ICANN Board Member Wins Access to Records

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," says Judge Dzintra Janavs of California Superior Court for Los Angeles County.

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 ICANN must send Auerbach non-confidential electronic documents by Friday and allow him to inspect paper records at 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 says 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 says.

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

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 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 ICANN was considering an appeal.

The decisions of 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 ICANN already has said it will not hold another round of elections.

Copyright © 2002 The Associated Press. All rights reserved. The information contained in the AP News report may not be published, broadcast, rewritten or redistributed without the prior written authority of The Associated Press.