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Comment on PAB

  • To: <comments-pab-new-gtld-strings-21mar14@xxxxxxxxx>
  • Subject: Comment on PAB
  • From: "Gabriel Levitt" <gabriel.levitt@xxxxxxxxxxxxxxxxxxx>
  • Date: Wed, 16 Apr 2014 15:15:18 -0400

Comment can be published as text below and attached, please. For questions
call 718-387-4526. 

 

April 16th, 2014

 

Re:         Support for the Proposal for the Use of Mandatory Policy
Advisory Boards for Regulated Industry Sector and Consumer-Trust-Sensitive
New gTLD Strings: The Case of the NABP and .Pharmacy

 

Dear ICANN:

 

For over ten years, our company, PharmacyChecker.com, has published
verification and drug price comparison information to educate consumers
about safe options for obtaining prescription medication online. Access to
our website's (www.pharmacychecker.com) data is free.

 

We are writing to express support for the "Proposal for the Use of Mandatory
Policy Advisory Boards for Regulated Industry Sector and
Consumer-Trust-Sensitive New gTLD Strings" (the "PAB Proposal") published
for public comment on March 21, 2014:
http://www.icann.org/en/news/public-comment/pab-new-gtld-strings-21mar14-en.
htm. 

On March 5th, 2013, we published a comment to ICANN opposing the application
of the National Association of Boards of Pharmacy (NABP) for the registry
".Pharmacy" due to NABP's use of and reliance on corporate funding from
pharmaceutical companies  as well is its history of anticompetitive and
protectionist policies against online pharmacy innovation, which is
detrimental to consumers who can't afford prescribed medication [See
https://gtldcomment.icann.org/comments-feedback/applicationcomment/commentde
tails/12117]. Many others opposed NABP's application on similar grounds [See
http://pharmacycheckerblog.com/opposition-grows-to-pharma-funded-application
-by-nabp-for-pharmacy-to-icann]. 

 

ICANN must not ignore the serious dangers associated with a regulated
industry sector gTLD run by an association (even a regulatory one) funded by
corporations and governed by executives of companies with a direct financial
interest in the policies of that registry. 

 

The Policy Advisory Board (PAB) model applied to the ".Pharmacy" registry
would bring balance to the policies adopted as requirements for its future
use by qualified registrants - and to allow for their evolution as this
space evolves. Clearly, the PAB would do the same for other registries
associated with regulated industries and therefore we strongly support the
PAB model as articulated in the PAB Proposal. 

 

A PAB will permit a broader range of relevant parties to participate in the
setting and enforcement of registry eligibility policies. In addition to
regulators and self-regulatory groups, registries will also be informed by
the views of independent experts, academics, consumer advocates, and other
qualified parties. It can also encompass the views of regulated sector
participants to assure that when a registry is operated by a leading member
of an industry or profession it does not adopt policies that are
anti-competitive. In the context of ".Pharmacy", such experts could include
representatives from the World Health Organization, Doctors Without Borders,
Oxfam, Knowledge Ecology International and Public Citizen. Other
participants would include longstanding companies and experts dedicated to
the space of online pharmacy. The bottom line is that consumers and
reputable industry participants need to be represented. 

 

As part of a PAB for .Pharmacy and other registries that relate to essential
human needs (i.e. medicine), a representative from the human rights
community would be critical. The Government Advisory Committee has clearly
affirmed that human rights laws and norms should be considered as safeguards
on new gTLDs. Please take note of Annex I of the Beijing communique: GAC
advises ICANN that safeguards should "be implemented in a manner that is
fully respectful of human rights and fundamental freedoms as enshrined in
international and, as appropriate, regional declarations, conventions,
treaties, and other legal instruments - including, but not limited to, the
UN Universal Declaration of Human Rights."  

 

In the case of the gTLD .Pharmacy, NABP's governance and rules will affect
access to medicines. There are global norms that must be applied to global
gTLDs that affect access to medicine. Please recognize the World Health
Organization's position on this matter: "Access to essential medicines as
part of the right to the highest attainable standard of health ("the right
to health") is well-founded in international law" [See
http://www.who.int/medicines/areas/human_rights/en/]. As a corollary, the UN
Human Rights Council recently adopted a resolution calling for human rights
to be protected on the Internet: Resolution L13 : "The Promotion, Protection
and Enjoyment of Human Rights on the Internet - adopted by consensus on by
the Human Rights Council on Thursday, July 6, 2012." [See
https://geneva.usmission.gov/2012/07/05/internet-resolution/]. 

For the reasons stated above, an expert from the human rights community must
have some input into the .Pharmacy application's governance. The PAB would
afford this opportunity. 

 

The PAB was designed by many within the ICANN community to address
deficiencies in the gTLD application process as it applies to regulated
industries.  A gTLD sponsored by pharmaceutical companies and governed by
U.S. pharmacy regulators is clearly open to abuse and, thus, consumers -
Internet Users - need representation in line with ICANN's bottom-up,
multistakeholder consensus policymaking process.

 

Thank you for considering our views in this important matter of consumer
protection and access to safe and affordable medication. 

 

Sincerely,

 

Gabriel Levitt

Vice President

PharmacyChecker.com, LLC

 

 

Gabriel Levitt

Vice President

PharmacyChecker.com

(718) 387-4526 Direct Line

(718) 715-1033 Fax

www.pharmacychecker.com 

 

 

Attachment: PAB_ICANN_Public Comment_letter_pharmacychecker_levitt.pdf
Description: Adobe PDF document



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