[ga] Re: [atlarge-discuss] ICANN's Actions Illegal and Hampering Reform

[Jeff Williams <jwkckid1@ix.netcom.com>]

Khyron and all stakeholders or other interested parties,

  Thank you for passing this on to this forum.  Although it is nearly a week
old it is well worth the reading and/or knowledge of the ICANNATLARGE.COM
members for future reference.

  Indeed I, along with our [INEGroup] members early on, have supported
Karl's efforts, and repeatedly requested completely open access to ICANN's
financial records, which is well documented in the DNSO GA list archives.
EFF has done a good job in also more actively and on a legal basis
been very helpful in Karls very correct and long now sought after
financial information, in full, regarding ICANN's financial disclosure
or lack there of, of financial records.

Khyron wrote:

>   ICANN Director Demands Disclosure
>
> ICANN's Actions Illegal and Hampering Reform
>
> Electronic Frontier Foundation Media Release
>
> For Immediate Release: Monday, July 15, 2002
>
> Los Angeles - The Electronic Frontier Foundation (EFF) today asked
> the Los Angeles Superior Court again to grant Internet Corporation
> for Assigned Names and Numbers (ICANN) Director Karl Auerbach access
> to records ICANN management has withheld improperly for over eighteen
> months.
>
> EFF explained in a legal brief that ICANN's excuses have no
> foundation in case law or California statutes. ICANN falsely portrays
> Auerbach as a malicious "dissenter-for-the-sake-of-dissenting," which
> is an insufficient basis for denying Auerbach the legal rights and
> responsibilities of a corporate director.
>
> "I'm simply trying to do the job I was elected to do," explained
> Auerbach. "ICANN management and other directors have a different view
> of reform, but that doesn't justify denying me the right to inspect
> corporate records."
>
> "Mr. Auerbach was elected to his current position as an ICANN
> director on the basis of his sincere belief that ICANN must change,"
> explained EFF Legal Director Cindy Cohn. "He has no hidden agenda
> to 'harm' ICANN; instead he has a very public agenda to reform and
> improve ICANN."
>
> Auerbach, the North American Elected Director of ICANN, began asking
> for corporate records in November 2000 shortly after he was elected
> to the Board. After ICANN management delayed for nine months, it
> granted Auerbach conditional access to corporate records if he signed
> a "policy" -- which the Board of Directors had not ratified -- that
> placed his ability to access and copy the records at the discretion
> of ICANN.
>
> EFF contends that only a court can constrain Auerbach's access to
> corporate documents and that ICANN's specious "policy" is
> unreasonable.
>
> "ICANN's arguments are disingenuous," asserted Cohn. "ICANN has
> presented no evidence that Mr. Auerbach's beliefs about the need to
> reform ICANN in any way imply that he will engage in self-dealing or
> otherwise violate his duties as a director."
>
> EFF also argues that recent corporate collapses illustrate the
> importance of management oversight.
>
> Mr. Thomas H. Wyman, former Board Director of General Motors and of
> Delphi Automotive Systems, recently observed in the New York
> Times: "The director's real role is to smell trouble. And to find out
> if it's real. And to ask questions, again and again... think of the
> hundreds of thousands of dollars, and the lives that would have been
> better, if somebody had blown the bugle at Enron two years ago."
>
> The case, entitled Auerbach v. ICANN, case no. BS074771, was filed in
> California Superior Court, Los Angeles County.
>
> Links:
> For this release:
> http://www.eff.org/Cases/Auerbach_v_ICANN/20020715_eff_icann_pr.html
>
> Documents related to the Auerbach v. ICANN case:
> http://www.eff.org/Infra/DNS_control/ICANN_IANA_IAHC/Auerbach_v_ICANN/
>
> - end -
>
>   ------------------------------------------------------------------------
>
>    Part 1.2   Type: Plain Text (text/plain)
>
>    Part 1.3   Type: Plain Text (text/plain)

Regards,

--
Jeffrey A. Williams
Spokesman for INEGroup - (Over 124k members/stakeholders strong!)
CEO/DIR. Internet Network Eng/SR. Java/CORBA Development Eng.
Information Network Eng. Group. INEG. INC.
E-Mail jwkckid1@ix.netcom.com
Contact Number:  972-244-3801 or 214-244-4827
Address: 5 East Kirkwood Blvd. Grapevine Texas 75208


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