IP: Court rules (mostly) in Auerbach's favor

[Dave Farber <dave () farber net>]

------ Forwarded Message
From: Steve Chadima <steve () idealab com>
Date: Mon, 29 Jul 2002 16:00:45 -0700
To: dave () farber net
Subject: Court rules (mostly) in Auerbach's favor


ICANN Member Wins Records Access
Mon Jul 29, 4:41 PM ET
By ANICK JESDANUN, AP Internet Writer

NEW YORK (AP) - A board member for the Internet's key oversight body won the
right Monday to inspect records without first agreeing to nondisclosure and
other restrictions sought by its management.

But Karl Auerbach, a frequent critic of his own organization, must give the
Internet Corporation for Assigned Names and Numbers at least 10 days notice
before releasing any items marked "confidential," said Judge Dzintra Janavs
of California Superior Court for Los Angeles County.

ICANN ( news - web sites) could then seek a court order to stop Auerbach
from releasing the information.

Auerbach is among critics who contend that ICANN, which oversees Internet
domain and addressing policies, is too secretive and caters more to
commercial interests than the public good.

Ruling from the bench, Janavs also said ICANN must send Auerbach
non-confidential electronic documents by Friday and allow him to inspect
paper records at ICANN's Marina del Rey, Calif., office by next week.

The court did not grant Auerbach a right to copy documents, something he had
sought. 

Still, Auerbach said he was pleased with the ruling.

"Now I'm actually going to look at materials I should have been able to see
18 months ago," he said.

ICANN's bylaws gives directors "the right at any reasonable time to inspect
and copy all books, records and documents of every kind." It also requires
that ICANN establish reasonable procedures to protect confidentiality.

ICANN tried to require Auerbach to first sign a nondisclosure agreement.

Mary Hewitt, an ICANN spokeswoman, said the judge's order reflected much of
what ICANN was prepared to permit if he had signed the agreement, noting
that any disputes over disclosure would have ended in court anyhow.

Nevertheless, she said ICANN was considering an appeal.

The decisions of ICANN, which was selected in 1998 by the U.S. government,
ultimately affect how users find Web sites and send e-mail.
Auerbach is one of five elected members on the 19-member ICANN board. His
term expires in November, and ICANN already has said it will not hold
another round of elections.



------ End of Forwarded Message