Re: [council] The Way Forward - Protection

[Nigel Roberts <nigel@nic.gg>]

> A number of you are concerned about being sued by someone as a result of
> the elections process.  I am assured by Andrew McLaughlin that we are an
> advisory body to ICANN, and that if anyone is sued it will be ICANN.

Well, I have to say I hadn't been concerned about this until this was
mentioned in this email. But now I am concerned.

This statement by ICANN appears to  contradict our previous understanding
that we were a /part/ of ICANN.

If we are a part of ICANN, then ICANN will have what is known as an
'insurable interest' and are able to insure us under a  Directors and
Officers Liability Insurance Policy. If we are not a part of ICANN then there
is no insurable interest..

Furthermore by this logic would not this make the constituencies who elected
us also not a part of ICANN??

But as IANAL I have to say I now feel the urgent need to take professional
advice on this

And I also hereby request that a copy of the relevant insurance documents to
be faxed to me on +44-701 070 0329

>
> I also understand that we have cover under ICANN's general insurance that
> protects us in carrying out our ICANN duties.
>
> Thanks
> Dennis