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ICANN backtracks on legal waiver for ICANN 75

Kevin Murphy, July 13, 2022, 18:32:39 (UTC), Domain Policy

ICANN has softened the language in the legal waiver it requires all of its public meeting attendees to agree to.

The waiver for ICANN 75, due to take place in Kuala Lumpur in September, no longer requires you to absolve ICANN from blame if you get sick due to the Org’s own gross negligence.

For last month’s ICANN 74 in The Hague, the waiver stated:

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.

The Kuala Lumpur waiver states:

I knowingly and freely assume all risks related to illness and infectious diseases, including but not limited to COVID-19.

So if an infected ICANN staffer spits in the coffee, this time you could probably sue.

The 74 waiver caused a fair few complaints when it first emerged. It was accused of being “excessive” by the CEOs of Blacknight and the Namibian ccTLD registry in a Request for Reconsideration that was eventually dismissed by the ICANN board of directors.

It also caused the At-Large Advisory Committee to issue a withering takedown accusing ICANN of insensitivity and intimidation, which ICANN’s chair brushed off (pdf) a couple weeks ago.

There are other language changes in the new waiver, but none seem to be as significant as ICANN making itself legally bullet-proof.

Kuala Lumpur will have substantially the same Covid-19 precautions as The Hague, which includes mandatory mask-wearing indoors, testing, and social distancing, ICANN has confirmed.


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