[At-Large] ICANN75: Mandatory Funded Traveler Registration for Roberto Gaetano

Mon Jul 25 16:17:44 UTC 2022

Hello Marita,
Not unintended consequences.
The relationship between ICANN as a whole, the role of the pay staff, the role of the Board since 2011 compensated and the role of all the other participants supported for travel or not are under discussion since at least the selection of « first » At-Large Board member.
After the Board compensation other steeps were put on the table. But nothing happened.
The covid put it back with more forces in front of us.
MSM and Holistic review could be good places to involve the whole community into that debate.
All the best
SeB

Sébastien Bachollet
+33 6 07 66 89 33
sebicann at bachollet.fr <mailto:sebicann at bachollet.fr>
@SebBach

EURALO Chair

> Le 25 juil. 2022 à 18:03, Marita Moll via At-Large <at-large at atlarge-lists.icann.org <mailto:at-large at atlarge-lists.icann.org>> a écrit :
> 
> Yes, Roberto. We have been signing Google and other platform waivers for some time. When we do this, we agree to give up our right to our information in return for using their services. Always made me uncomfortable but I needed to use these services. When I sign the ICANN waiver, I am giving up my right to sue them in return for the permission to attend the meeting. Trouble is, I would be attending this meeting as part of their voluntary workforce. Something lopsided about that. Does ICANN need us there, or not? 
> 
> Sorry to be so provocative. The current version of the waiver is much improved. The whole issue has, however, opened a whole new box of questions about the relationship between ICANN and its volunteers. Unintended consequences?
> 
> Marita
> 
> On 2022-07-25 11:21 a.m., Roberto Gaetano via At-Large wrote:
>> Bill,
>> 
>> I fully understand that this is a legitimate lawyer’s attitude - but I still get an odd feeling reading it. For the record, I have signed the waiver without any problems, as I sign all the agreement notes that I get from Google and the like before doing just about anything on the internet.
>> 
>> 
>> Karl,
>> And where is the text of this waiver, a few simple web searches have not revealed it (yet)?
>> 
>> It appears during the process of registration for on-site participation to ICANN 75, I have attached a copy below.
>> 
>> Cheers,
>> Roberto
>> 
>> 
>> 
>>> On 22.07.2022, at 21:32, Bill Jouris via At-Large <at-large at atlarge-lists.icann.org <mailto:at-large at atlarge-lists.icann.org>> wrote:
>>> 
>>> Hi Roberto, 
>>> 
>>> I think it's more a matter of, not only if something happens to us we cannot sue ICANN.  But if whatever happens is fatal (so we are not around to sue), our estate/heis can't sue either. 
>>> 
>>> Lawyers get paid to think up worst case scenarios, and then write clauses to preempt them.  And in a country where there is a whole class of lawyers who will offer to bring a suit for you, with no charge unless they win (in which case, they get a cut of the take), there's a lot of essentially frivolous law suits filed by people for the same reason people buy lottery tickets: small cost to them and an outside chance of a big payday.  But ICANN still has to spend money defending those cases -- unless they can get the case dismissed out of hand via a clause like this. 
>>> 
>>> Cheers, 
>>> 
>>> Bill Jouris 
>>> 
>>> Sent from Yahoo Mail on Android <https://go.onelink.me/107872968?pid=InProduct&c=Global_Internal_YGrowth_AndroidEmailSig__AndroidUsers&af_wl=ym&af_sub1=Internal&af_sub2=Global_YGrowth&af_sub3=EmailSignature>
>>> On Fri, Jul 22, 2022 at 10:35 AM, Roberto Gaetano
>>> <roberto_gaetano at hotmail.com <mailto:roberto_gaetano at hotmail.com>> wrote:
>>> Hi Bill
>>> 
>>> Not radical, but with some imaginative clauses that sound weird to the ears of somebody that is not a lawyer and does not live in a country that is particularly inclined to solve matters in courts.
>>> 
>>> Here is an example that, if taken seriously, would oblige me to ask some questions:
>>> This Liability Waiver and Release is specifically binding upon my heirs and assigns and is knowingly given.
>>> 
>>> Do I need to ask my (hopefully future) heirs to also sign the waiver? And if they don’t want, or even produce an official document, signed in the hands of a notary or other official authority, that they specifically do not acknowledge the obligation of being obliged to comply with this clause - maybe saying that they formally recommended that I take this trip, what would happen? How can ICANN enforce this clause in my jurisdiction - actually, in the jurisdiction of my heirs - in front of a formal statement of them prior to the fact? And if I attach this document of my heirs to my application, what would ICANN do? Reject my registration because one of the clauses of the waiver is not enforceable?
>>> 
>>> This is one more reason for loving the ICANN community, never a dull moment and a lot of fun :-)
>>> 
>>> Cheers,
>>> Roberto
>>> 
>>> 
>>> 
>>>> On 22.07.2022, at 18:18, Bill Jouris via At-Large <at-large at atlarge-lists.icann.org <mailto:at-large at atlarge-lists.icann.org>> wrote:
>>>> 
>>>> As such things go, this isn't a particularly radical waiver.  A bit wordier than average, but nothing novel in substance.  
>>>> 
>>>> Bill Jouris 
>>>> 
>>>> Sent from Yahoo Mail on Android <https://go.onelink.me/107872968?pid=InProduct&c=Global_Internal_YGrowth_AndroidEmailSig__AndroidUsers&af_wl=ym&af_sub1=Internal&af_sub2=Global_YGrowth&af_sub3=EmailSignature>
>>>> On Fri, Jul 22, 2022 at 8:20 AM, Marita Moll via At-Large
>>>> <at-large at atlarge-lists.icann.org <mailto:at-large at atlarge-lists.icann.org>> wrote:
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