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[ga] Stuart Lynn's reply to Karl


Since I reposted Karl's letter here, I should also post Stuart Lynn's reply:
*********

Date: Wed, 5 Dec 2001 14:01:31 -0800
To: David Farber <dave@farber.net>, "Declan McUllough" <declan@well.com>
From: "M. Stuart Lynn" <lynn@icann.org>
Subject: Response to Karl Auerbach's note

The postings from Karl Auerbach to your lists regarding access to records 
were forwarded to me. I thought each of you might be interested in my 
response below. Feel free to post or not, of course, as you see fit.

Many thanks
Stuart

_______

Karl is free to examine ICANN records any time he is ready to comply with 
established procedures that apply to him and any other Director -- in 
complete accordance with California law. Karl is not being singled out. 
Among other reasonable provisions, these procedures are designed to protect 
confidential records, such as personnel files. Karl wishes to set himself 
above the direct or delegated authority of the  ICANN Board of Directors, 
in declaring himself as the sole determinant of what is confidential and 
what is not. That is not his prerogative according to California law or 
ICANN bylaws.

The procedures to which he objects were endorsed by the Audit Committee of 
the ICANN Board, to whom the Board has delegated responsibility for this 
general area. He is always welcome to take his objections to the full Board 
should he wish. So far, he has not chosen to do so.
-- 

__________________
Stuart Lynn
President and CEO
ICANN
4676 Admiralty Way, Suite 330
Marina del Rey, CA 90292
Tel: 310-823-9358
Fax: 310-823-8649
Email: lynn@icann.org



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