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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    This discussion has been archived.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: M. Stuart Lynn's response
    by fnord (groy2kNO@SPAMyahoo.com) on Wednesday December 05 2001, @11:57PM (#3943)
    User #2810 Info

    Read the rest of this comment...

    [ Reply to This | Parent ]
    Re: M. Stuart Lynn's response
    by Anonymous on Thursday December 06 2001, @09:00AM (#3948)
    Stuary Lynn's response is very disingenuous:

    First, he says that I can see the documents - but only if I sign restrictive covenents first. But it is the fact that I have no obligation to sign those agreements which is at issue. It is my contention that I not only have no obligation to sign, but that signing would be to surrender my right of independent judgement which is imposed upon me as a Director.

    Second, those agreements are not the result of the audit committee. Yes, there are procedures that were emitted by that committee - and I did object to those procedures to the entire board - but ICANN's management has quietly extended those procedures with additional requirements, restrictions, and demands. These additional requirements have not ever been presented by ICANN's management to the board of directors and as far as I can tell are being imposed on me alone among all of the directors.

    Third, I do wonder about the motive of ICANN. As far as I have been able to ascertain ICANN has not, even after three years of existance, created a confidentiality policy for its employees. Yet, here is ICANN trying to impose on a Director, a person who already is obligated to protect the corporation, a contract that ICANN isn't even willing to impose on its own employees.

    (The matter of the existance and content of an employee handbook, an employee proprietary rights agreement, and other such protective agreements with employees is one of the items that is the subject of my request for inspection. It is apparent that ICANN considers these to be confidential!)

    Fourth: I wonder about who is setting himself above whom. I have a statute on my side that gives me the "absolute right" to inspect and copy corporate documents. ICANN's management has nothing of that nature. My right of to act exists in me individually and is not predicated on agreement by the entire board or corporate management.

    Thus the matter is this: Why is ICANN's management setting itself above the clear dictates of California law? Why is ICANN, which is required by its own bylaws to "operate to the maximum extent feasible in an open and transparent manner" so quick to try to label everything as secret, even from its own Directors?

    [ Reply to This | Parent ]

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