.pharmacy Pre-Register Domain - .pharmacy Domain Information

I. Mission and Purpose of .PHARMACY

The National Association of Boards of Pharmacy ("NABP") is submitting this application on behalf of international pharmacy coalitions and national pharmacy associations to ensure that the .PHARMACY gTLD shall serve as a trusted, hierarchical, and intuitive namespace for legitimate Internet pharmacies. All registrants within this gTLD will be vetted prior to registration to ensure that they meet all applicable regulatory standards, including pharmacy licensure, drug authenticity, and valid prescription requirements. In addition, the registry will incorporate both active and passive safeguards into its operation to ensure that these registrants continue to abide by the terms and conditions set forth in their registration agreements.

NABP and the coalition are also filing this application for defensive purposes to ensure that a .PHARMACY gTLD is kept out of the hands of a third party that for commercial reasons, may turn a blind eye toward illegal and/or counterfeit activity within the gTLD. While NABP and the coalition have closely analyzed the objection mechanisms incorporated into the Applicant Guidebook, it was decided that filing this application was the most prudent course of action to protect the collective interests of the consumers who are currently subject to illegal and dangerous pharmaceuticals.

II. The Problem of Rogue Internet Drug Sellers

Online sales of unregulated and counterfeit medicines total an estimated $75 billion per year, and that total is growing. According to NABP research, over 95% of websites selling prescription drugs are out of compliance with applicable laws and regulations. LegitScript estimates that at any one time, there are over 40,000 Internet drug sites in operation. In September 2011, over 50,000 packages shipped from rogue Internet drug sites were seized and found to contain more than 2.4 million illicit and counterfeit pills worth $6.3 million.

In the U.S., prescription drug abuse is now the second-highest drug abuse problem ahead of cocaine, methamphetamine, and heroin use combined. This problem is perpetuated by the availability of dangerous and addictive drugs from illicit sellers online; one in six Americans has purchased medication via the Internet without a valid prescription. According to the World Health Organization (WHO) it is estimated that 8% of bulk drugs imported into the U.S. are counterfeit, unapproved, or substandard.

In addition to risking the health and safety of patients, illegal online drug sales present broader security and criminal risks to society as a whole. According to recent statistics, pharmacy spam constituted 31% of all spam in the fourth quarter of 2011. Also, many of the groups behind these illegal online drug sites have ties to international organized crime syndicates.

III. Partners in the .PHARMACY gTLD Initiative

Although NABP is the formal applicant submitting this application, the .PHARMACY initiative involves a much larger coalition of stakeholders. Below is a representative list of some of the founders behind this initiative. A full and current listing will be available on the NABP website at www.NABP.net.

NABP, founded in 1904, is an impartial professional organization that supports state boards of pharmacy in protecting public health. NABP's member boards of pharmacy are grouped into eight districts that include all 50 United States, the District of Columbia, Guam, Puerto Rico, the Virgin Islands, Australia, eight Canadian provinces, and New Zealand.

The International Pharmaceutical Federation (FIP) is the global federation of national associations of pharmacists and pharmaceutical scientists and is in official relations with the WHO. Through its 126 member organizations, FIP represents more than two million practitioners and scientists around the world.

The Alliance for Safe Online Pharmacies is an informal international alliance of stakeholders led by a steering committee the purpose of which is to protect patient safety globally and ensure patient access to safe and legitimate online pharmacies in accordance with applicable laws.

The National Association of Chain Drug Stores ("NACDS") is a membership organization consisting of over 39,000 community pharmacies with over $750 billion in sales. Its mission is to advance the interests and objectives of the chain community pharmacy industry by fostering its growth and promoting its role as a provider of health care services and consumer products.

Eli Lilly and Company is the tenth-largest pharmaceutical company in the world, and has developed productive alliances and partnerships around the world to develop innovative medicines at lower costs.

LegitScript is the leading Internet pharmacy verification and Internet monitoring service in the U.S. Its staff is made up of individuals with extensive background in law, law enforcement, government, health care, technology, and Internet compliance.

IV. Potential Business Models

NABP is still analyzing potential use case options regarding the type of domain names and registrants that will be permitted to be registered within .PHARMACY. While at the outset the coalition consisted primarily of North American entities, the coalition recognized the global scope of this undertaking and has been actively engaged in ongoing education and outreach throughout the global community. Following this initial outreach, the members of the coalition will discuss potential best practices within the .PHARMACY gTLD, which will be mandatory in all domain name registration agreements. However, initially, the following minimum business models and practices are currently anticipated to be incorporated into the gTLD at the time of its launch.

