N EW G TLD S AND P UBLIC O RDER 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
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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
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
v NEW GTLDS AND PUBLIC POLICY
CC BY-NC-ND 4.0 | 2014 Emmanuel GILLET
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.
3. The Public Policy Matters > Public Interest > Health Sector
The need for a regulation of the health sector?
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CC BY-NC-ND 4.0 | 2014 Emmanuel GILLET
3. The Public Policy Matters > Public Interest > 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”
v NEW GTLDS AND PUBLIC POLICY
CC BY-NC-ND 4.0 | 2014 Emmanuel GILLET
3. The Public Policy Matters > Public Interest > Health Sector
• EXP/412/ICANN/29, Prof. Alain Pellet (IO) v. Ruby Pike
• 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)
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CC BY-NC-ND 4.0 | 2014 Emmanuel GILLET
3. The Public Policy Matters > Public Interest > Health Sector
• EXP/412/ICANN/29, Prof. Alain Pellet (IO) v. Ruby Pike
• Expert determination: Objection justified
v NEW GTLDS AND PUBLIC POLICY
CC BY-NC-ND 4.0 | 2014 Emmanuel GILLET
3. The Public Policy Matters > Public Interest > Health Sector
The need for a regulation of the health sector?
v NEW GTLDS AND PUBLIC POLICY
CC BY-NC-ND 4.0 | 2014 Emmanuel GILLET
3. The Public Policy Matters > Public Interest > Health Sector
The need for a regulation of the health sector?
CC BY-NC-ND 4.0 | 2014 Emmanuel GILLET
3. The Public Policy Matters > Public Interest > Health Sector
Proposition for a co-regulation: to involve the WHO