ICANN Director Sues ICANN for Access to Records 128
According to an EFF press release (press release mirror) today, Karl Auerbach (the North American elected representative to ICANN's board) filed suit (petition mirror) today against ICANN itself to obtain financial and other records that he has been seeking to obtain since December 2000. As a bit of background, according to general summaries that ICANN has released, it now spends about $6 million per year (for a job that used to be done by volunteers); roughly half of all the money it spends goes to the law firm of Jones Day.
Is this on the front page? (Score:1)
Anyway, any large evil corporation of which ICANN currently resembles far more than a democratically elected board almost always spends a good portion of its money for entrenchment with the fear of the light footed and legally just taking over. Look at rambus.
Something is fishy here (Score:5, Insightful)
Though not an admission of wrongdoing, it does raise some serious issues on how ICANN is run.
One question, was this director already aware of any wrongdoing, or just checking some facts out?
Re:Something is fishy here (Score:1, Interesting)
Too bad it wasn't a corporation where you can get the law on yourside (because the guy that started it all WAS a lawyer).
Re:Something is fishy here (Score:1)
In fact, this is closely related.
The only difference seems to be that instead of one good guy, there was only one bad guy.
Cheers!
Re:Something is fishy here (Score:1)
Gee, isn't that one "dude" Michael, the slashdot
editor who posted this ICANN story in the first
place??
Re:Something is fishy here (Score:5, Insightful)
A Board of Directors has a fiduciary responsibility to the Corporation. Anyone in management who attempts to withhold access from a Board member should be subject to immediate termination. I'd love to see how the insurer carrying their D&O policy would react to this type of activity. It seems, being non-profit under 501(c)3, it's even more paramount for the board member to insure the finances are in order. It sound like management doesn't realize they are employed BY the Board, and that goes for their legal team as well. (It's interesting to note someone mentioned a law firm receiving a substantial portion of the expenses. Check the 'contributions exceedind 5,000.00' in their financial statements)
Public Record (Score:5, Interesting)
Appears as though ICANN wants to take something that was apparently public record and turn it into private, proprietary information. Not really a smart thing to do after the request has been made.
"Here, take a look at our records. Oh, wait, you might use some of this against us? Never mind, sign this binding agreement so we can take care of our CYA initiative."
Re:Public Record (Score:2)
Re:Public Record (Score:2)
I've said this before (Score:5, Interesting)
ICANN was designed to give legitimacy to the way the net is run, and the only way that they could have done that was to spend money. As soon as money entered the picture politics followed. Get rid of both and start from scratch with a better designed and built system. One where democracy rules, where the law is applied equally to both big companies and the little guy.
Just a side point, what would it take to replace the 13+ root dns servers?
Re:I've said this before (Score:1, Redundant)
Why on earth would you need to do that? Just get folks that run DNS servers to look to the new ones for their updates...
Re:I've said this before (Score:1, Interesting)
Read the post carefully, now. That was the first case. The second case was for where the entire DNS system was replaced with some new standard. There's a lot of hardware and software that have a single IP for a NS, pulls the name records, and does simple parsing to deconstruct a FQDN without much error checking. All that would break if you had a new standard unless you could entirely simulate DNS on top of the new standard. There's no reason the new standard has to be anything like the current DNS in form or operation.
Re:I've said this before (Score:2, Insightful)
Re:I've said this before (Score:2, Informative)
Prehaps if these probably start getting worse, alternatives may form.
Re:I've said this before (Score:5, Informative)
One of them is OpenNIC [unrated.net].
The challenge is just getting people to use the other routes. Most people don't think there's a problem. Mainly because they don't know what's going on with ICANN.
Doh. (Score:1)
I hate to say it... (Score:3, Funny)
...but if you move the root dns servers to another universe, we won't be able to access them from here, so it'll be moot.