The current best thinking involves a business model in which generic terms (e.g., ʺcholesterol,ʺ ʺblood pressure,ʺ ʺHIV,ʺ etc.) and geographic names (city/state) would initially be reserved/allocated to develop information portals. The coalition is keenly aware that any new gTLD must be seeded with relevant content to drive traffic and build consumer recognition and trust. Based on an evaluation of the dotAsia Pioneering program, which was incorporated into the launch of the .ASIA gTLD, it is critical that this content be available as soon as possible, ideally before any general registration periods. At the time of filing this application there have been no decisions made regarding how the information portals for .PHARMACY will be developed or who will run them.

NABP is currently evaluating a validation process whereby only online pharmacies and related entities that meet all regulatory standards in the jurisdictions in which they are based and in which they do business, including pharmacy licensure, drug authenticity, and valid prescription requirements, as applicable, would be permitted to register in .PHARMACY. These qualified online pharmacies would only be permitted to register a domain name corresponding to their business or trade name. Specifically, generic domain names not initially reserved/allocated by the registry would not initially be permitted to be registered until a proper discussion could take place within the broader community.

All domain names within .PHARMACY would be subject to suspension and/or cancellation upon the violation of the terms and conditions set forth in the domain name registration agreement. In addition, the registry will incorporate active and passive safeguards into its operation to ensure that these registrants abide by the terms and conditions set forth in their registration agreements.

As explained in response to Question 22 of this application, NABP would like to make prominent use of geographical identifiers within .PHARMACY in a fair and clear way. It is believed that this hierarchical, intuitive framework of short, memorable domain names will facilitate the ease with which consumers navigate the namespace.

18.2 How do you expect that your proposed gTLD will benefit registrants, Internet users, and others?

NABP believes that a proposed .PHARMACY gTLD has the potential to offer the following benefits to Internet users and consumers:

-Establish a trusted online marketplace for consumers seeking legitimate pharmaceuticals from lawful online pharmacies;
-Safeguard consumers from the 95 percent of pharmaceutical websites that are operating out of compliance with applicable laws and regulatory standards;
-Provide consumers with access to short, memorable, and intuitive domain names that will facilitate the navigation of .PHARMACY namespace, especially from mobile devices;
-Safeguard consumers from counterfeit/substandard pharmaceuticals that put the patient's health at risk. By way of example, "the FDA in recent years has found cases of a counterfeit HIV/AIDS drug that contained non-sterile tap water instead of an active ingredient; a fake schizophrenia medication that contained aspirin; a counterfeit influenza vaccine; and a misbranded cough suppressant that caused the death of five consumers." See "Intellectual Property: Observations on Efforts to Quantify the Economic Effects of Counterfeit and Pirated Goods"; United States Government Accountability Office, April 2010;
-Eliminate the need of defensive registrations because .PHARMACY domain names will be allocated only to properly vetted and qualified entities; and
-Incorporate post-registration safeguards, both active and passive, to ensure that registrants continue to act in compliance with the terms and conditions of their registration agreements.

18.2.1 What is the goal of your proposed gTLD in terms of areas of specialty, service levels, or reputation?

The primary mission and purpose of the .PHARMACY gTLD is to provide a trusted, hierarchical, and intuitive online marketplace in which consumers can research and purchase legitimate pharmaceuticals from pharmacies that operate in compliance with applicable national and local laws. Consumers will also have confidence that the online pharmacies using a .PHARMACY gTLD are properly vetted and audited to ensure best-in-class standards, thus minimizing the potential of receiving counterfeit or substandard pharmaceuticals.

Another potential benefit of the .PHARMACY gTLD through the "look to the right of dot" awareness campaign (see Section 18.2.6) is to raise public awareness of the problem of existing counterfeit pharmaceuticals on the Internet and the danger that they pose to consumers. While some consumers who do not have proper prescriptions will continue to use illegal online drug sites, this initiative will give other consumers a way to avoid unknowingly subjecting themselves to potentially dangerous medicines.

18.2.2 What do you anticipate your proposed gTLD will add to the current space, in terms of competition, differentiation, or innovation?

As a community-based gTLD, the primary driving factors of a .PHARMACY gTLD are public safety and consumer trust. The success of the gTLD will not be measured by the number of domain names registered. Instead it will be measured by the level of consumer recognition and trust that is placed in the .PHARMACY gTLD. Using this benchmark, NABP and the coalition strive to build consumer recognition and trust that rise to the level of that found in the .EDU and .GOV gTLDs.

NABP and the coalition members will work together to ensure there are appropriate safeguards, both pre- and post-registration. With proper education and awareness, this gTLD will provide a means to prevent consumers from unknowingly subjecting themselves to potentially dangerous medicines.

