Support for Mandatory PABs for Regulated Industry Sector & Consumer-Trust-Sensitive New gTLD Strings

[lee@xxxxxxxxxxxx]

Dear ICANN:

I am writing to comment on the “Proposal for the Use of Mandatory Policy
Advisory Boards for Regulated Industry Sector and Consumer-Trust-Sensitive
New gTLD Strings” published for public comment on March 21, 2014:
http://www.icann.org/en/news/public-comment/pab-new-gtld-strings-21mar14-en.htm.

I write as lead organizer for RxRights, a group of 75,000 U.S. consumers
concerned with protecting access to safe and affordable medicine. We
strongly support the adoption of the mandatory Policy Advisory Board (PAB)
model as articulated in the proposal. We are gravely concerned about
current deficiencies in the consumer protections required for new generic
top level domains (gTLDs), particularly for those specific to regulated
industry and other consumer-trust-sensitive areas. Adoption of the PAB
model will help ensure that consumers are not the victims of fraud and
abuse perpetrated by domain registrants who would co-opt the use of a gTLD
for their own gains.

On March 26, 2013, I made a public comment to ICANN regarding RxRights’
opposition to the National Association of Boards of Pharmacy application
for .pharmacy
(https://gtldcomment.icann.org/applicationcomment/commentdetails/12152).
It is our firm belief that consumers will benefit most from the trusted,
open, and competitive environment that the PAB model provides. Regulated
industry registrants should be restricted from using new gTLD strings to
protect their financial interests or settle cross- border legal issues. In
the case of .pharmacy, lack of such protections is detrimental to public
health since affordable medicine is increasingly out of reach for
consumers.

In addition to addressing consumer protections, the PAB model will also
permit a broader range of relevant parties to participate in the setting
and enforcement of registry eligibility policies. An approach that builds
policy upon the consensus of multiple stakeholders is crucial. Policy
should be informed by the views of independent experts, academics,
consumer advocates, and other qualified parties. When a leading member of
an industry or profession operates a registry, stringent guidelines should
be in place to prevent the adoption of anti-competitive policies.

RxRights strongly urges ICANN to adopt the PAB model as the best available
means to minimize consumer harms and ensure strong competition at new
gTLDs associated with regulated industries and professions.

Thank you for considering our views in this important consumer protection
matter.

Sincerely,

Lee J. Graczyk
Lead Organizer, RxRights