With apologies to former late show host David Letterman and thanks to all those who provided input, here are my top 10 reasons why this waiver is a bad idea for ICANN and for the community: 

10. It is insensitive to the global community as it can be interpreted as an exportation of U.S.-based litigious culture

9. It disregards the fact that participants at ICANN meetings have always willingly and knowingly accepted personal responsibility for health issues that arise during meetings

8. It is a disincentive to attending ICANN meetings in person, thereby damaging the ability of the community to work together

7. Concerns which have arisen throughout the community about the broad scope of the waiver are not being addressed – including legal opinions warning potential participants against signing.

6. No one is taking ownership of this waiver. The Board position on it is unclear

5. There has been no general explanation to the community or any attempt seek buy-in for this waiver

4. This kind of blanket waiver could be unenforceable and in that case, serves only as intimidation

3. The waiver infringes on individual rights

2. ICANN appears to be abandoning its duty of care to the participating community who are voluntarily contributing their time and energy to fulfilling ICANN's mandate to operate as a bottom-up multistakeholder organization

Top reason why this waiver is a really bad idea:

1. It leaves a lasting unpleasant taste in the mouths of participants contributing to ICANN's multistakeholder model -- which is presented as a source of pride and accomplishment to the internet governance community.

Marita (now signing off on this topic -- thanks for bearing with me)

Marita