18.2.3 What goals does your proposed gTLD have in terms of user experience?

NABP and the coalition believe that the .PHARMACY gTLD will provide a single trusted ecosystem where every registrant in the gTLD will be properly vetted prior to registration, subjected to ongoing monitoring for compliance, and operated in accordance with applicable laws. Additional goals include:
-Increasing public awareness of the problem of rogue online drug sellers and the danger they pose to consumers;
-Cracking down on the number of non-compliant websites, and lowering the percentage of counterfeit/substandard pharmaceuticals being trafficked on the Internet;
-Increasing navigation options for consumers, especially for those using mobile devices;
-Providing valuable information portals for consumers operated at the premium generic and geographic domain names initially reserved/allocated by the registry; and
-Saving lives.

18.2.4 Provide a complete description of the applicant's intended registration policies in support of the goals listed above.

As previously stated, NABP will have safeguards in place to ensure that only authorized online pharmacies that meet all regulatory standards, including pharmacy licensure, drug authenticity, and valid prescription requirements, are able to register in the .PHARMACY namespace.

One of the members of the coalition identified above in Section 18.1.2 is LegitScript, the largest Internet pharmacy verification program in the world, and the only Internet verification program identified by the NABP, other than its own, that meets NABP standards. NABP and LegitScript are looking at authentication processes to speed the review and vetting of potential registrants within the .PHARMACY gTLD. While both parties have extensive experience in connection with North American pharmacies, they will seek to develop a best practice verification process for all pharmacies globally, working with international coalitions such as FIP and agencies such as the WHO.

In addition, NABP is looking at how to access and analyze registry data to proactively monitor the .PHARMACY zone file to identify any potential non-compliance. The active post registration auditing would be coupled with a passive reporting feature whereby third parties could report potential non-compliant activity within the .PHARMACY gTLD.

While these are the initial policies that NABP will adopt for the operation of the gTLD, they recognize that protecting the safety of consumers in the .PHARMACY namespace will require diligence and a continued evolution of the policies. Therefore NABP is evaluating the potential creation of a policy advisory body that could draw upon a larger cross section of the community to propose best practices and technological innovation within the gTLD. It is envisioned that the policy advisory board will function as other such boards within NABP and be comprised of subject matter and process experts in critical areas with a legitimate interest in the .PHARMACY gTLD. The policy advisory board will serve as a resource for remaining current with the environment, issues of importance, and other matters impacting the .PHARMACY gTLD.

In addition, NABP will incorporate all required ICANN consensus policies and other legal/policy requirements imposed on new gTLD applicants into the terms and conditions of the domain name registration agreement that each registrant will execute.

18.2.5 Will your proposed gTLD impose any measures for protecting the privacy or confidential information of registrants or users? If so, please describe any such measures.

NABP and the coalition recognize that this is an evolving area of law in which no international standard exists. However, due to fact that every domain name will be registered to a legitimate online pharmacy or other qualified business meeting the requirements of the registration agreement (e.g., premium domain name registrations), NABP and the coalition have a vested interest to ensure that accurate and current domain name information is readily available in connection with every domain name. Therefore no privacy services are anticipated. In fact, NABP and the coalition have considered prohibiting proxy registrations within the gTLD, but have deferred any decision on this policy until a larger cross section of the community can be consulted.

In addition, NABP intends to incorporate contractual language in its Registry-Registrar Agreement (RRA) modeled after language that has been included in the template Registry Agreement and that has been successfully utilized by existing ICANN gTLD Registry Operators.

The template Registry Agreement states, "Registry Operator shall (i) notify each ICANN-accredited registrar that is a party to the registry-registrar agreement for the TLD of the purposes for which data about any identified or identifiable natural person ("Personal Data") submitted to Registry Operator by such registrar is collected and used under this Agreement or otherwise and the intended recipients (or categories of recipients) of such Personal Data, and (ii) require such registrar to obtain the consent of each registrant in the TLD for such collection and use of Personal Data. Registry Operator shall take reasonable steps to protect Personal Data collected from such registrar from loss, misuse, unauthorized disclosure, alteration or destruction. Registry Operator shall not use or authorize the use of Personal Data in a way that is incompatible with the notice provided to registrars."

18.2.6 Describe whether and in what ways outreach and communications will help to achieve your projected benefits.

As noted above, NABP's driving factor in securing a .PHARMACY gTLD is to educate the public as to the danger of rogue online drug sellers, and empower consumers to avoid unknowingly subjecting themselves to potentially dangerous medicines. In furtherance of this goal, NABP and the coalition are currently evaluating the potential of a "look to the right of the dot" marketing initiative to help educate and empower consumers to research and purchase pharmaceuticals from reputable online pharmacies. In addition, NABP plans to leverage its existing AWARxE™ consumer protection program to educate the public about the .PHARMACY gTLD.

18.3 What operating rules will you adopt to eliminate or minimize social costs (e.g., time or financial resource costs, as well as various types of consumer vulnerabilities)?

