IP: Karl Auerbach brought legal action against ICANN today

[David Farber <dfarber () earthlink net>]

-----Original Message-----
From: "Karl Auerbach" <karl () cavebear com>
Date: Mon, 18 Mar 2002 10:41:54 
To: David Farber <farber () linc cis upenn edu>
Subject: I brought legal action against ICANN today


As you know, I am a Director of ICANN.  And as you also know, I have been
trying to inspect ICANN's financial records (and other materials) ever
since I got onto the Board of Directors.  But ICANN has created delays and
obstacles - I've been stonewalled for nearly a year and a half despite the
fact that under California law I have the "absolute right" to make such an
inspection.

ICANN wants me to check my independent judgement at their door and submit
to ICANN managment's dictates when I come to inspect the records. But I
say that just as the mice are not in a position to dictate the menu to the
cat, corporate management is not in a position to dictate to a Director
how that Director shall exercise his or her duty of making independent
judgements about the best interests of the corporation.

So today I filed a Petition For Writ of Mandate To Compell Inspection and 
Copying of Books, Records and Documents to require ICANN to let me inspect 
the corporate records without having to check the independence of my 
judgement at the door.

The petition is at:
        http://www.cavebear.com/icann-board/petition-march-18-2002.pdf

The EFF press release is at:
        http://www.cavebear.com/icann-board/eff-release-mar-18-2002.txt

                --karl--

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