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ICANN Member Wins Access to Records

A superior court judge has ordered the Internet Corporation for Assigned Names and Numbers to divulge records to a board member.

NEW YORK (AP) -- A board member for the Internet's key oversight body won the right Monday to inspect records without first agreeing to nondisclosure and other restrictions sought by its management.

But Karl Auerbach, a frequent critic of his own organization, must give the Internet Corporation for Assigned Names and Numbers at least 10 days notice before releasing any items marked "confidential," said Judge Dzintra Janavs of California Superior Court for Los Angeles County.

The ICANN could then seek a court order to stop Auerbach from releasing the information. Auerbach is among critics who contend that ICANN, which oversees Internet domain and addressing policies, is too secretive and caters more to commercial interests than the public good.

Ruling from the bench, Janavs also said the ICANN must send Auerbach non-confidential electronic documents by Friday and allow him to inspect paper records at the ICANN's Marina del Rey, Calif., office by next week.
The court did not grant Auerbach a right to copy documents, something he had sought.

Still, Auerbach said he was pleased with the ruling.

"Now I'm actually going to look at materials I should have been able to see 18 months ago," he said.

The ICANN's bylaws give directors "the right at any reasonable time to inspect and copy all books, records and documents of every kind." It also requires that the ICANN establish reasonable procedures to protect confidentiality.

The ICANN tried to require Auerbach to first sign a nondisclosure agreement.

Mary Hewitt, an ICANN spokeswoman, said the judge's order reflected much of what the ICANN was prepared to permit if he had signed the agreement, noting that any disputes over disclosure would have ended in court anyhow.

Nevertheless, she said the ICANN was considering an appeal.

The decisions of the ICANN, which was selected in 1998 by the U.S. government, ultimately affect how users find Web sites and send e-mail.

Auerbach is one of five elected members on the 19-member ICANN board. His term expires in November, and the ICANN already has said it will not hold another round of elections.

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