All potential domain name registrants within this gTLD will be vetted to ensure that they meet all regulatory standards, including pharmacy licensure, drug authenticity, and valid prescription requirements before being able to register in the .PHARMACY namespace. In addition, the registry will incorporate both active and passive safeguards into its operation to ensure that these registrants continue to abide by the terms and conditions set forth in their registration agreements.

18.3.1 What other steps will you take to minimize negative consequences/costs imposed upon consumers?

In addition to requiring a pre-registration and post-registration verification/audit, NABP and the coalition are currently discussing the potential of a "look to the right of the dot" marketing initiative to help educate and empower consumers to research and purchase pharmaceuticals from reputable online pharmacies, see www.NABP.net. Additionally, because of the restrictive nature of the namespace, there will be no need for trademark and brand owners to defensively register in this gTLD. In fact, even if they wanted to, they would be denied registration unless they met the eligibility criteria established for legitimate online pharmacies and related entities.

18.3.2 How will multiple applications for a particular domain name be resolved, for example, by auction or on a first-come/first-serve basis?

NABP and the coalition do not envision multiple applicants for the same domain name based upon the limited number of domain names registered in the namespace and the proposed initial business model set forth in Section 18.1.3 above, e.g., the initial requirement to have a domain name correspond to a business name or trade name. However, if such an instance should arise, NABP and the coalition believe that a phased equitable allocation approach modeled after those that ICANN has previously approved in connection with numerous ICANN Registry Service Evaluation Process (RSEP) requests would be the most prudent path forward, e.g., RFP, auction, and then first-come, first-serve.

NABP and the coalition have not yet had any formal discussion regarding the allocation/use of domain names initially reserved by the registry and/or any potential Founder's Program as identified in Section 18.3.4 below.

18.3.3 Explain any cost benefits for registrants you intend to implement (e.g., advantageous pricing, introductory discounts, bulk registration discounts).

NABP does not currently envision any advantageous pricing, introductory discounts, or bulk registration discounts given the projected limited size of the namespace. However, NABP is open to evaluating and potentially implementing any marketing initiatives that may be proposed from within the community.

With regard to the allocation of the premium domain names identified in Section 18.1.3 above, NABP is open to evaluating the creation of a Founder's Program as has recently been used in some gTLD launches to incentivize early adopters and/or supporters. The implementation of any such program would be undertaken only after a deliberative consultative process within the coalition.

18.3.4 Note that the Registry Agreement requires that registrars be offered the option to obtain initial domain name registrations for periods of one to ten years at the discretion of the registrar, but no greater than ten years. Additionally, the Registry Agreement requires advance written notice of price increases. Do you intend to make contractual commitments to registrants regarding the magnitude of price escalation? If so, please describe your plans.

NABP is committed to providing domain name registration services in accordance with the periods set forth in the Registry Agreement and providing domain name registrants with pricing notice and predictability. However, in connection with potential premium generic or geographic domain names identified in Section 18.1.3 above, additional requirements may be implemented that would legally bind these registrants in connection with the registration and use of these domain names. These terms will be known by this class of domain name registrants prior to the creation of any legal obligation between the parties.

The National Association of Boards of Pharmacy ("NABP") is submitting this application with the support of international pharmacy coalitions and national pharmacy associations to ensure that the .PHARMACY gTLD shall serve as a trusted, hierarchical, and intuitive namespace for legitimate Internet pharmacies. NABP is committed to serving the community of legitimate online pharmacies and other prescription drug-related entities and educators, which include but are not limited to: -Independent community pharmacies -Chain drug stores and mass retailers offering pharmacy services -Internet pharmacies -Pharmacy benefits management companies -Veterinary pharmacies -Schools and colleges of pharmacy and continuing professional education providers -Wholesale drug distributors -Pharmaceutical manufacturers -Durable medical equipment, prosthetics, orthotics, and supplies (DMEPOS) providers -Prescription drug-related patient advocacy and consumer education groups -Prescription drug information and pharmacy referral sites -Medical professionals advertising services related to a prescription drug At the hub of this community is patient safety. While NABP was established in 1904 to facilitate the transfer of pharmacist licenses between the states, the scope and breadth of the pharmacy community was expanded greatly with the passage of the Food, Drug, and Cosmetic Act ("FD&C Act") of 1938. Previously, there were few safeguards in place to protect patients from unsafe or adulterated prescription drug products. The FD&C Act provided that no new drug could be marketed until proven safe for use. It also defined misbranding and adulteration, and included specific drug labeling requirements. The Durham-Humphrey Amendment of 1951 established two classes of drugs, prescription and over-the-counter; classified prescription drugs as unsafe for use except under medical supervision; and recognized pharmacists as instrumental in the distribution of drugs. Furthermore, state laws established rules for safe pharmacy practice, and set educational and competency requirements for pharmacist licensure. This legal and regulatory framework in the U.S., and similar frameworks in other developed countries, was established to protect the public health, and forms the hub of this community. Illegal online drug sellers have found that it is highly profitable to circumvent these laws and standards, spurring the proliferation of rogue Internet drug outlets, many selling adulterated, unapproved, and even counterfeit drug products without a prescription or medical oversight. By establishing the .PHARMACY gTLD community, NABP and its global coalition aim to establish a delineated environment in which legitimate pharmacies and related entities can conduct business, and where consumers can find those entities that engender patient safety.

