----- Forwarded message from Chris Chiu <CCHIUat_private> ----- From: Chris Chiu <CCHIUat_private> Subject: FW: letter on ICANN leafleting restrictions To: "Declan McCullagh (E-mail)" <declanat_private> Date: Fri, 9 Nov 2001 15:13:49 -0500 November 9, 2001 Dr. Vinton Cerf Chairman Internet Corporation for Assigned Names and Numbers 4676 Admiralty Way, Suite 330 Marina del Rey CA 90292-6601 Dear Dr. Cerf: It has come to our attention that the Internet Corporation for Assigned Names and Numbers (ICANN) plans to restrict leafleting at its meetings in Marina Del Rey on November 12-15, 2001. Specifically, ICANN will not permit anyone to distribute leaflets or other such materials at the conference unless they pay at least $5000. This plan is explained on ICANN's website: "A table will be provided for distribution of literature for sponsors only. Additional recognition of sponsorship is listed below in the description of each level. An organization that is not a sponsor will not be permitted to distribute materials in the meeting area." The lowest level of sponsorship requires a minimum payment of $5000. We are deeply troubled by this development, and we urge you to revoke the ban. This decision runs counter to Article III of ICANN's own Bylaws, which requires the organization to be open and transparent to the general public: "The Corporation and its subordinate entities shall operate to the maximum extent feasible in an open and transparent manner and consistent with procedures designed to ensure fairness." The restriction on leafleting will diminish the public confidence in the quality of the ICANN's decision-making that Article III was intended to foster, as well as substantially prejudice the rights of many persons with interests in ICANN's proceedings. ICANN can and should hear from all points of view and encourage public debate regarding its activities. As many observers have pointed out, "ICANN must rededicate itself to its original conception as a decentralized, bottom-up organization." Your organization has already been criticized as suffering from a "democracy deficit." This ban on leafleting will only further fuel these fears. Moreover, your decision raises significant free speech issues. It has long been recognized that the right to distribute flyers and literature is a protected form of expression. In some instances, leafleting even when other forms of speech have been prohibited. When an organization such as ICANN intentionally open a space for public discourse, it should refrain from imposing burdens on such discussions. By prohibiting leaflets (except from those who can afford to pay at least $5000), ICANN violates these basic freedom of expression precepts. Based on the foregoing, we urge you to rescind this ban. Sincerely, Barry Steinhardt Associate Director American Civil Liberties Union-National Office Peter Eliasberg Managing Attorney American Civil Liberties Union of Southern California ----- End forwarded message ----- ------------------------------------------------------------------------- POLITECH -- Declan McCullagh's politics and technology mailing list You may redistribute this message freely if you include this notice. Declan McCullagh's photographs are at http://www.mccullagh.org/ To subscribe to Politech: http://www.politechbot.com/info/subscribe.html This message is archived at http://www.politechbot.com/ -------------------------------------------------------------------------
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