I reformatted Mr. Lynn's letter, already provided by Anon, to respond to it. I reprint it in its entirety here, my attempt at deconstruction follows. -g |
Date: Wed, 5 Dec 2001 14:01:31 -0800
To: David Farber , "Declan McUllough" [sic]
From: "M. Stuart Lynn"
Subject: Response to Karl Auerbach's note
The postings from Karl Auerbach to your lists regarding access to records were forwarded to me. I thought each of you might be interested in my response below. Feel free to post or not, of course, as you see fit.
Karl is free to examine ICANN records any time he is ready to comply with established procedures that apply to him and any other Director -- in
complete accordance with California law. Karl is not being singled out.
Among other reasonable provisions, these procedures are designed to protect confidential records, such as personnel files. Karl wishes to set himself above the direct or delegated authority of the ICANN Board of Directors, in declaring himself as the sole determinant of what is confidential and what is not. That is not his prerogative according to
California law or ICANN bylaws.
The procedures to which he objects were endorsed by the Audit Committee of the ICANN Board, to whom the Board has delegated responsibility for this general area. He is always welcome to take his objections to the full Board should he wish. So far, he has not chosen to do so.
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