1. Accreditation Programs NABP serves a broad array of pharmacy and other prescription drug-related entities through its various accreditation programs, which include: -The Verified Internet Pharmacy Practice Sites (VIPPS) program, which accredits online pharmacies that uphold laws and meet the highest standards of pharmacy care; -The Veterinary-Verified Internet Pharmacy Practice Sites (Vet-VIPPS) program, which accredits online providers of prescription drugs and devices for pets; -The NABP e-Advertiser Approval program, which approves Internet advertisers that offer limited pharmacy or prescription services; -The Durable Medical Equipment, Prosthetics, Orthotics, and Supplies (DMEPOS) accreditation program, which is recognized by the Centers for Medicare and Medicaid Services as an authorized accrediting body for DMEPOS providers; and -The Verified- Accredited Wholesale Distributors (VAWD) accreditation program, which accredits pharmaceutical wholesale distribution facilities. 2. Competency and Licensing Examinations and Resources NABP serves the pharmacy community through its competency and licensing examinations and resources, which include: -The North American Pharmacist Licensure Examination (NAPLEX), which was developed and is administered by NABP, measures a candidate's knowledge of the practice of pharmacy and is required of all pharmacists seeking licensure in the US or its territories; -The Multistate Pharmacy Jurisprudence Examination (MPJE), which combines federal- and state-specific questions to test a candidate's pharmacy jurisprudence knowledge; -The Foreign Pharmacy Graduate Examination Committee (FPGEC) Certification program, which assists graduates of foreign pharmacy schools in more than 200 countries as they work toward becoming licensed pharmacists in the U.S.; -The Foreign Pharmacy Graduate Equivalency Examination (FPGEE), which is one of the examinations required as part of the FPGEC Certification Program; -The Pre-NAPLEX and Pre-FPGEE, which are practice exams, developed and administered by NABP to assist pharmacists preparing to take these professional examinations; -The CPE Monitor, which is an online system for pharmacists and technicians to track their continuing professional education; and -The Pharmacy Curriculum Outcomes Assessment (PCOA), which is an assessment tool used by pharmacy schools to measure student and curriculum performance across all professional years. 3. Pharmacy Regulatory Community NABP represents the pharmacy regulatory community through its support of the boards of pharmacy in all 50 United States, the District of Columbia, Guam, Puerto Rico, the Virgin Islands, Australia, eight Canadian provinces, and New Zealand. 4. Data Collection and Management Resources NABP serves the pharmacy professional and regulatory community through its multiple data collection and management resources, which include: -The NABP's Licensure Transfer program, which enables licensed pharmacists to transfer their existing license from one state or jurisdiction to another; -The Internet drug outlet identification program, which conducts research and issues quarterly reports to support regulatory and enforcement efforts targeting illegal online drug sellers; -The NABP Clearinghouse, which is a national database of educational, competence, licensure, and disciplinary information on pharmacists practicing in NABPʹs member states and jurisdictions; -The NABPLAW, which provides quick access to pharmacy laws and regulations; and -The NABP PMP InterConnect, which facilitates interoperability and interstate data sharing between prescription monitoring programs. 5. Awareness Campaigns NABP partners with pharmaceutical manufacturers, including multinational companies, in awareness campaigns to reduce prescription drug counterfeiting. 6. Patient Advocacy and Consumer Education NABP partners with patient advocacy and consumer education groups to educate patients on medication safety issues, which include: -The Buying Medicine Online section of the NABP website; and -The AWARXE consumer protection program.

The primary mission and purpose of the .PHARMACY gTLD is to serve as a trusted, hierarchical, and intuitive namespace for legitimate Internet pharmacies and related entities to conduct business, and to create a safe online marketplace in which consumers can purchase legitimate medicine and obtain reliable services and information related to their prescription medications. The .PHARMACY namespace will represent, and thereby identify, exclusively those entities that operate in compliance with applicable national and local laws. Internet users will have confidence that all registrants using a .PHARMACY gTLD are properly vetted and audited to ensure best-in-class standards. Additionally, this framework will help to distinguish those online drug sellers that do, and do not, comply with applicable laws, thus minimizing consumers' exposure to counterfeit or substandard pharmaceuticals. NABP is also filing this application to advance important public policy considerations, e.g., the health, safety, and well-being of individuals that have been harmed by counterfeit or substandard pharmaceuticals. NABP also wants to ensure that a .PHARMACY gTLD is kept out of the hands of a third party that, for commercial reasons, may turn a blind eye toward illegal and/or counterfeit activity within the gTLD.

