AL-ALAC-ST-0422-01-00 EN - CLOSED

The ALAC appreciates the revision to the FAQs and the new ICANN74 Funded Traveler Summary. Both provide significant clarity of the ICANN Org operational intent with regard to ICANN74, COVID-19 and funded travelers.

Question #1: The answer is "no". The additions to the FAQs do not modify the comments contained in the ALAC Advice on the ICANN74 Travel Acknowledgement. The ALAC Advice was concerned with the waiver itself -- which is a stand alone legal document. Objections to the waiver centered around the fact that it went well beyond health and safety conditions related to Covid-19 and participants were asked to waive any and all rights to seek redress from ICANN, regardless of the situation under consideration. The FAQs address health and safety measures put in place to manage potential Covid-19 situations. However, they do not change the waiver itself. If the waiver had not made absolute statements and had referenced the other documents, the situation might have been different. Nowhere in the ALAC Advice is it suggested that ICANN's health and safety measures concerning Covid-19 would not be adequate, although recent verbal statements about the intended absolute lack of enforcement might be considered troubling. The ALAC would have preferred that ICANN Org provide the full details of the measures it is taking for our health and safety in the FAQs prior to issuing the waiver. But the waiver, in any event, is a stand alone legal document and the FAQs are not legal amendments to that document.

Question #2: Additional information provided in the new ICANN74 Funded Travelers guidelines in no way changes the comments contained in the ALAC Advice. It does not change the basic problem that the waiver is all encompassing and leaves participants legally naked in the case of harm or injury, no matter the issues involved. It may be that such documents might be considered as authoritative in a court, but we note that such a statement was not made by ICANN Legal Counsel and regardless, few At-Large participants have the desire or resources to test this theory in court. The ICANN Multistaker Model is quite fragile and depends upon the trust between all parties. This heavy-handed action by ICANN Org increases distrust and will discourage volunteer participation. The ALAC fully understands the ICANN Org need to protect itself from frivolous or unreasonable legal actions. However, the ALAC strongly believes that there must be a more balanced way to do this than the present waiver. The ALAC welcomes the opportunity to further discuss its concerns as the waiver and FAQs/Summary continue to evolve.

ICANN org is committed to providing as safe a space as possible for in-person attendees. In response to Community questions, an update on the FAQs (as of 10 May 2022 - https://74.schedule.icann.org/health-safety) has recently been published to provide a better explanation of measures being taken to protect the health and safety of all who attend ICANN74.

1. Do the recently updated FAQs change or modify any of the comments contained in your recent Advice on the ICANN74 Travel Acknowledgement?
2. As demonstration of ICANN’s intent to continue its practice of support to meeting attendees, ICANN has also recently published information for ICANN74 Funded Travelers on the specific support they can expect from ICANN. Does this additional information change your understanding of the intent of the ICANN74 Travel Acknowledgement?