[council] Community member liability for participation in PDPs

Ayden Férdeline icann at ferdeline.com
Sat Apr 28 14:39:53 UTC 2018

Dear all,

As we enter into discussions around next steps re: RDS/GDPR and entertain the possibility of an Expedited PDP, I wanted to re-raise a question that Stephanie Perrin asked in Abu Dhabi, and to ask whether or not a response to it was received. And if the answer is we did not receive a response, I think it is important we obtain one urgently. If, in order to receive a response, we must put this question on Council letterhead and submit it as a formal piece of correspondence, I would like to suggest that we do so.

In Abu Dhabi, Stephanie asked the CEO whether community members who participate in Policy Development Processes could be held liable in the event of civil litigation following on from the policies which we develop. She noted that board members, as directors, and employees, as agents of ICANN, have immunity, but wanted to know if ICANN was absorbing this liability too for the community members who participate in the activities of the multistakeholder community. She said we need protection too.

I would like to be able to pull out a transcript and to quote Stephanie directly, however I have reviewed many of them today and cannot find her question in there. However, I do distinctly remember it being asked and a follow-up question coming from another member of the Council. Maybe I missed it in the transcripts; if so, I would appreciate if someone could please link to this transcript and provide the page number. Thanks!

Best wishes,

Ayden Férdeline
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