Re: [ga] Auerbach vs. ICANN update

[Dale Farmer <Dale@cybercom.net>]

Dave Crocker wrote:

> At 01:00 PM 4/21/2002 -0400, James Love wrote:
> >    ICANN is not a start up Internet company... it is an organization that
> >seeks a global mandate to govern .
>
> It seeks no such thing.  If you want constructive dialogue, try sticking to
> the reality of ICANN's actual goal and history, rather than indulging in
> claiming mission creep that is pure fantasy.
>
> >  Govern what?  is yet to be decided.
> >Stuff like this lawsuit doesn't provide alot of trust.    Why doesn't the
> >ICANN board tell Karl they can settle this informally, and fix the problem.
>
> You really do need to pay closer attention to the facts, James.
>
> Karl initiated the lawsuit, not ICANN.  Karl is the one who chose not to
> discuss this amongst the board, before filing a suit, not ICANN.  Karl is
> the one who has been unwilling to look for a solution, not ICANN.
>
> d/

    Funny.  From where I sit, not having any access to much beyond the
public statements from the various parties, mostly reported here on the
GA list, it sound like the ICANN staff and their law firm are stalling as
hard as they can until Karl's board membership expires.  Sounds like
they have a lot of dirty laundry to hide.  The lawsuit sounds like the
next logical step in the process needed to pry those documents out
to the light of day.  I don't know if there was any questionable or
illegal conduct.  Until that documentation is reviewed by folks who
are reasonably objective, who does? There is this legal concept
called fiduciary responsibility.  Members of the Board have it.  If they
fail to exercise it correctly, they can be held liable criminally and
civilly for wrongdoing of the corporation.  That is why members of
the Board have a nearly absolute right to view any documentation
that they deem fit.
    Yeah, Karl does make waves.  So what.  He made no secret of
what he saw as his mission, and his election gives him a mandate to
do so.  He was elected to the board.  All the laws and precedents
that I know about give the board of directors the right, and the duty
to keep the CEO, employees, and contractors honest and working
towards the same goals.  It seems to me that the only thing that can
block an individual board member from viewing the documents in
pursuit of those goals would be a motion of the Board to block his
access, or a restraining order from a court with jurisdiction.
    I await the next chapter in the ICANN soap opera with morbid
interest.

    --Dale

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