Re:I've said this before (Score:2)
Re:I've said this before (Score:4, Interesting)
ICANN and Antitrust, by A. Michael Froomkin and Mark A. Lemley [miami.edu]:
Sig: What Happened To The Censorware Project (censorware.org) [sethf.com]
Re:and I'll say it again (Score:1)
Re:I've said this before (Score:1)
er... it's actually not a route around for the Alternate, deprecated, legacy system operated by ICANN - It's a complete replacement.
BTW, This "ICANN Director" (Karl, that is) operates the
JP (Score:5, Insightful)
Do we really need a huge, opaque, multimillion dollar organization to do... what is they're supposed to do anyway, manage the DNS space? Sheesh.
Re:JP (Score:1)
Re:JP (Score:1)
Re:JP (Score:1)
Re:JP (Score:2, Informative)
Also, to clarify:
ICANN/IANA's work has not been volunteer for many, many years. It used to be paid for by different funding agencies (like DARPA, NSF, or ISOC), but it was never free.
Re:JP (Score:3, Interesting)
He also tried to open up the root servers at one point, and I believe one of hte major powers semi-involved (netsol?) actually got the FBI involved to ORDER him not to interfere.
Something about him contacting the root servers to organize the addition of some other stuff.
Re:JP (Score:2)
and he did it a helluva a lot more efficiently.
No, JP didn't do what ICANN does. (Score:5, Insightful)
Re:No, JP didn't do what ICANN does. (Score:1)
It is a shame that the "democratic" ICANN, with a huge budget still perform considerably worse than a single man did in his spare time...
And ICANN was supposed to be a step forward. But it has mostly brought politics, greed and corporatism to the net.
Some democracy on the net would be nice though, but ICANN is not it.
ICANNOT (Score:3, Funny)
Re:ICANNOT (Score:1)
/.'d bandwidth bills... (Score:1, Troll)
ICANN is a waste of money (Score:5, Informative)
Let me mention the issue where NSI and some other players not release the expired domains back to the pool. What did ICANN do about it?
Check out these links
NSI abuse [icannwatch.com]
Verisign's status [dnso.org]
I'm sorry... (Score:1)
This is extremely disturbing (Score:5, Funny)
I was rather amused though by board member Wilson's comment to Auerbach that his request for records had been rejected because he has requested them in Electronic Form; after all. ICANN can't be expected to be particularly technologically savvy. It's not like they do business in a high tech field. In fact, It's a miracle they even have a board member mailing list, from the tone of the petittion.
--CTH
Core of Auerbach's petition (Score:5, Informative)
Sig: What Happened To The Censorware Project (censorware.org) [sethf.com]
Re:Core of Auerbach's petition (Score:1)
You'd never see the end of the Troll vs. Editor wars then. The other
Good luck! (Score:2, Funny)
Can someone please help me out for a second (Score:3, Interesting)
Re:Can someone please help me out for a second (Score:2)
Sig: What Happened To The Censorware Project (censorware.org) [sethf.com]
Re:Can someone please help me out for a second (Score:4, Interesting)
Re:Can someone please help me out for a second (Score:5, Insightful)
Re:Can someone please help me out for a second (Score:1)
"I know from my own emperical investigation that almost all of the ICANN board of directors are dicks."
I was unclear why Karl was suing the coperation that he directed and I didn't even thing that he directed it...then several people clarified that he was on the board of directors and not THE director.
Yeah yeah yeah, I know you were trolling. Real trolls don't hide behind the vail of an AC though.
What has ICANN done for us? (Score:2, Interesting)
Do they do anything else? I would love anywho who saved us from SPAM, but they can't seem to do that. I would love it if someone could lower the cost of registering domain names to close to the real cost, but they can't seem to do that. I would love it if they could promote more stable, secure protocols, but they aren't close to considering questions like that.
So can anyone else articulate something they have given us?
