|Registry Provider:||Demand Media|
|PIC Submitted:||Download Here|
|Priority #:||1519 - Donuts (Silver Glen, LLC)|
|Parked Domain %:||57.86 %|
|Delegation:||30 July 2014|
|General Availability:||22 October 2014|
European Commission Communiqué
The European Commission flagged the application for .healthcare outside of ICANN's defined remediation processes.
Just after ICANN's GAC issued its Early Warnings, which are advice given from one GAC member country to an applicant warning it of potential issues within its application, the European Commission issued a letter to all applicants within the new gTLD program. The letter highlights 58 applications that "could raise issues of compatibility with the existing legislation .. and/or with policy positions and objectives of the European Union." It notes a desire to open a dialogue with each offending applicant.
The Commission specifically notes that this objection is not a part of the GAC Early Warning process, and goes on to note that "the Commission does not consider itself legally bound to [ICANN] processes," given that there is not legal agreement between the two bodies.
ICANN's Independent Objector (IO) filed both a Community Objection and a Limited Public Interest objection against the .healthcare string. The IO is an appointed authority on international law whose role is to object to strings on the grounds of Community harm and Limited Public Interest were detailed in the applicant guidebook. His objections are official objections and are funded by ICANN, though his office is otherwise independent. Reasons for the specific case against .healthcare were not initially given, but the community objection generally argues that the TLD faces opposition or is contrary to a significant portion of a community which it purportedly aims to serve. The IO must determine: That the community is a clearly delineated community; that there is a strong association between the community and the string applied for; there is a strong association between the segment of the community on whose half we objects and the string itself; and he must determine that the TLD would produce a significant material detriment to this sizable portion of the community. In the case of Limited Public Interest, "the applied-for gTLD string must be contrary to generally accepted legal norms of morality and public order that are recognized under fundamental principles of international law. The expert panel appointed by the ICC will base its decision on the existence of such a contradiction." The applied for string must threaten an incitement to violence of lawless action, discrimination, child pornography, or "be contrary to specific principles of international law as reflected in relevant international instruments of law."
The majority of the IO's objections focus on health related TLD applications.
The following is excerpted from the applicant's response to question #18:
"ABOUT DONUTS Donuts Inc. is the parent applicant for this and multiple other TLDs. The company intends to increase competition and consumer choice at the top level. It will operate these carefully selected TLDs safely and securely in a shared resources business model. To achieve its objectives, Donuts has recruited seasoned executive management with proven track records of excellence in the industry. In addition to this business and operational experience, the Donuts team also has contributed broadly to industry policymaking and regulation, successfully launched TLDs, built industry-leading companies from the ground up, and brought innovation, value and choice to the domain name marketplace.
ABOUT DONUTS’ RESOURCES Donuts’ has raised more than US$100 million from a number of capital sources for TLDs. Our well-resourced, capable and skilled organization will operate these TLDs and benefit Internet users by:
1. Providing the operational and financial stability necessary for TLDs of all sizes, but particularly for those with smaller volume (which are more likely to succeed within a shared resources model); 2. Competing more powerfully against incumbent gTLDs; and 3. More thoroughly and uniformly executing consumer and rights holder protections.
THE .HEALTHCARE TLD This TLD is attractive and useful to end-users as it better facilitates search, self-expression, information sharing and the provision of legitimate goods and services. Along with the other TLDs in the Donuts family, this TLD will provide Internet users with opportunities for online identities and expression that do not currently exist. In doing so, the TLD will introduce significant consumer choice and competition to the Internet namespace – the very purpose of ICANN’s new TLD program.
This TLD is a generic term and its second level names will be attractive to a variety of Internet users. Making this TLD available to a broad audience of registrants is consistent with the competition goals of the New TLD expansion program, and consistent with ICANN’s objective of maximizing Internet participation. Donuts believes in an open Internet and, accordingly, we will encourage inclusiveness in the registration policies for this TLD. In order to avoid harm to legitimate registrants, Donuts will not artificially deny access, on the basis of identity alone (without legal cause), to a TLD that represents a generic form of activity and expression.
.HEALTHCARE is a TLD attractive to registrants with affinity or professional interest in promotion or treatment of human health, and the methods of delivery and payment for health care services. This includes, but is not limited to, those engaged in the treatment and prevention of disease and illness, the provision of primary and secondary care, the dissemination of health care information, and the advancement of public health. The term HEALTHCARE is also highly topical in the global discussion of healthcare policy and administration, and is a useful forum for debate and the exchange of ideas. We would operate this TLD in the best interests of all registrants, and in a stable and secure manner.
DONUTS’ APPROACH TO PROTECTIONS No entity, or group of entities, has exclusive rights to own or register second level names in this TLD. There are superior ways to minimize the potential abuse of second level names, and in this application Donuts will describe and commit to an extensive array of protections against abuse, including protections against the abuse of trademark rights.
We recognize some applicants seek to address harms by constraining access to the registration of second level names. However, we believe attempts to limit abuse by limiting registrant eligibility is unnecessarily restrictive and harms users by denying access to many legitimate registrants. Restrictions on second level domain eligibility would prevent law-abiding individuals and organizations from participating in a space to which they are legitimately connected, and would inhibit the sort of positive innovation we intend to see in this TLD. As detailed throughout this application, we have struck the correct balance between consumer and business safety, and open access to second level names.
By applying our array of protection mechanisms, Donuts will make this TLD a place for Internet users that is far safer than existing TLDs. Donuts will strive to operate this TLD with fewer incidences of fraud and abuse than occur in incumbent TLDs. In addition, Donuts commits to work toward a downward trend in such incidents.
OUR PROTECTIONS Donuts has consulted with and evaluated the ideas of international law enforcement, consumer privacy advocacy organizations, intellectual property interests and other Internet industry groups to create a set of protections that far exceed those in existing TLDs, and bring to the Internet namespace nearly two dozen new rights and protection mechanisms to raise user safety and protection to a new level."
- Reveal Day 13 June 2012 – New gTLD Applied-For Strings
- DomainIncite.com/Docs Published 27 Nov 2012, Retrieved 11 Dec 2012
- Europe Rejects ICANNs Authority As it Warns of Problems with 58 New gTLDs, DomainIncite.com Published 27 Nov 2012, Retrieved 11 Dec 2012
- Community Objections, Independent Objector New gTlds.org Retrieved 14 Mar 2013
- Limited Public Interest, Independent Objector NewgTLDs.org Retrieved 14 Mar 2013
- Application Download, gTLDresults.ICANN.org Retrieved 2 Mar 2013