so. I have the feeling that I’m being ignored, so why should I put more energy in it?

From my opinion (an censored version of the mindmap):

Where’s the communication?
We are having more and more people, which asks more communcation to happen. The group only has 3 or 4 skype-meetings, and no real agenda. LT has, I believe that dev has. Why doens’t sysadmin have one?Miscommunications happen too often. Get a good IRC channel, AND STICK WITH IT. Use it like SVN, and make sure that you are the only one working on one problem.
Weston should resign from being a techteam-leader.
Weston is a great guy (as well as Casey btw), but he is a programmer (as well as Casey). I believe that Casey and Weston should either resign from sysadminning and start programming OR do resign from both, and become a real manager (that is: delegate and check).
Get things prioritized
Sticks with the communication part. Changing passwords is not an problem, but if changing OSes is having an higher priority, get that done.
Have more communication between CS-Sysadmin and development
Commit often
Commit the build to the webservers *NOT* often, but on an weekly base, and *COMMUNICATE* what the differences are. This ensures that everyone knows what is going on, and can act upon unexpected behaviour…
Learn from mistakes
D’oh

Let’s end with some positive notes:

I met all those great people. Some of those I want to mention: Nicco (thanks mate), Anu, Naz, Aldo (thanks a lot with the thinking), Martine (hug), Stijn, and all those others. Not to mention all those people that we hosted, will host, and I blatantly forgot.
I still believe that CS works. It needs to change. An negative one here is that I don’t believe that that will happen in the near future.
I still will be hosting with my girlfriend. We have a lively community in Rotterdam, which I love.
I seem to understand better and better where this OCS is all about. I only hope that I won’t reach the cynical level of communication that some of OCS have. At the same moment I feel that I will become only more bitter.

I guess that the post shuld be called “Casey Love”, the feeling that you were loved, but the other end just decides to move on to the next one.

Love from Rotterdam!

Diederik (And Frank Sinatra… “The best is yet to come”)

p.s. When resigning from cs-sysadmins this morning, I saw the description of the group. Guess that this one is not NDA bound:

“Description: This group is free from political agendas and personal ideologies. It is a place to serve the one of the core needs(server administration) of the CS Organization in order to make sure that the members have access to the site at all times so that they can experience inter cultural understanding.”

Pickwick: money no valid argument for unhealthy growth pattern

Published by on 08 January 2008 at 16:17 in Board of Directors, Casey Fenton, employees, Finances, pickwick and Transparency. 1 Comment Tags: casey, Collective, money, pickwick, thailand.

About limiting the acceptance of new members Pickwick writes:

Kasper: “major source of income”

Is that income needed? Surely a much smaller stream of new members, recruited in a better way, could raise the moderate amounts necessary to pay server costs, paper clips and a few postage stamps.

Current spending is mostly for
A) salaries, and I think we had much better quality work from the volunteers “no longer retained”;
B) the exodus to Thailand, and I have yet to see any actual WORK mentioned that was done there in the 31 days of December (other than picking the place for January).

So the money seems to benefit those who make the decisions. Thankfully we are a charity now and published accounts have to be more accurate and more detailed than hitherto. Which reminds me that there are still areas of concern regarding the charitable status:

1. The financial statements online are still not identical with the ones filed with the US tax authorities and the New Hampshire charities regulators.

2. Casey may have perjured himself by stating falsely to the Attorney General that from 2003 to 2006 the company had several directors besides himself. The major reason for that could be that the truth may affect the legality of his own employment.

a) New Hampshire law requires a minimum of five directors, so with Casey as sole director the company had no legally composed Board of Directors. For that reason alone contracts entered into during that time may be invalid, including the employment contract he made with himself.

b) Casey as sole director signed his own employment contract on the dotted lines of both sides of the contract. There could not be a more blatant violation of all ‘conflict of interest’ principles, and for that reason alone this contract may be invalid.

c) New Hampshire law does not allow the chairman/president of a charity to be an employee at the same time. So when Casey as chairman/president signed his own employment contract he violated that law, and for this reason alone the contract may be invalid.

d) If Casey’s employment contract is invalid, he will have received his salaries without legal grounds, and may have to pay ~$70,000 back to the company. (That, and the other ~$70,000 of accumulated profits in the bank should keep CouchSurfing going for a good many years to come, as a volunteer based charity, without ill prepared world trips for the management.)

At the New Hampshire Department of Justice the case has been queued for review by an investigator in early 2008. My advice to the new Board of Directors is: sort it out before they start asking questions.

To sum up: I don’t think money is a valid argument to continue this unhealthy growth pattern.