Re:What has ICANN done for us? (Score:1)
Re:What has ICANN done for us? (Score:2, Funny)
I hope Karl Auerbach is a good guy (Score:2, Insightful)
If he sees that requesting the information would be rejected, he could do it on purpose, be refused, and then raise a huge stink about it in hopes of drawing attention to himself as a poor guy getting trounced by THE MAN. Kind of like saying "... so you won't tell me your secerets? What are you hiding? Hey everone, this guy is hiding something, he must be evil!"
I agree that the organization should cough up the information out of principle, but if Karl is requesting them becasue he can see that he would get personal (and political) gain out of it, we're choosing between two evils.
Umm (Score:3, Insightful)
IT is *illegal* for them to not provide him with the requested records. He's a director of the company!
So political gain or not, he is right.
Re:I hope Karl Auerbach is a good guy (Score:2)
Sig: What Happened To The Censorware Project (censorware.org) [sethf.com]
My usual question... (Score:1)
After all, IANAL, and Babelfish doesn't translate 'legalese'...
Re:My usual question... (Score:2, Informative)
Sig: What Happened To The Censorware Project (censorware.org) [sethf.com]
Re:My usual question... (Score:2)
Now, THERE'S a killer app!
Calling All Lawyers... (Score:2)
Re:Calling All Lawyers... (Score:4, Informative)
-J, not all lawyers, but Karl's lawyer
Re:Calling All Lawyers... (Score:1)
Now ICANN is a non-profit US based corporation, but I'm certain the principles are the same. If an undue amount of money is going in particular directions, Auerbach is right to ask why. My only question is where are the rest of the "about to be out of a job, at-large representatives"?
Meanwhile, Back at ICAAN Headquarters (Score:5, Funny)
VRMMMMM VRMMM SHHHHHHHHHRREEWWW.
Re:Meanwhile, Back at ICAAN Headquarters (Score:1)
Re:Meanwhile, Back at ICAAN Headquarters (Score:1)
Re:Meanwhile, Back at ICAAN Headquarters (Score:2, Funny)
[as seen on a board around here]
The partner at Anderson said "Ship the Enron documents to the Feds." But you heard "Rip the Enron documents to shreds."
Turns out it was just a case of bad cellular.
Sprint PCS, etc., etc. :)
For roughly $500 000... (Score:5, Funny)
Which is, all told, a helluva deal for everyone. I'll be a lot cheaper, and you can be damn sure that even at my worst, I can't be even 1/10th as bad as ICANN.
Re:For roughly $500 000... (Score:1)
influence (Score:1)
Re:influence (Score:3, Insightful)
I suspect a lot of the budget that isn't going to the law firm is going to pay for all the meetings in out-of-the-way places they use to hide what they're up to while pretending to be global. Ghana?!? Who had that bright idea? Including all the laptops of members and lackeys and press, the number of PCs in Ghana likely doubled for the duration of the conference. Nice work if you can get it, I suppose.
Orwell was RIGHT! (Score:2, Insightful)
All Animals Are Equal
But Some Animals Are More Equal Than Others
LOL!
Half of ICANN's 6 Million dollar budget (Score:5, Interesting)
Lots more questions then beg to be answered. How many lawyers was the money paying for. What did they do? Is the same law firm the one suggesting ICANN not release the financial documents? Are any of ICANNS managers benefitting from diverting so much money to the law firm?
Oh man people are going to want to know answers to all these things, while ICANN skitters around looking for something to scurry under to escape the terrible light.
Re:Half of ICANN's 6 Million dollar budget (Score:3, Interesting)
Re:Half of ICANN's 6 Million dollar budget (Score:1, Informative)
Google "Banff Springs Fairmont" if you want a hint.
Now, why would I post this as an anonymous coward?
Sounds like... (Score:1)
ICANN meeting in Ghana (Score:3, Interesting)
The main issue seems to be fear of increasing US influence. Looks like Esther Dyson has less money to roll naked in since she pledged $10k to studey of "at-large outreach".
