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    - The 'Unsettled Paradox': The Internet, the State, and the Consent of the Governed

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    - Sitefinder and Internet Governance
    - ICANN, Internet Stability, and New Top Level Domains
    - Geeks and Greeks
    - ICANN and the Problem of Legitimacy

    Highlights of the ICANNWatch Archive
    (June 1999 - March 2001)


     
    This discussion has been archived. No new comments can be posted.
    Cavebear meets stonewall | Log in/Create an Account | Top | 36 comments | Search Discussion
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    M. Stuart Lynn's response
    by fnord (groy2kNO@SPAMyahoo.com) on Wednesday December 05 2001, @08:21PM (#3942)
    User #2810 Info
    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.

    Many thanks
    Stuart

    _______

    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.
    --

    __________________
    Stuart Lynn
    President and CEO
    ICANN
    4676 Admiralty Way, Suite 330
    Marina del Rey, CA 90292
    Tel: 310-823-9358
    Fax: 310-823-8649
    Email: lynn@icann.org

    [ Reply to This | Parent ]
    Re: M. Stuart Lynn's response
    by fnord (groy2kNO@SPAMyahoo.com) on Wednesday December 05 2001, @11:57PM (#3943)
    User #2810 Info
    1

    Read the rest of this comment...

    [ Reply to This | Parent ]
    Re: M. Stuart Lynn's response
    by ehasbrouck on Thursday December 06 2001, @12:40PM (#3954)
    User #3130 Info | http://hasbrouck.org
    Nothing in the Bylaws of ICANN can override California law. But the reluctance of ICANN staff to accept the implications of the word "absolute" in the statute on directors' right of inspection is similar to their reluctance to accept the implications of the words "maximum extent feasible" in the Bylaws on transparency. A major reason for my reconsideration request on the .aero agreeemnt is to get the Board to deal with the "maximum extent feasible" clause in the Bylaws. So far as I know, the meaning of this important clause has never been discussed by the Board.
    [ Reply to This | Parent ]
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