[At-Large] info on waiver to attend ICANN74I

Barrack Otieno otieno.barrack at gmail.com
Thu Apr 28 04:41:43 UTC 2022


Hi everyone,

I suppose a community call with the ICANN General Counsel would allay some
of this concerns. There is obviously a reason behind the waiver and the it
would be more ideal to get the logic or reasoning behind it so that we can
have a basis for reasonable counter arguments otherwise it appears as if
ICANN is being cajoled into hosting a physical meeting while it is
unprepared. I take this waiver to be like a travel advisory.

Regards

On Thu, Apr 28, 2022 at 5:10 AM Maureen Hilyard via At-Large <
at-large at atlarge-lists.icann.org> wrote:

> 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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-- 
Barrack O. Otieno
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Skype: barrack.otieno
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