How this square with
Quote "Lynn (The ICANN CEO) also published a 17,000-word proposal calling for elections to be abolished and to more closely involve national governments"
unquote
is beyond me.
And who pays these gentelmen? (Score:1)
ICANNWATCH.org - dedicated ICANN-watching site (Score:5, Informative)
ICANNWatch [icannwatch.org]
(which is also covering this story [icannwatch.org])
Note the michael posting articles on that site is A. Michael Froomkin [www.law.tm], not Slashdot's Michael Sims [sethf.com]
Re:ICANNWATCH.org - dedicated ICANN-watching site (Score:1)
.
ICANN't? (Score:2, Funny)
KARL: Give me the financial records!
ICANN: ICANN't let you do that Karl...
Sorry, didn't see that anyone had done it so I had to... =)
This is interesting... (Score:2, Funny)
Who do we sue? (Score:2)
To whom do we petition to have that power revoked?
--Blair
"The revolution will be webcast."
Re:Who do we sue? (Score:4, Insightful)
They aren't really accountable to anyone, at least in the traditional sense. Their real power is entirely defacto. You give them power when you use (or run) nameservers that point to their roots.
For most people, the party to petition is your ISP. Whoever runs the resolver you use, needs to point to other roots. If that party is unresponsive to your desires, then you can either find someone else's resolver to use, or run your own bind or djbdns (or similar software) to query from the roots yourself.
I believe a few months ago, I saw that someone on the OpenNic forums was making a resolver or two open to the public, for people who don't want to mess with such details. Beware that using a far-away resolver does come with a slight performance hit.
Re:Who do we sue? (Score:2)
How do we stop the flow?
--Blair
Re:Who do we sue? (Score:1)
Devil's Advocate (Score:2, Informative)
From bylaws (in press release):
"The Corporation shall establish reasonable procedures to protect against the inappropriate disclosure of confidential information."
Surely an NDA would fall into this category, given they believe he is someone that is likely to publicly raise issues.
That said, the state law "absolute right" would seem to contradict that.
Re:Devil's Advocate (Score:2)
I'm won't speculate about whether Karl Auerbach is right or not about ICANN (I have a conflict of interest there, as I'm involved with .name [nic.name]).
But the above is essential, because what Karl is saying is that he believes that the terms imposed on him, seemingly arbitrarily, are so restrictive that if he signs it it may allow ICANN management to restrict his ability to make any records he obtains available to persons needed to assist him in his legal duties. Duties which he can end up in jail if he don't carry out and there later turns out that ICANN has broken the law.
That could include discussing the documents with his lawyer, showing them to government agencies (such as the IRS) that may have a legitimate interest (if there turns out to be issues that put a doubt on ICANNs right to nonprofit status for instance), or having an auditor verify that the ICANN retained auditors have indeed done their job properly.
All of these are seemingly innocent actions, and it may very well be that if Mr. Auerbach had signed the document provided by Stuart Lynn that ICANN wouldn't have objected to him showing the documents to the above mentioned people. But what if they do, and Auerbach has just signed away his right to?
In that case he has signed away an essential tool of complying with his duties as a director.
So even if ICANN is squeaky clean and just wants to protect sensitive information, I can perfectly understand that Auerbach don't want to take the risk of taking ICANN management on its word.
Internet Enron (Score:1)
Something smells...VERY BAD.
-hack
Jones, Day, Reavis & Pogue (Score:5, Interesting)
Have you checked out JDRP.com - and their people involvement with ICANN?
A quote from a Karl Auerbach:
Jones, Day, Reavis & Pogue is ICANN's law firm, and has been so since the day of ICANN's birth. Indeed Jones-Day actually performed the incorporation ceremony in its Los Angeles offices.
