| At Large Membership and Civil Society Participation in ICANN |
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Why Did ICANN Do It?
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Perhaps California has a whistleblower law. If not, this may be a good example for why it should. But I also have a question for Michael or other legal minds. Once Karl leaves office, is he not then free (or at least freer) to disclose what he knows? He no longer has any fiduciary responsibility. I mean it's not like he can still be some kind of member because there ain't no such thing. Hmmm, mebbe they better extend his term. Declan McCullagh's Politech list has some coverage, including a
link to the ruling in HTML format. I hope the Cavebear sleeps well tonight, he's earned it, and I don't envy him the work ahead. -g
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Re: Why Did ICANN Do It?
by fnord
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But I also have a question for Michael or other legal minds. Once Karl leaves office, is he not then free (or at least freer) to disclose what he knows? He no longer has any fiduciary responsibility.
He does. Besides, the court order, once formalized and entered (we still have to draft the formal order), including the provision that he must give ICANN 10 days notice before disclosing confidential documents, will be binding on him personally, not just in his capacity as an ICANN Director.
-J, one of Karl's attorneys
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From the above link to the HTML version of the ruling:Furthermore, Lynn's 10/5/01 letter violates both section 6334 and Bylaws Article V, Section 21 because it deprives Auerbach of the inspection rights he has under law and imposes such unreasonable requirements as having to sign a confidentiality agreement and having to pursue burdensome review in any effort to enforce his inspection rights. Doesn't Lynn also have a duty not to deprive a Director of his legal rights, and responsibilities, to do his fiduciary duty? Who hired this guy? I mean really. I never have found out who was on a search or hiring committee. Lynn was brought in as a short term fallguy to front for crap like this and the ICANN Reform movement. He takes most of the heat but he's leaving. The rest, and worst, of the rot remains. -g
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