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

Marita Moll mmoll at ca.inter.net
Mon Jul 25 16:03:59 UTC 2022 

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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