RIYADH: A US appeals court has blocked the new head of an American government media organization from appointing his own directors and officers to the board of a non-profit technology fund.
In a unanimous ruling, the D.C. Circuit Court of Appeals on Tuesday put the brakes on attempts by Michael Pack, the CEO of the US Agency for Global Media (USAGM), to replace the board of the government-backed Open Technology Fund (OTF) with his own appointees.
Although the decision is temporary pending further consideration of the case, it will for now prevent the newly appointed Pack from reconfiguring the leadership of the OTF, which works to advance technology to promote internet freedom throughout the world.
Pack, who took over as CEO of the USAGM in June, caused a major shakedown on his first day in the job by firing the heads of four organizations — Middle East Broadcasting, Radio Free Asia, Radio Free Europe/Radio Liberty, and the OTF.
According to the court’s order, the officers and directors of the OTF who were in those roles as of June 17, the date on which Pack first started to dismantle the organization, “shall continue in their normal course throughout the pendency of this appeal.”
OTF president and acting CEO, Laura Cunningham, immediately resumed her role. She was made acting CEO by the board in June following the resignation of the OTF’s inaugural chief executive, Libby Liu.
In a statement, Cunningham said: “The OTF’s mission to advance internet freedom is essential to protecting human rights and promoting democratic values abroad. Our success is predicated on the expertise of our staff, the support of our community, and the trust of our users.
“Today’s decision has provided much-needed clarity and stability for the OTF and the billions of users around the world who rely on our tools. While the fight is not yet over, this decision empowers the OTF to continue its critical work to provide those living under authoritarian regimes with the technologies and support they need to safely access the internet free from repressive censorship and surveillance,” she added.
The court said: “Absent an injunction during the appellate process, the OTF faces an increasing risk that its decision-making will be taken over by the government, that it will suffer reputational harm, and that it will lose the ability to effectively operate in light of the two dueling boards that presently exist.”
Despite the ruling being temporary, it does seem to have reinstated the OTF’s previous board while a lawsuit over the matter proceeds in court. Under the expedited briefing schedule for the case, briefing will conclude in late August with a final decision on the merits expected by early September.