Pickwick: “Casey: please don’t risk perjury”

Published by on 17 December 2007 at 12:15 in Board of Directors, Casey Fenton, employees and pickwick. 4 Comments

Another interesting Pickwick post in Brainstorm:
1. Casey, you listed yourself as sole director in a report you filed with the New Hampshire Secretary of State on 24th December 2005 [1]. You again stated publicly on 28th January 2007 that you were still sole director [2]. This violated New Hampshire statute RSA 292:6-a according to which “the board of directors of a charitable nonprofit corporation shall have at least 5 voting members” [3].

On 14th November 2007 you eventually filed Annual Reports for the years 2003, 2004, 2005 and 2006 with the Attorney General of New Hampshire, where under penalties of perjury you falsely stated the composition of the Board of Directors in 2004, 2005 and 2006 to be: Casey Fenton, Daniel M Hoffer, Leonardo Silveira, Sebastien G LeTuan.

My advice is to file a correction immediately. An investigation for perjury in connection with filed Annual Reports may have unfortunate consequences for the application for federal tax exempt status according to section 501(c)(3) IRS code.

2. New Hampshire statute also says in RSA 292:6-a that “No employee of a charitable nonprofit corporation shall hold the position of chairperson or presiding officer of the board” [3]. This means, Casey, that you need to resign either your chairmanship of the board, or your employment.

My advice is to do it immediately. An unlawful composition of the board or unlawful tenure of the board’s chairman can have unfortunate consequences for the validity of board decisions or signatures on documents, like for instance the application for federal tax exempt status according to section 501(c)(3) IRS Code.

[1] www.sos.nh.gov/imaging/9649082.pdf
[2] groups.google.com/group/cs-dev-public/msg/c8d070ae5333e5f4?
[3] www.gencourt.state.nh.us/rsa/html/XXVII/292/292-6-a.htm

CouchSurfing going 501(c)(3)?

Published by Callum on 25 November 2007 at 22:51 in 501c3, Casey Fenton, Leadership Circle, Open Source and Transparency. 2 Comments Tags: 501c3, Casey Fenton, couchsurfing.

CouchSurfing members received an email yesterday telling them that, at long last, CouchSurfing has filed for 501(c)(3) status. The email also claimed that currently, CouchSurfing is a charity, and is legally dedicated to charitable purposes.

What was missing, as usual, was any sort of external verification. Casey helpfully provided a link to the Wikipedia page on 501(c)(3) status and an irs.gov page for those eager to learn more. Neither of these links have directly relate to CouchSurfing, nor do they do anything to confirm CouchSurfing’s current legal status, or confirm that any application for 501(c)(3) status has been filed.

There was no link to a copy of the paperwork, no postal tracking number, no evidence whatsoever that anything has been filed anywhere. There was no copy of any filed paperwork regarding CouchSurfing’s current status, no links showing that “non-profit” status cannot be easily revoked in New Hampshire. As usual, we are expected to trust our “visionary leader”.

Personally, I think it’s clear that Comrade Casey felt the pressure from Pickwick’s legal questions, and the openCS campaign in general. The response was as usual, ignore, ignore, ignore, then organise a seemingly unrelated press stunt to make people feel better without actually proving anything.

In conclusion, until I see independent confirmation that CouchSurfing has filed for 501(c)(3) status, I will consider it a possibility at best. It is clear to me that the CouchSurfing leadership cannot be taken at their word.

Congratulations and some worried thoughts

Published by on 25 November 2007 at 17:01 in 501c3, Casey Fenton, Corpganization, Donations and Finances. 6 Comments

If you are a member of CS, undoubtedly you have received an email from Casey Fenton himself announcing the new 501(c)3 status. The email seemed a bit confusing, because the envelope he’s holding is obviously the application to the new status, but then it seems implied CS is already a 501(c)3? I have no idea how fast the US bureaucracy works, but it seems awfully fast from application to acknowledgment. Is CS applying for it or is it already a charity? Is the outcome guaranteed?

However, congratulations are in order. After 3 years of talking about it and no less than 100 hours of work by Casey himself (a full two and a half weeks!), they were finally able to get the right papers in order. Phew. Good news is that CS is now eligible for grants and your donations will be tax deductible (if you live in the US). There is money to be made!

