ICANN Board Member Wins Ruling

July 29, 2002 

A Southern California judge on Monday handed down a ruling that could force the organization that oversees the Internet address system to disclose sensitive information about how it operates. 

Karl Auerbach, who is on the board of the Internet Corporation for Assigned Names and Numbers, went to court to gain access to more ICANN documents. Los Angeles Superior Court Judge Dzintra Janavs ruled Monday that under California law, a board member must be granted access to such documents. 

Auerbach and his attorney, James Tyre, offered ICANN to provide a week's notice before going public with any sensitive information he might come across. Judge Janavs ruled that he would have to offer 10 days' notice. 

"They've been jerking me around, and finally a court said 'This is nonsense,'" said Auerbach, reached on his cell phone in Southern California. "You have to give a director the access he's legally entitled to." 

ICANN may appeal the decision, according to spokeswoman Mary Hewitt, but won't decide on that until it studies Judge Janavs' ruling more thoroughly. She played down the verdict as mostly giving Auerbach what he could have had last year -- if he had agreed to sign a nondisclosure agreement. 

"Karl won, and we won," she said. "There's not a lot that has changed, except that we respectfully disagree with one part of the judge's ruling, where she ruled that California law does not permit nonprofits to place restrictions on directors' inspection rights. But the procedures are still the same. He's back to where he was a year ago. 

More details at: http://www.wired.com/news/politics/0,1283,54199,00.html

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