[ga] ACLU response to ICANN's ban on leaflets

[DannyYounger@cs.com]

American Civil Liberties Union letter on ICANN leafleting ban
November 9, 2001 

Dr. Vinton Cerf
Chairman
Internet Corporation for Assigned Names and Numbers
4676 Admiralty Way, Suite 330
Marina del Rey CA 90292-6601 

Dear Dr. Cerf: 

It has come to our attention that the Internet Corporation for Assigned Names 
and Numbers (ICANN) plans to restrict leafleting at its meetings in Marina 
Del Rey on November 12-15, 2001. 

Specifically, ICANN will not permit anyone to distribute leaflets or other 
such materials at the conference unless they pay at least $5000. This plan is 
explained on ICANN's website: 

"A table will be provided for distribution of literature for sponsors only. 
Additional recognition of sponsorship is listed below in the description of 
each level. An organization that is not a sponsor will not be permitted to 
distribute materials in the meeting area." 1 

The lowest level of sponsorship requires a minimum payment of $5000. 2

We are deeply troubled by this development, and we urge you to revoke the 
ban. This decision runs counter to Article III of ICANN's own Bylaws, which 
requires the organization to be open and transparent to the general public: 

"The Corporation and its subordinate entities shall operate to the maximum 
extent feasible in an open and transparent manner and consistent with 
procedures designed to ensure fairness." 3

The restriction on leafleting will diminish the public confidence in the 
quality of the ICANN's decision-making that Article III was intended to 
foster, as well as substantially prejudice the rights of many persons with 
interests in ICANN's proceedings. ICANN can and should hear from all points 
of view and encourage public debate regarding its activities. As many 
observers have pointed out, "ICANN must rededicate itself to its original 
conception as a decentralized, bottom-up organization." Your organization has 
already been criticized as suffering from a "democracy deficit." This ban on 
leafleting will only further fuel these fears. 

Moreover, your decision raises significant free speech issues. It has long 
been recognized that the right to distribute flyers and literature is a 
protected form of expression. In some instances, leafleting even when other 
forms of speech have been prohibited. When an organization such as ICANN 
intentionally open a space for public discourse, it should refrain from 
imposing burdens on such discussions. By prohibiting leaflets (except from 
those who can afford to pay at least $5000), ICANN violates these basic 
freedom of expression precepts. 

Based on the foregoing, we urge you to rescind this ban. 

Sincerely, 

Barry Steinhardt
Associate Director
American Civil Liberties Union

Peter Eliasberg
Managing Attorney
American Civil Liberties Union of Southern California

1. ICANN Meetings in Marina Del Rey (visited Nov. 8, 2001) 
http://www.icann.org/mdr2001/#sponsors (emphasis added). 

2. Id. ("Three levels of sponsorship are available: Top-Level: US$15,000 - 
Booth/table in meeting area for entire meeting * Second-Level: US$10,000 - 
Booth/table in meeting area for one day * Third-Level: US$5,000 - Signage on 
coffee break tables."). 

3. ICANN Bylaws, Art. III, §1 (2001), available at 
http://www.icann.org/general/bylaws.htm#III 
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