[At-Large] ICANN75: Selecting Malaysia and inclusiveness

SCHWEIGHOFER Erich Prof. Dr. Dr.. erich.schweighofer at univie.ac.at
Sun Jul 31 14:34:00 UTC 2022


Inclusion has two faces - accept local jurisdiction (even if it does not fully comply with human rights) and allow all to participate. 
Thus, this very complex procedure for Israeli citizens should have been strongly improved before giving the mandate to Kuala Lumpur. 
Both sites have to show some flexibility, otherwise one world, one internet does not survive. 
Erich

SCHWEIGHOFER Erich                    Prof. (Uni Wien, Legal Informatics, European Law, Multistakeholder Law) MBA  Dr. (law) Dr. (informatics) "pre-MAIS" (International Studies)
(on leave for the European Commission, Rue de la Loi 130, 1040 Brussel BE, erich.schweighofer at ec.europa.eu, Tel.  +32 2 29 52283)
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________________________________________
Von: At-Large [at-large-bounces at atlarge-lists.icann.org] im Auftrag von Glenn McKnight via At-Large [at-large at atlarge-lists.icann.org]
Gesendet: Sonntag, 31. Juli 2022 16:12
An: Hank Nussbacher
Cc: At Large
Betreff: Re: [At-Large] ICANN75: Selecting Malaysia and inclusiveness

Interesting point made by Hank on the fact ICANN selected Malaysia.  The selection process for ICANN meetings clearly needs to be assessed.  This is also a country with anti-homosexual policies   See  https://en.wikipedia.org/wiki/LGBT_rights_in_Malaysia

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 Sun, 31 Jul 2022 at 03:03, Hank Nussbacher via At-Large <at-large at atlarge-lists.icann.org<mailto:at-large at atlarge-lists.icann.org>> wrote:
On 22/07/2022 20:35, Roberto Gaetano via At-Large wrote:

I think you should all be grateful that you can attend ICANN 75.  To
quote from:
https://www.icann.org/diversity-en
"To live up to this responsibility, ICANN is committed to promoting
greater diversity and supporting broad, inclusive participation in its
processes."

The upcoming ICANN 75 meeting takes place in Kuala Lumpur .  Quoting
from the Wikipedia page:
https://en.wikipedia.org/wiki/Israel%E2%80%93Malaysia_relations
"Malaysian passports bear the inscription: "This passport is valid for
all countries except Israel". Israeli passport holders are forbidden to
enter Malaysia without written permission from the Malaysian Ministry of
Home Affairs."

One can of course claim that travel restrictions have been eased
recently as per:
https://visalist.io/malaysia/visa-requirements/israel
which requires 9 documents and an appearance at the Malaysian embassy -
closest of which is in Jordan.

How does ICANN live up to its commitment to "inclusiveness" if it
selects a country that forbids the participation of Israel (or makes it
close to impossible to get a visa)?

Regards,
Hank Nussbacher

Caveat: The views expressed above are solely my own and do not express
the views or opinions of my employer

> 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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