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FW: IP: Karl Auerbach brought legal action against ICANN today

------- Forwarded message follows ------- Date sent: Mon, 18 Mar 2002 15:18:20 -0500 Send reply to: Law & Policy of Computer Communications <CYBERIA-L@LISTSERV.AOL.COM> From: Richard Forno <rforno@INFOWARRIOR.ORG> Organization: www.infowarrior.org Subject: FW: IP: Karl Auerbach brought legal action against ICANN today To: CYBERIA-L@LISTSERV.AOL.COM

>From the IP List.

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-----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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