Since we can take at least a bit of credit for speeding the process up, basically by shaming Casey into action, here are some of the things I would like to see CS take up:

Reduce the operational cost and significantly reduce the cost of “verification”, far beyond the sliding scale idea. There is absolutely no obvious need to be collecting and spending such a large amount of money. It is almost the anti-thesis of an organization that is based on free and voluntary lodging and low-cost traveling.
Finally make the organization reflect the community. Get rid of the heavy US centric distribution in the leadership team. Organize elections.
Set up localized non-profit organizations, to allow the same financial and legal “benefits” for European CS-ers (the largest community in any case) and to allow a better local functioning.
Open up, become at least a bit more transparent. Get rid of the multitude of private groups. Publish meeting agenda’s, publish regular and non-PR reports.
Give back to the world. Share the code that so many people have worked on voluntarily or payed for by the community back to that community and to the world at large.
Cooperate. Finally get over your pride and cooperate with HC and BeWelcome. Not a single one of the users benefits from the fragmentation and competition between the different hospitality organizations.
Learn to be humble. Learn how to admit mistakes when you make them instead of lying about it or covering it up. Talk to people like the OCS-ers, even if every fiber in your body seems to struggle against that. You fears are unfounded.

My 7 wishes for CS in 2008.

Thomas

Reasons for not using CouchSurfing.com

Published by on 07 November 2007 at 17:47 in Casey Fenton, couchsurfing, Donations, employees, Finances, Leadership Circle, legal, Participation and Uncategorized. 91 Comments

To preserve this information in case of a decision by the CS ‘leadership’ to suspend my profile for having the wrong hairdo or something, and because OCS attracts more readers than my CS profile, what follows is my current list of 10 reasons for not using CouchSurfing.com. It is personal, not exhaustive, and contains little explanation. Still, I hope it will give first-time visitors to this website some kind of overview of all that is wrong with CouchSurfing.com. Comments and additions (and corrections if factually incorrect!) are much appreciated.

The company that owns CouchSurfing.com, CouchSurfing International inc., is privately owned and has Casey Fenton as is its sole owner and director. He holds all power over the company and, consequently, the website. This means that, when push comes to shove,
1. He cannot be held accountable for how donations are spent
2. He can sell CouchSurfing.com to whomever and walk away with the dough whenever he gets tired of it
3. CS users have no of influence whatsoever on anything CS-related
Although incorporated as a not-for-profit, CouchSurfing International inc. is not a charitable organisation. Not-for-profit status only means that the company cannot pay dividend to its owners (i.e. Casey); the company and its assets still are his, and his alone. Casey can do with it whatever he wants, whenever he wants it
1. In addition, not-for-profit status does give not any kind of guarantee that company assets are not utilised for personal enrichment. For instance, as its sole owner/director, Casey can give out loans to himself or others at zero-interest rates, and use that money privately to make a profit
2. Such potential abuse of company assets is even easier because CouchSurfing International inc. does not appear genuinely interested in obtaining a “501c3″ tax exemption. Non-profit organisations can easily apply for this designation with the IRS, but it requires compliance with strict disclosure and reporting duties, plus having a board of directors, and Casey doesn’t like that much openness. Therefore, part of user donations is waisted on avoidable tax-paying
3. Most importantly, CouchSurfing International inc. does not have a clause in its bylaws that irrevocably dedicates company assets to a charitable cause. This means that Casey can always revoke the company’s not-for-profit designation and cash in, by volition but also by necessity (for instance, when he or the company ever get sued for damages)
In clause 5.1 of the Terms of Use, CouchSurfing International inc. claims a virtually unbounded and irrevocable right to use whatever material you decide to upload to its servers for its own purposes, without limiting these in any way. This opens up the road to selling user data, including your contact and site usage details, to third parties. At the same time, CouchSurfing International inc. does not have a published policy detailing how they keep your personal information safe
There are no published protocols how the company deals with users committing crimes (violence, abuse, theft…) that involve other users; instead, these appear to be dealt with in an ad hoc fashion. In addition, it is extremely difficult to find who’s responsible for what when it comes to safety. By being so negligent, CouchSurfing International inc. puts the users of CS at risk
On the whole, CouchSurfing.com scores very poorly on transparency. There are hardly any protocols about anything; there is no full list of people on the payroll of CouchSurfing International inc., information is scattered across countless forums and scores of mailgroups, etc. The current management seems to take no interest whatsoever in even starting to improve this situation
Apart from being fraudfully sollicited (i.e., under the pretext that CS is a charity / non-profit), aspiring volunteers are asked to sign a non-disclosure agreement in which they cede all rights on the material they develop to CouchSurfing International inc.
All known employees of CouchSurfing International inc. (i.e., Casey Fenton, Matthew Brauer, Jim Stone and Weston Hankins, all of whom are members of the Leadership Team) are male caucasian US citizens.
The verification procedure is a blatant scheme for increasing donations. It does not offer any kind of added security, and could be carried out at a fraction of the current fee
What little financial information is available gives cause for suspicion. There are interesting discrepancies between assets and interest gained, and attempts to get this clarified are met with deafening silence
Casey and the other employees of CouchSurfing International inc., as well as the influential volunteers in CouchSurfing.com simply do not respond to any kind of question or criticism at all, while still hammering on CS being a community-thing