2014 05 14 new gtlds and public order

NEW GTLDS AND PUBLIC ORDER

Dr. Emmanuel GILLET The Polytechnic University of Hong Kong

Faculty of Business

DOMAIN NAMES AND DNS Comparative, Institutional Perspectives and Recent Developments in the

DNS Governance

14 May 2014, Wednesday, 9:00am – 12:00nn Hong Kong International Arbitration Center

A CUHK/CFRED Seminar co-organized with ADNDRC

v NEW GTLDS AND PUBLIC POLICY 1.  New gTLDs

2.  Objection and Dispute Resolution

3.  Public Policy Matters

CC BY-NC-ND 4.0 | 2014 Emmanuel GILLET

1.  New gTLDs

v NEW GTLDS AND PUBLIC POLICY

.天主教 .AMAZON .欧莱雅 .ACADEMY .ARAB .ARMY .ART .BABY .BIBLE .BIO

.BOOK .CATHOLIC .CHURCH .CLOUD .DOCTOR .DOG. EPSON .FAN .FEDEX .FILM .FOOD .GALLERY .GAY

.GIFT .HERMES .ISLAM .LEGAL .LOL .HEALTH .HOME .HOSPITAL .MED .MEDICAL .MENU .OMEGA .ORGANIC .PARIS .PARTY .PFIZER .PHARMACY .RECIPIES .SHOP

.TOKYO .WEIBO etc.


2.  Objection and Dispute Resolution. An Overview

Dispute Resolution Mechanism Object Dispute Resolution Mechanism

String Confusion Objections Existing TLD International Center for Dispute Resolution

Legal Rights Objections Prior Rights WIPO Arbitration and Mediation Center

Limited Public Interest Objections Public Interest International Center of Expertise of the ICC

Community Objections Community Interest Community objection



2.  Objection and Dispute Resolution. An Overview

Independent Objector (IO)

Acting solely in the best interests of global Internet users

The can lodge objections on the grounds of: Limited Public interest Objections Community objections In cases where no other objection has been filed. Professor Alain PELLET serves as the Independent Objector.



2.  Objection and Dispute Resolution. Statistics


Source: ICANN (5 May 2014)

Active applications

1397

Proceedings

267


2.  Objection and Dispute Resolution. Statistics.


Community, 104

LRO, 69 Public

interest, 23

String confusion, 76 Total number of

objections

272




Objection rejected, 59

Upheld, 1 Upheld with dissenting opinoin, 3

Total number of Legal Right Objections

63




Total number of Community Objections

47

Objector, 15

Withdraw, 30

In Progress, 2




Total number of String Confusion

Objections

67

Terminated, 3

Objector, 12

Withdraw, 6

Applicant, 46




Total number of Public Interest

Objections

23

In progress, 11

Applicant, 9

Withdraw, 1 Objector, 1

Objector with dissenting opinion, 1




Total number of objections lodged

by the IO

36

Community, 13

Public Interest, 23


3.  The Public Policy Matters





.TOKYO .WEIBO etc.


3.  The Public Policy Matters > Community





.TOKYO .WEIBO etc.


3.  The Public Policy Matters > Public Interest





.TOKYO .WEIBO etc.


3.  The Public Policy Matters > Public Interest > Health Sector





.TOKYO .WEIBO etc.




Several expert determinations




Dr. Emmanuel GILLET v [email protected]

Sou

Source: ICANN



Dr. Emmanuel GILLET v [email protected] Source: ICANN


•  Value of the new gTLDs in the health sector

•  Health market is constantly growing •  Acceleration with the big data revolution




VALUE ATTRACTS VULTURES




•  Risks we must take into consideration

•  Online counterfeiting •  Fake pharmacies

•  12 July 2013, French law liberalizing drugs market •  September 2013: 11 fake e-pharmacies (based in Russia)

shut down •  Scamming, identity theft, phishing, etc.




•  Risks we must take into consideration

•  Online counterfeiting •  Acceleration with the big data revolution


© R

eald

ange

r.co.

uk



The need for a regulation of the health sector?




•  EXP/412/ICANN/29, Prof. Alain Pellet (IO) v. Ruby Pike

•  IO: “the applied-for gTLD string is contrary to generally accepted legal norms relating to morality and public order that are recognized under principles of international law” (reference to paragraph 3.5.3. of the Guidebook)

•  References to various provisions from international instruments of law

•  “Misuse of the word “hospital” can cause significant harm to the society”





•  Counter-arguments •  Freedom of expression •  WHO Resolution on eHealth standardization and

interoperability: health-related global top-level domain names in all languages (…) should be operated in a way that protects public health, including by preventing the further development of illicit markets of medicines, medical devices and unauthorized products and services (…)”

•  Intended use is not contrary to fundamental norms of public order and morality” (dissenting opinion)





•  Expert determination: Objection justified




Proposition for a co-regulation: to involve the WHO

•  As an observer?

•  In the board of the registry?



Thank you

Emmanuel GILLET, PH D v

[email protected]


2014 05 14 new gtlds and public order

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