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    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    This discussion has been archived.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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    Re: Cavebear meets stonewall
    by Anonymous on Saturday December 08 2001, @12:12PM (#4006)
    To: declan@well.com, gnu@toad.com
    Subject: Re: FC: ICANN replies to board member's attempts to review
    financial info
    Date: Wed, 05 Dec 2001 20:48:40 -0800
    From: John Gilmore

    Declan, Karl Auerbach is right that California law gives him, as a
    company director, an "absolute right" to inspect the premises and
    properties and documents of the organization that he's a director of,
    at any time. I am currently a director of at least half a dozen
    organizations, have sat on the boards of many others, and take this
    right very seriously. Without it, I would have personal
    responsibility for the organization's deeds, without even the
    authority to determine what the organization is doing!

    Neither the board of the organization, nor its staff, can override
    California law by making up some "rules" for when or how directors are
    "allowed" to exercise this absolute right.

    Besides having many things to hide, though, Stuart Lynn and ICANN also
    have the benefit of terrible legal advice, that's been designed to
    keep the ICANN organization from ever being accountable to anyone.
    'Volunteer' lawyer Joe Sims, who collected big fees once ICANN started
    imposing costs on domain owners, set up this uncontrollable monster
    even while Jon Postel was alive. The original theory was to make sure
    that billionaire monopolist Network Solutions couldn't sue the "new
    IANA" into oblivion before it could turn monopoly into competition.
    But the US Government derailed that idea for years -- long enough for
    SAIC to sell Network Solutions and head for the hills. Sims and Lynn
    and the (unelected) majority on the ICANN board have seen fit to
    perpetuate the same structure -- including ongoing attempts to cut
    back the number of elected directors to a minority. It would look too
    bad to eliminate elected directors totally. But if they can be made a
    small minority that loses every vote, and given no individual power to
    oversee the organization, then they aren't a threat to the
    organization's ability to run its monopoly without public oversight.


    [ Reply to This | Parent ]

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