IP: EFF statement on -- Court Grants Access to Net Regulatory Corp Records

[Dave Farber <dave@farber.net>]

Electronic Frontier Foundation Media Release

For Immediate Release: Monday, July 29, 2002


Contact:

Cindy Cohn
  Legal Director
  Electronic Frontier Foundation
  cindy@eff.org
  +1 415 436-9333 x108 (office), +1 415 823-2148 (cell)

James S. Tyre
  Attorney
  Law Offices of James Tyre
  jstyre@jstyre.com
  +1 310 839-4114


Court Grants Access to Net Regulatory Corp Records

Director Successful in Challenge to ICANN's Obstruction

Los Angeles - Internet Corporation for Assigned Names and
Numbers (ICANN) Director Karl Auerbach prevailed in his
lawsuit against ICANN today, gaining access to records
management had improperly withheld for more than 18 months.
Rejecting ICANN's claim that it could impose vague and broad
restrictions on Auerbach's access, Judge Dzintra Janavs
ordered ICANN to provide the records within a week.

"I'm pleased that I will finally be able to do what I was
elected to do - to oversee ICANN's activities," said
Auerbach, who the Electronic Frontier Foundation (EFF)
represented.

Auerbach began asking for corporate records in November
2000, shortly after he was voted as the North American
Elected Director of ICANN. After ICANN management delayed
for nine months, it granted Auerbach conditional access to
corporate records if he signed a "policy" -- which the Board
of Directors had not ratified -- that placed his ability to
access and copy the records at ICANN's sole discretion.

"California law is clear that directors must oversee the
operations of a non-profit corporation," explained
Auerbach's lead attorney, James Tyre. "We are pleased the
judge recognized that ICANN was essentially trying
to deny Mr. Auerbach his rightful access under the law."

The court's tentative ruling stated that ICANN's inspection
procedures "unreasonably restrict directors' access to
corporate records and deprive directors of inspection rights
afforded them by law."

"Auerbach's intent to reform ICANN is not a legitimate basis
for limiting his role as director," said EFF Legal Director
Cindy Cohn. "Today's headlines exposing rampant corporate
fraud demonstrate the need for careful oversight by
directors."

EFF is scanning in the tentative ruling and will soon make
it available online. The case, entitled Auerbach v. ICANN,
case no. BS074771, was filed in California Superior Court,
Los Angeles County.

For this release: 
http://www.eff.org/Cases/Auerbach_v_ICANN/20020729_eff_icann_pr.html

For the court's ruling:
http://www.eff.org/Cases/Auerbach_v_ICANN/20020729_superior_court_ruling.htm
l

Documents related to the Auerbach v. ICANN case:
http://www.eff.org/Cases/Auerbach_v_ICANN/


About EFF:

The Electronic Frontier Foundation is the leading civil
liberties organization working to protect rights in the
digital world. Founded in 1990, EFF actively encourages and
challenges industry and government to support free
expression and privacy online. EFF is a member-supported
organization and maintains one of the most-linked-to
websites in the world at
http://www.eff.org/

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