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    - Wrong Turn in Cyberspace: Using ICANN to Route Around the APA & the Constitution (html)
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    - Ruling the Root
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    - The 'Unsettled Paradox': The Internet, the State, and the Consent of the Governed

    Jonathan Weinberg
    - Sitefinder and Internet Governance
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    Highlights of the ICANNWatch Archive
    (June 1999 - March 2001)


     
    Lawsuits and Judicial Decisions Lastest Filings in Auerbach v. ICANN
    posted by michael on Tuesday May 21 2002, @04:42PM

    EFF has posted Karl Auerbach's latest filings in its Auerbach v. ICANN archive. They are considerably more dignified (not to mention persuasive) than ICANN's surprisingly splenetic rant in its earlier answer . The ICANN litigation strategy appears to be to try to make Auerbach look like some wild-eyed Communist-anarchist madman, but this set of filings should pretty much defang it.

    Once again, one has to ask why ICANN, which says it is broke, thinks this case is worth fighting? Indeed, I challenge any fair-minded reader to read the entire case file and explain what other than a guilty conscience or very great personal animus could possibly motivate ICANN's fighting this case.

    Certainly irrational personal animus can't be discounted as a possibility -- that's one of the primary reasons cases go to court instead of settling. If, however, it's the guilty conscience, then it's interesting to speculate as to what it is that ICANN might have to hide.



    I have to admit that my imagination boggles a little. I don't, for example, think there can be many financial scandals we haven't already heard about (e.g. all the first class travel by ICANN executives, payments to partisan consultants to manage the ICANN elections) if only because there really isn't that much money at stake. So one is left to grasp at somewhat hypothetical straws -- perhaps there's some smoking gun in the Jones Day engagement letter, or a belated disclosure of conflicts? If I had to guess, I'd say it all seems so unlikely. But that just makes ICANN's litigation stance all the more inexplicable: after all, if ICANN has some Secret That Must Be Kept, and a Director blabs it to ICANN's detriment, it can always sue the director aftwards for damages. That might make some money instead of costing it.

    Anyway, I understand that currently the hearing is scheduled for late June, with a decision possible on the spot, or a written opinion shortly afterwards. Perhaps the motivation will be clearer then.

     
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      Related Links  
  • Auerbach v. ICANN archive
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    This discussion has been archived. No new comments can be posted.
    Lastest Filings in Auerbach v. ICANN | Log in/Create an Account | Top | 1 comments | Search Discussion
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    Re: ICANN v. ?
    by ANNODOMINI2000 (reversethis-{KU.OC.OOHAY} {ta} {D0002DA}) on Saturday June 08 2002, @09:37PM (#7019)
    User #3359 Info | http://www.ad2000d.co.uk/
    Karl Auerbach is, from what I have read, a right-on kinda guy who stands up for the common people and 'small man' when people abuse their rights and are clearly and evidently biased in favo(u)r of big business (specifically, corporate America.)

    We (specifically myself as the representative of ANNO DOMINI 2000) are also now suing ICANN, as well as the National Arbitration Forum, UDRP Case Panel (for blatant failure to either endorse or police their own Rules and Policies) and also America Online (USA), Incorporated (for trademark abuse and anti-competitive practice.)

    Good luck Karl!

    Together we can change ICANN drastically, but we must stick together to fight for radical changes, or else we must insist that ICANN is replaced with a Democratic, Fair, Non-Profit, Internet-User based organisation...
    [ Reply to This | Parent ]


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