FW: [ga] Liability protection for ICANN Volunteers

["Joanna Lane" <jo-uk@xxxxxxx>]

FYI

> -----Original Message-----
> From: Joanna Lane [mailto:jo-uk@rcn.com]
> Sent: Tuesday, May 13, 2003 5:58 PM
> To: Touton@Icann. Org
> Cc: Ga@Dnso. Org; Karl Auerbach
> Subject: RE: [ga] Liability protection for ICANN Volunteers
>
>
> Karl Auerbach wrote: Monday, May 12, 2003 10:15 PM
> > The above is *not* legal advice, these are matters that you
> > should discuss
> > with your own attorney.
> >
> > 		--karl--
>
> Where may an ICANN volunteer point their attorney to review the
> terms and conditions of ICANN's current Liability Insurance
> cover? There is nothing in the Financial Documents section of the
> ICANN website where one would expect.
>
> While the Non-Com FAQ does say that ICANN carries liability
> insurance for volunteers, and Resolution 98.9 suggests a premium
> of $60,000 or more would be available annually, the language in
> Article XIX does not indicate a commitment to obtain or maintain
> that insurance by ICANN, neither does anything I can find provide
> specific details of coverage that is envisaged for, say, members
> of the GNSO GA or ALAC.
>
> How far down the food chain coverage is to be extended is fuzzy
> and needs to be clarified, but I count some 750 individuals would
> be affected, including Board Directors, members of the ALAC and the GNSO.
>
> I imagine that those who are paid to participate in ICANN are
> indemnified by their employers, but others who participate in a
> personal capacity, as users, would have to meet any liability
> exposure personally. If cover is not obtained by ICANN, or not
> sufficiently comprehensive, or includes a deductible amounting to
> thousands of dollars per claim, then individuals who do not enjoy
> corporate protection cannot reasonably be expected to
> participate. This adversely affects users and undermines the
> fundamental principals of individual participation in the At Large.
>
> Volunteers from all sectors must know about the risks against
> which they are to be indemnified by ICANN *in advance* of joining
> a Supporting Organization or Advisory Committee, and more
> important, they must be advised clearly about risks that will be
> excluded for whatever reason, for which they must carry the risk
> personally.
>
> The overriding consideration in this matter is the high cost of
> attorney fees to mount a defense. In New York State at least, the
> cost of attorney fees are not awarded to the winner, so even in a
> frivolous lawsuit, win or lose, the defendant has lost. Is it the
> same in California where one assumes all cases would be heard?
>
> Although we all think we are reasonable people, there really is
> no way of knowing whether or not volunteers will find themselves
> named individually as well as collectively in a multi-million
> dollar lawsuit at some point in the future. If, say, the
> petitioner were a large US corporation with an army of attorneys
> on retainer, which is the likely character of any potential
> adversary, then defense costs alone could prove ruinous for those
> with a corporate paymaster to cover the cost, regardless of the
> outcome of the case.
>
> This is not a trivial matter that can be taken on trust, so I
> repeat, where are the current insurance documents posted for
> review by prospective At large volunteers and their legal advisors?
>
> Thanks,
> Joanna