[At-Large] info on waiver to attend ICANN74I

Thu Apr 28 02:10:27 UTC 2022

A waiver may be the norm in some jurisdictions and that is fine.  However,
this is a global community so that the wording of the waiver document
should be a little bit more thoughtful towards the sensibilities of those
who believe their rights are being infringed and to cover certain wording
that has already been identified as offensive.

The "duty of care" expressed in the document ignores the fact that, even if
a person may suffer illness or other harm due to something ICANN has done
or imposed, participants will have to take responsibility for themselves.
Personal insurance is their own responsibility.

There is no duty of care or consideration that these people are at the
meeting to specifically carry on with voluntary work that they normally
carry out in their own spare time and homes, and at their own expense,
regardless of what inconveniences it may cause them personally (considering
time zones of virtual meetings and at the same time many coping with
recovery from the pandemic).

The wording of the waiver implies that there is no care, because ultimately
they are not ICANN's responsibility, regardless of the work and effort
these individuals have contributed to ICANN over many long years for some
of them, as part of the bottom up multistakeholder model that ICANN takes
credit for.

This is a personal view.

On Thu, Apr 28, 2022 at 1:36 PM SCHWEIGHOFER Erich Prof. Dr. Dr.. via
At-Large <at-large at atlarge-lists.icann.org> wrote:

> 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
> Institut für Europarecht, Internationales Recht und Rechtsvergleichung
> (auch Abteilung für Völkerrecht), Schottenbastei 10-16/2/5, Zi. 546, 1010
> Wien AT, Tel. +43 1 4277 35305 (Anrufbeantworter)
> https://rechtsinformatik.univie.ac.at, https://rechtsinformatik.ACADEMY,
> https://iris-conferences.eu, https://wzri.eu
> office at rechtsinformatik.ACADEMY; office at iris-conferences.eu;
> rechtsinformatik at univie.ac.at; Erich.Schweighofer at univie.ac.at
>
> Bitte um Teilnahme und Beiträge:
> IRI§22 https://iris-conferences.eu, Frühlingssemester: Event Rechtslogik
> in der Praxis Do 31.03.22, 16-19 Uhr (gemeinsam mit ReMeP)
> Jusletter IT http://jusletter-it.eu      Schriftenreihe Arbeitsgruppe
> Rechtsinformatik, rechtsinformatik.ACADEMY & IRIS-Journal:
> https://irisj.eu    PHAIDRA
> ________________________________________
> 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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