The .PHARMACY gTLD will represent legitimate, law-abiding entities throughout the global pharmacy community. All entities represented in the .PHARMACY namespace occupy an important place in the legitimate manufacture, distribution, and dispensing of prescription medication, and provide assurance of safe practices and professional competency. There is a logical nexus between the applied-for string, .PHARMACY, and the community which it is intended to serve. A broad range of Internet users will understand the connection between the gTLD and the community. Furthermore, most Internet users will make an immediate connection between the gTLD and the goods and services likely to be provided within the namespace.

NABP is proposing a number of policies that will be interwoven into the operation of the .PHARMACY gTLD. These policies include, but are not limited to, Registrant Eligibility (who can register domain names within the .PHARMACY gTLD); Name Selection Criteria (what domain names can be registered); Authorized Usage Policy (how the domain names can be used); and Escalated Compliance and Takedown Procedures. These polices are referenced in the responses to Questions 28, 29, and 30 of this application. 1. Registrant Eligibility All registrants within this gTLD will be vetted prior to registration to ensure that they meet all applicable regulatory standards, including pharmacy licensure, drug authenticity, and valid prescription requirements. Eligible registrants will demonstrate compliance with the laws of the jurisdiction in which they are based, as well as in all jurisdictions in which they conduct business. In addition, the registry will incorporate both active and passive safeguards into its operation to ensure that these registrants continue to abide by the terms and conditions set forth in their registration agreements. Registrants found to be out of compliance with these terms and conditions will be denied a .PHARMACY domain name, or will have their existing .PHARMACY domain name revoked. In the event that a domain name is denied or revoked, registrants will have access to an appeal process. Details of this appeal process have yet to be finalized but will be modeled on the appeals process used by NABP for its many accreditation programs. 2. Name Selection Criteria NABP will implement policies related to Name Selection Criteria that will apply to all registrants within the .PHARMACY gTLD. The initial Name Selection Criteria will require that domain name registrations correspond to a trademark, service mark, or business name of the registrant. This criteria will limit registrants from registering domain names that could lead to confusion regarding the products and/or services provided through that website. NABP will consult with the community on how to best potentially allocate generic and/or geographic terms that are relevant to the community. Notwithstanding this reservation, NABP in its capacity as the Registry Operator could elect to register and use domain names to develop information portals to provide a community service and help raise awareness of the .PHARMACY gTLD initiative. 3. Authorized Usage Policy NABP will have an Authorized Usage Policy that will govern how a registrant may use its registered domain name(s). A draft framework of this policy is as follows: All .PHARMACY domain names must be used to serve the needs of the .PHARMACY gTLD community. By registering a name in this gTLD, the registrant agrees to be bound by the terms of this Acceptable Use Policy (AUP). Registrant may not: 1. Use domain names for any purposes that are prohibited by the laws of the jurisdiction(s) in which registrant does business, or any other applicable law. 2. Use domain names for any purposes or in any manner that violates a statute, rule, or law governing use of the Internet and/or electronic commerce (specifically including "phishing," ʺpharming,ʺ distributing Internet viruses and other destructive activities). 3. Use domain names for the following types of activity: i. Violation of the privacy or publicity rights of another member of the pharmacy community or any other person or entity, or breach of any duty of confidentiality that registrant owes to another member of the .PHARMACY gTLD community, or any other person or entity; ii. Promotion of or engagement in hate speech; hate crime; terrorism; violence against people, animals, or property; or intolerance of or against any protected class; iii. Promotion of or engagement in defamatory, harassing, abusive, or otherwise objectionable behavior; iv. Promotion of or engagement in child pornography or the exploitation of children; v. Promotion of or engagement in any spam or other unsolicited bulk email, or computer or network hacking or cracking; vi. Infringement on the intellectual property rights of another member of the .PHARMACY gTLD community, or any other person or entity; vii. Engagement in activities designed to impersonate any third party or create a likelihood of confusion in sponsorship; viii. Interference with the operation of the .PHARMACY gTLD or services offered by NABP; ix. Installation of any viruses, worms, bugs, Trojan horses, or other code, files, or programs designed to, or capable of, disrupting, damaging, or limiting the functionality of any software or hardware; or distributing false or deceptive language, or unsubstantiated or comparative claims, regarding NABP; x. Registration of .PHARMACY domain names for the purpose of reselling or transferring those domain names. 4. Escalated Compliance and Takedown Procedures NABP has identified a number of policies that are core principles upon which the .PHARMACY registry will be operated. Compliance and enforcement of these principles are paramount to the long-term viability and success of the gTLD. NABP's approach toward tackling abusive or noncompliant activity within the namespace is part of a much broader commitment, which is founded on the following principles: timely verification, timely investigation, timely remediation, and timely follow-up. Timely Verification: NABP is committed to bringing all of its available resources to timely investigate and resolve any abusive activity and/or non-compliance within the .PHARMACY namespace. The first prerequisite is the need to verify the authenticity of the request. Therefore, NABP will undertake a preliminary analysis to verify if a complaint has been received from a trusted/verified source. In making this initial determination, NABP will rely upon internal and external staffing. While NABP does not anticipate a high volume of complaints, NABP will prioritize the complaints that it receives based on the source of the complaint, as well as the subject matter of the concern. Timely Investigation: NABP will prioritize all investigations in a similar manner as identified in the preceding section. While NABP staffing levels are suitable to handle expected volumes of complaints and the associated verification/investigation/remediation/follow-up tasks, NABP has access to external consultants to supplement its needs. NABP commits to providing a preliminary investigation status update within one business day following verification in connection with complaints from legitimate law enforcement agencies. In connection with third-party complaints involving security, stability, or criminal activity, NABP will use commercially reasonable efforts to provide a preliminary investigation status update within three business days of verification, and will follow a similar three business day time frame to provide any subsequent follow-up regarding the investigation. In connection with third-party complaints that do not involve security, stability, or criminal activity, NABP will use commercially reasonable efforts to provide a preliminary investigation status update within five business days of verification, and will follow a similar five business day time frame to provide any subsequent follow-up regarding the investigation. Timely Remediation: NABP is fully committed to tackling abusive and/or non-compliant activity within the .PHARMACY namespace, including, but not limited to, domain name suspension and or cancelation. NABP has developed the following remediation plan: In connection with credible threats that significantly impact or threaten the security and/or stability of the Internet or of the namespace, or which cause direct and material harm to others, NABP's default option will be to suspend the domain name within 12 hours of completing a preliminary investigation. The only exception would occur in a case where NABP, after consulting with its team of legal, technical, and policy advisors (both internal and external), decided that there was a compelling reason not to suspend the domain name. In such cases, NABP will communicate this decision and an explanation will be provided to either law enforcement or the third party. In all other complaints, NABP will seek to resolve the matter through an escalated notification process: email, telephone, certified mail. While NABP is committed to ensuring registrant compliance, NABP wants to avoid prematurely suspending and/or cancelling a domain name that may have a larger impact on a much larger community of users. Similar to the procedure outlined above, NABP will consult with its team of legal, technical, and policy advisors before deciding to suspend/cancel a domain name. During this time, NABP will remain in dialogue with the original third-party complainant. Timely Follow-Up: NABP does not view its commitment to the community as ending after a threat has been neutralized. Instead, NABP will follow up in connection with each complaint to either re-activate a domain name after the abusive/non-compliant activity has been resolved, or help educate the registrant as to how to avoid future remediation.

