[At-Large] info on waiver to attend ICANN74I

SCHWEIGHOFER Erich Prof. Dr. Dr.. erich.schweighofer at univie.ac.at
Thu Apr 28 01:23:46 UTC 2022


May I ask under which legal order ICANNN74 is organised? A waiver makes sense ... nobody knows the risks ... but a duty of care of ICANN is a must.

ERich

SCHWEIGHOFER Erich                       ao. Univ.-Prof. (UniWien, Rechtsinformatik, Europarecht, Internationales Multistakeholderrecht) Mag. rer.soc.oec.  Dr. iur.  Dr. rer.soc.oec. Lg.IntStud
(freigestellt für die Europäische Kommission, Rue de la Loi 130, 1040 Brussel BE, erich.schweighofer at ec.europa.eu, Tel.  +32 2 29 52283)
Rechtsinformatik an der Uni-Wien        Sprecher des Vorstands der ARI Arbeitsgruppe Rechtsinformatik, Juridicum, Universität Wien  Vorsitz: iris-conferences.eu   Präsident:      WZRI    LII-Austria     CEILI    RI@    ADRI
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________________________________________
Von: At-Large [at-large-bounces at atlarge-lists.icann.org] im Auftrag von Holly Raiche via At-Large [at-large at atlarge-lists.icann.org]
Gesendet: Donnerstag, 28. April 2022 02:44
An: Glenn McKnight
Cc: At Large
Betreff: Re: [At-Large] info on waiver to attend ICANN74I

Hi Glan

You and Roberto are quite correct.  No self respecting Court would let ICANN get away with negligence.  It’s getting the matter to a Court that worries me.  If ICANN simply chooses to deny liability, it would be an expensive and time consuming proposition to get them into a court - or even mediation.

Maybe - at the least - express concern to ICANN???

Holly


On Apr 28, 2022, at 6:53 AM, Glenn McKnight via At-Large <at-large at atlarge-lists.icann.org<mailto:at-large at atlarge-lists.icann.org>> wrote:

Hi
As pointed out  that  ICANN has always been super cautious and legalistic( sometimes to a fault) curious if other events IETF, ARIN etc has adopted such 'protect my ass" approach to an event.  On the other hand, waivers doesn't  protect those that perpetuate negligence,  you can't do blanket waivers as Roberto indicated.

Glenn McKnight, MA
Virtual School of Internet Governance
Chief Information Officer
www.virtualsig.org<http://www.virtualsig.org/>
YOUR SOURCE FOR INTERNET GOVERNANCE EDUCATION
Mobile  437-237-4655




On Wed, 27 Apr 2022 at 16:38, Salanieta T. Tamanikaiwaimaro via At-Large <at-large at atlarge-lists.icann.org<mailto:at-large at atlarge-lists.icann.org>> wrote:
The important thing to note is that the US is a litigious nation and it is within ICANN's purview to create waiver forms for its events otherwise it would not be able to host a physical event. For those who don't like it, they can participate virtually or wear immunity suits.....lol

On Wed, Apr 27, 2022 at 9:33 PM Roberto Gaetano via At-Large <at-large at atlarge-lists.icann.org<mailto:at-large at atlarge-lists.icann.org>> wrote:
Thanks Marita.
One sentence - among others - is particularly puzzling to me:

I knowingly and freely assume all risks related to illness and infectious diseases, including but not limited to COVID-19, even if arising from the negligence or fault of ICANN

This means to me that I acknowledge that ICANN has the right to be negligent. I have to confess that sometimes in the past I have thought that this was ICANN’s approach, but it is the first time that I see it in writing.

I wonder whether this is a sort of friendly advice to participate online and avoid showing up in person in the Hague.

Cheers,
Roberto


On 27.04.2022, at 22:09, Marita Moll via At-Large <at-large at atlarge-lists.icann.org<mailto:at-large at atlarge-lists.icann.org>> wrote:


Dear colleagues. If you are planning to attend ICANN74, please note that you will be required to sign a very broadly worded waiver that goes well beyond any issues related to the pandemic. You can read the waiver here: https://www.internetnews.me/wp-content/uploads/2022/04/ICANN-waiver.pdf

Several registrars have asked that this requirement be dropped https://domainincite.com/27793-icanns-covid-19-waiver-formally-appealed.

Michele Neylon, Managing Director of Blacknight Solutions, seeking legal advice on behalf of himself and staff, was advised that neither he nor his staff should sign a waiver granting ICANN blanket exclusion of liability. https://blacknight.blog/wp-content/uploads/2022/04/blacknight-ICANN-April-2022-Hague-waiver.pdf .

It is an unsettling way to begin what was looking like a new beginning after so many hours at virtual public meetings.  I have attended more public meetings in my life than I could ever count, and have never been asked to sign such an extensive waiver.  I would be interested to know if others have ever encountered this.

Marita Moll, ALAC rep. for NARALO




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