Re: [ga] Stuart Lynn's reply to Karl

[Jefsey Morfin <jefsey@wanadoo.fr>]

On 05:31 06/12/01, Joop Teernstra said:
>Karl is free to examine ICANN records any time he is ready to comply with 
>established procedures that apply to him and any other Director -- in 
>complete accordance with California law. Karl is not being singled out. 
>Among other reasonable provisions, these procedures are designed to 
>protect confidential records, such as personnel files. Karl wishes to set 
>himself above the direct or delegated authority of the  ICANN Board of 
>Directors, in declaring himself as the sole determinant of what is 
>confidential and what is not. That is not his prerogative according to 
>California law or ICANN bylaws.
>
>The procedures to which he objects were endorsed by the Audit Committee of 
>the ICANN Board, to whom the Board has delegated responsibility for this 
>general area. He is always welcome to take his objections to the full 
>Board should he wish. So far, he has not chosen to do so.

This would be far clearer if the requested documents were listed, if the 
document to be signed was produced and if the dates of the requests and 
responses were provided. Also if we known who else among the Directors has 
taken the oath that Karl describes as removing every legal right granted to 
Directors by the US and Calfornian law - and for the time being Stuart has 
not quoted a text which should be maintained online as a major document 
conditionning the management of the ICANN and the protection of several, 
says Stuart. This might explain why the BoD is acting as it does, either by 
non disclosure obligation like Amadeu in the .aero case, either by 
volontary ignorance not to abandon rights or by forced ignorance as Karl 
claims it in his personal case.

I note that that the comment of Stuart about the way Karl should address 
that problem seems arrogant to me and to publicly document the hurting 
attitude that Karl describes from the Staff. Am I wright or is that kind of 
attitude from Stuart acceptable in the US legal environement and in that 
situation were Suart is also a fellow Director?

Jefsey

PS. This kind of situation is obviously a matter for the ICANN User 
Association I proposed.


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