22.1 NABP has Properly Researched this Topic

The National Association of Boards of Pharmacy ("NABP") is keenly aware of the sensitivity of national governments in connection with protecting country and territory identifiers in the Domain Name System (ʺDNSʺ). In preparation for answering this question, NABP reviewed the following relevant background material regarding the protection of geographic names in the DNS:

-ICANN Board Resolution 01-92 regarding the methodology developed for the reservation and release of country names in the .INFO top-level domain, see http://www.icann.org/en/minutes/minutes-10sep01.htm;
-ICANN's Proposed Action Plan on .INFO Country Names, see http://www.icann.org/en/meetings/montevideo/action-plan-country-names-09oct01.htm;
-"Report of the Second WIPO Internet Domain Name Process: The Recognition and Rights and the Use of Names in the Internet Domain Name System," Section 6, Geographical Identifiers, see http://www.wipo.int/amc/en/processes/process2/report/html/report.html;
-ICANN's Governmental Advisory Committee (GAC) Principles Regarding New gTLDs, see https://gacweb.icann.org/download/attachments/1540128/gTLD_principles_0.pdf?version=1&modificationDate=1312358178000; and
-ICANN's Generic Names Supporting Organization Reserved Names Working Group - Final Report, see http://gnso.icann.org/issues/new-gtlds/final-report-rn-wg-23may07.htm

22.2 Initial Reservation of Country and Territory Names

NABP is committed to initially reserving the country and territory names contained in the internationally recognized lists described in Article 5 of Specification 5 attached to the Applicant Guidebook at the second-level and at all other levels within the .PHARMACY gTLD at which NABP will provide registrations. Specifically, NABP will reserve:

1. The short form (in English) of all country and territory names contained on the ISO 3166-1 list, as updated from time to time, including the European Union, which is exceptionally reserved on the ISO 3166-1 list, and its scope extended in August 1999 to any application needing to represent the name European Union, see http://www.iso.org/iso/support/country_codes/iso_3166_code_lists/iso-3166-1_decoding_table.htm#EU;

2. The United Nations Group of Experts on Geographical Names, Technical Reference Manual for the Standardization of Geographical Names, Part III Names of Countries of the World; and

3. The list of United Nations member states in six official United Nations languages prepared by the Working Group on Country Names of the United Nations Conference on the Standardization of Geographical Names.

