IP-FLASH letter from the ACLU on ICANN leafleting restrictions

[David Farber <dave () farber net>]

[ I personally endorse this letter to ICANN djf]


> From: Chris Chiu <CCHIU () aclu org>
> To: dave () farber net
>
> November 9, 2001
>
> Dr. Vinton Cerf
> Chairman
> Internet Corporation for Assigned Names and Numbers
> 4676 Admiralty Way, Suite 330
> Marina del Rey CA 90292-6601
>
> Dear Dr. Cerf:
>
> It has come to our attention that the Internet Corporation for Assigned
> Names and Numbers (ICANN) plans to restrict leafleting at its meetings in
> Marina Del Rey on November 12-15, 2001.
>
> Specifically, ICANN will not permit anyone to distribute leaflets or other
> such materials at the conference unless they pay at least $5000. This plan
> is explained on ICANN's website:
>
> "A table will be provided for distribution of literature for sponsors only.
> Additional recognition of sponsorship is listed below in the description of
> each level. An organization that is not a sponsor will not be permitted to
> distribute materials in the meeting area."
>
> The lowest level of sponsorship requires a minimum payment of $5000.
>
> We are deeply troubled by this development, and we urge you to revoke the
> ban. This decision runs counter to Article III of ICANN's own Bylaws, which
> requires the organization to be open and transparent to the general public:
>
> "The Corporation and its subordinate entities shall operate to the maximum
> extent feasible in an open and transparent manner and consistent with
> procedures designed to ensure fairness."
>
> The restriction on leafleting will diminish the public confidence in the
> quality of the ICANN's decision-making that Article III was intended to
> foster, as well as substantially prejudice the rights of many persons with
> interests in ICANN's proceedings. ICANN can and should hear from all points
> of view and encourage public debate regarding its activities. As many
> observers have pointed out, "ICANN must rededicate itself to its original
> conception as a decentralized, bottom-up organization." Your organization
> has already been criticized as suffering from a "democracy deficit." This
> ban on leafleting will only further fuel these fears.
>
> Moreover, your decision raises significant free speech issues. It has long
> been recognized that the right to distribute flyers and literature is a
> protected form of expression. In some instances, leafleting even when other
> forms of speech have been prohibited. When an organization such as ICANN
> intentionally open a space for public discourse, it should refrain from
> imposing burdens on such discussions. By prohibiting leaflets (except from
> those who can afford to pay at least $5000), ICANN violates these basic
> freedom of expression precepts.
>
> Based on the foregoing, we urge you to rescind this ban.
>
> Sincerely,
>
>
> Barry Steinhardt
> Associate Director
> American Civil Liberties Union-National Office
>
>
> Peter Eliasberg
> Managing Attorney
> American Civil Liberties Union of Southern California