[ncdnhc-discuss] Fwd: [cctld-discuss] ICANN updates

Milton Mueller Mueller at syr.edu
Tue Jul 30 23:55:54 CEST 2002

The court ruling in the Auerbach v. ICANN case is very 
important. At last, an objective authority has
sent a clear message to ICANN that it has been wasting its
money and needlessly blocking transparent operation
by resisting a director's request to see corporate records. 

You can see the tentative ruling here

Key statement by the Judge: 
"Having considered the applicable law and the undisputed 
facts presented herein, the court concludes that paragraphs 
3, 5, and 6 of [ICANN's] Inspection Procedures conflict with 
section 6334 and Art. V, ยง21 of the Bylaws by unreasonably 
restricting directors' access to corporate records and depriving 
directors of inspection rights afforded them by law."

I don't know whether ICANN has anything to hide; I hope
and suspect that it does not. But I do know that management's
refusal to give its OWN Board members access to its
records indicates what some of us have felt for a long
time: that it is management, not the Board that runs
ICANN, and that aside from Auerbach, none of the
Board members are exercising their oversight authority,
they are just letting management tell them what to do.

>>> Erick Iriarte Ahon <faia at amauta.rcp.net.pe> 07/30/02 04:47PM >>>
>2.  Court Ruling in Auerbach v. ICANN Lawsuit

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