Icann forced to open up books

A US court has ruled that Icann board director Karl Auerbach should be allowed to inspect the internet-overseeing body's internal documents.

Auerbach has been trying unsuccessfully to gain access to Icann's financial records since he joined the board in November 2000, even though he is a board director and legally allowed to see all company records.

He has long been a critic of the organisation, despite his membership of the board. He has previously claimed that Icann has been too secretive and that it caters more to commercial interests rather than the public good.

Earlier this year, in a move designed to open up Icann's movements, Auerbach sued the organisation for withholding financial information.

A Los Angeles court yesterday ruled that Auerbach should be allowed to inspect specified Icann documents, but also ruled that he must respect the organisation's confidentiality designations, with the court to resolve any disagreements over the "propriety of those designations".

In a statement Icann said: "While Icann believes that portions of the Court's legal analysis are incorrect, it notes that the practical effect of the overall ruling is quite similar to the Icann procedure that Mr Auerbach rejected last October.

"That rejection was followed, in March, by Auerbach's filing of a lawsuit in the Los Angeles Superior Court challenging Icann's procedure," it continued.

In her analysis, Superior Court Judge Janavs ruled that California law did not permit California non-profit corporations to place any restrictions or conditions on directors' inspection rights, but allowed only courts to place restrictions after a demand for inspection had been refused.

"Icann respectfully disagrees and will consider whether to appeal this decision upon review of the court's written judgment, which will be issued next week," the group said, adding: "It is unfortunate that Icann's limited resources must be used for matters such as this, which do not advance the core mission of Icann."