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Re: [ga] Getting Heard by the ICANN Board/Liaisons

  • To: Karl Auerbach <karl@xxxxxxxxxxxx>, ICANN principles-comments <principles-comments@xxxxxxxxx>
  • Subject: Re: [ga] Getting Heard by the ICANN Board/Liaisons
  • From: Jeff Williams <jwkckid1@xxxxxxxxxxxxx>
  • Date: Mon, 18 Dec 2006 03:12:33 -0800

Karl and all,

  Thank you Karl for pointing up Vittorio's sneak here.  Well done.

  In case anyone here has missed it, it is clear from Vittorio statement
he is "culling the nest" as it is commonly known...  In more direct language,
Vittorio is yet again attempting to front load the ability to not inform
or provide viable and perhaps important information to stakeholders/
registrants/users in the future when ask.

 So again some dishonesty and deceit seems to be afoot here and
not unexpected from Vittorio...

Karl Auerbach wrote:

> On Thu, 14 Dec 2006, Vittorio Bertola wrote:
>
> > kidsearch ha scritto:
>
> > I will have all prerogatives of Board members, fully participate in the 
> > Board
> > mailing list and meetings, and obtain access to documents and information
> > that Directors have, under similar confidentiality rules
>
> What confidentiality rules are board members under?
>
> Remember, I went through a legal action in which the judge declared
> ICANN's conditions on my access to be unlawful.
>
> The case record may be viewed at:
> http://www.eff.org/Infrastructure/DNS_control/ICANN_IANA_IAHC/Auerbach_v_ICANN/
>
> Have directors forgotten that?  Have they continued the ICANN tradtion of
> Directors who are too insipid to even resent unlawful shackles on their
> rights and duties?
>
> Remember, under California law, directors have the "absolute right to copy
> and inspect".  And that word "absolute" means absolute, unconditioned,
> unconstrained by anything less than the director's fiduciary duties and a
> reasonable time.
>
> Here it is right from the California Corporations Code:
>
>    6334.  Every director shall have the absolute right at any
>    reasonable time to inspect and copy all books, records and documents
>    of every kind and to inspect the physical properties of the
>    corporation of which such person is a director.
>
> And those fiduciary duties that govern exercise of this right are towards
> the corporation but, because ICANN is a public-benefit corporation,
> a director must consider the broader public interest when deciding what is
> and what is not in the corporation's (ICANN's) interests.
>
> If you are a full director and ICANN is imposing restraints, tell 'em to
> jump in a lake.
>
> > There is a provision in the Bylaws that should allow me to share 
> > confidential
> > information with members of the entity I liaise with (the ALAC), under
> > clauses established by the Board.
>
> Again, if you are a full director, that constraint would be improper.
> Your decisions are guided by board advice, but you are the final arbiter
> for which you, if you are a director, are responsible.
>
> And that goes for information shared with *anyone* - not merely the ALAC.
>
> If you are a director it is your choice, guided by your fiduciary duty,
> but not dictated by the board, by any member of the board, by any
> resolution of the board.  All those things you take as strong advisements,
> but not as dictates.
>
> But if you are not a director, then you are in limbo.
>
>                 --karl--

Regards,

--
Jeffrey A. Williams
Spokesman for INEGroup LLA. - (Over 134k members/stakeholders strong!)
"Obedience of the law is the greatest freedom" -
   Abraham Lincoln

"Credit should go with the performance of duty and not with what is
very often the accident of glory" - Theodore Roosevelt

"If the probability be called P; the injury, L; and the burden, B;
liability depends upon whether B is less than L multiplied by
P: i.e., whether B is less than PL."
United States v. Carroll Towing  (159 F.2d 169 [2d Cir. 1947]
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