1.   Who We Are and What We Do, Page 5

The RSSAC appoints a non-voting [SW7] [liaison] to the ICANN Board of Directors for a one-year term. The liaison attends Board meetings, participates fully in Board deliberations, and is bound by the same eligibility and confidentiality [SW8] [and fiduciary] responsibilities as voting Board members.

[SW7] It should say, here or elsewhere, that the liaison participates in meetings on the same footing as inbound liaisons currently do, i.e. as a non-voting member allowed to speak but not vote.

[SW8] No. ICANN legal have been adamant that non-voting members are not fiduciaries, although they owe a duty of care and other related duties under US and California law. The exact status has never been tested in a court of appropriate jurisdiction.

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