Jones, Day, in the person of its principle man-on-the-ICANN-scene, Joe Sims, was present for at least half a year before ICANN was born, working in the shadows, responding to unknown interests and possibly making unknown deals. About all we know about that period is that those who were not insiders to Joe Sims process were ignored and that those who objected were treated with condescension and abuse.
Over the life of ICANN, Jones, Day has been the the dominant creditor of ICANN.
Even now Jones, Day continues to receive a lion's share of every dollar that flows into ICANN.
And one of Jones, Day's partners, Louis Touton, left the firm to become ICANN's Vice-President, Secretary, and General Counsel.
There is in my mind a question about the appearance of propriety.
Karls platform [cavebear.com].
***End quote.
In a good two month period, October and November 2000, they got $465,553.67 from ICANN.
ICANN minutes [icann.org].
As it one of the largest intellectual property practice groups in a general-practice law firm - with more than 85 intellectual property lawyers, I would imagine Jones, Day, Reavis & Pogue make a lot of money on trademarks problems on the Internet.
Jones, Day, Reavis & Pogue [jonesday.com].
Virtually every word is trademarked, be it Alpha to Omega or Aardvark to Zulu - even common words you learnt with your A B C's - apple, ball and cat - most many times over.
MOST share the same words or initials with MANY others in a different business and/or country. For example, the World Trade Organization (WTO) shares its initials with six trademarks - U.S. alone [uspto.gov] (please check). Conflict is IMPOSSIBLE to avoid.
The solution to this problem has been ratified by experts - so that ALL registered trademarks can be identified on the Internet.
Jones, Day, Reavis & Pogue know this solution.
They would lose a lot of money, if there was less trademark problems on the Internet - wouldn't they?
Draw your own conclusions - but it is my opinion they do not want the solution to 'consumer confusion', 'trademark conflict' and 'passing off' problems on the Internet.
There is in my mind certainly no question about the appearance of corruption - it is beyond doubt.
Please visit WIPO.org.uk [wipo.org.uk] to see. No connection with the United Nations WIPO.org.
Help them out... support the EFF! (Score:3, Informative)
http://www.eff.org/perl/join [eff.org]
Everyone likes to talk about fighting for causes like freedom of speech, privacy, and individual's rights. But, the EFF takes on cases that fight for these things all the time! If you support Karl's fight against ICANN head on over and donated $10 or $20 now!
Put your money where your mouth is!
Because ICANN (cheap shot) (Score:3, Interesting)
Pissy and Self-serving behavior (Score:2)
But this sort of problem isn't restricted to ICANN. It's all over. People are constantly entering themselves into pissing contests over matters of ego. Ironically, there is such an on-going "matter of ego" going which includes the posting editor of this very thread. I suspect that due to my mere mention of it that this response will be modded down, but it is my opinion and observation that there is a bit of irony here and what appears to be a "pot calling the kettle black."
I think the larger picture is that we wish the world were less "petty" in its behavior and in the grand scheme of things we all forget that we all, as individuals will die eventually. ICANN, as a body should have been designed from the ground up as a non-petty organization.
In any case, we wish for the world to be less petty, but our world starts with ourselves. How petty are we? Ask yourself if you're doing things out of spite, or out of some personal need to be in control? Do you ally yourself with like-minds in order to strengthen your own position?
I think we all start with good intentions and generally forget what we started out to do.
What are they hiding? (Score:2)
Salon interview with Auerbach (Score:3, Interesting)
My favorite bit: (I already have 50 karma, so don't be afraid to mod me up for Informative.
Re:Gee... (Score:1, Offtopic)
(Or was it jamie slamming the overuse of slashdot by certain users? - Can't remember, and don't care to go searching FortKnox's comments [slashdot.org] right now to find out). Oh well, they were both part of what apparently, was the ill-fated censorware.org project, so I guess you could both say they played a role in the whole debacle.
No comparison (Score:2)
If you remember from Carl also is the disenter of eliminating public involvement [slashdot.org] in ICANN.
What are they hiding?