22.3 Fair & Non-Misleading Use of Geographical Identifiers

NABP was founded in 1904, and is an impartial professional organization that supports the state boards of pharmacy in protecting public health. NABP's member boards of pharmacy are grouped into eight districts that include all 50 United States, the District of Columbia, Guam, Puerto Rico, the Virgin Islands, Australia, eight Canadian provinces, and New Zealand. Although NABP is the formal applicant submitting this gTLD application, the .PHARMACY initiative involves a much larger coalition of stakeholders that include pharmaceutical companies and other related organizations.

NABP would like to provide a hierarchical and intuitive framework for the .PHARMACY namespace by using geographical identifiers as a second-level domain name. This use of geographical identifiers to the left of the gTLD and as part of the domain name itself is believed to have a direct and material impact on search engine algorithms and their corresponding query results. As the Registry Operator, NABP would like to see if this type of hierarchical and intuitive use of second-level domain names within a gTLD provides increased consumer functionality and innovation, as premised by ICANN.

22.4 The Legal Protection of Geographical Identifiers

One of the more authoritative resources on the current state of the law in connection with the protection of geographical identifiers was authored by the World Intellectual Property Organization (WIPO) in its 2001 "Report of the Second WIPO Internet Domain Name Process: The Recognition and Rights and the Use of Names in the Internet Domain Name System." Section six of this report was devoted exclusively to the protection of geographical identifiers.

In analyzing the well-established framework against the misuse of geographical identifiers at the international, regional, and national levels, WIPO identified the following two elements for the protection of geographical identifiers: (i) a prohibition of false descriptions of the geographical source of goods; and (ii) a more extensive set of rules prohibiting the misuse of one class of geographical source indicators, known as geographical indications (see "Report of the Second WIPO Internet Domain Name Process," Paragraphs 206 and 210). Neither false descriptions of the geographical source of goods, nor misuse of geographical indications, is present in NABP's proposed use of geographical identifiers.

Notwithstanding WIPO's recommendation that the protection of geographical identifiers is "a difficult area on which views are not only divided, but also ardently held" (Paragraph 237) national governments within the ICANN Governmental Advisory Committee (GAC) and other international forums have continued to advocate for increased safeguards to protect against the misuse of geographical identifiers within the DNS.

NABP, acting as a responsible non-profit institution, seeks to minimize any potential business practices that might mislead consumers. However, at the same time, it believes that it is important to be able to use geographical identifiers in a fair use and non-misleading manner, if such use can benefit Internet users as proposed in NABP's business model.

22.5 Samples of Fair & Non-Misleading Use of Geographical Identifiers

In undertaking a thorough research of this subject matter prior to filing this application, NABP's subject matter experts were able to uncover the following representative sampling of fair and non-misleading use of geographical identifiers used in the existing gTLD domain name space:

Fair Use of National Geographical Identifiers

AUSTRALIA.COOP - Is operated by Co-operatives Australia, the national body for State Co-operative Federations, and provides a valuable resource about cooperatives within Australia.

NZ.COOP - Is operated by the New Zealand Cooperatives Association, which brings together the country's cooperative mutual businesses in a not-for-profit incorporated society.

USA.JOBS - Is operated by DirectEmployers Association (ʺDEʺ). While Employ Media, the Registry Operator of the .JOBS gTLD, is currently in a dispute with ICANN regarding the allocation of this and other domain names, DE has a series of partnerships and programs with the United States Department of Labor, the National Association of State Workforce Agencies, and Facebook to help unemployed workers find jobs.

MALDIVIAN.AERO - Is the dominant domestic air carrier in Maldives, and provides a range of commercial and leisure air transport services.

Fair Use of Regional /Local Geographical Indicators

TEXAS.JOBS - Is operated by a joint effort between DE, the Texas Workforce Commission, and the National Labor Exchange to connect job seekers with approximately 96,000 job openings. An additional domain name operated by this joint effort was WORKINTEXAS-VETERANS.JOBS, a resource devoted to helping Texas veterans translate their military skills to jobs in the civil marketplace.

BROOKLYN.COOP - Is operated by Brooklyn Cooperative Federal Credit Union, which began as a modest storefront business in 2001, but is now New York City's fastest growing credit union and a model for community development credit unions nationwide.

HYDERABAD.AERO - Is operated by the Hyderabad International Airport and provides a range of interactive services and information for both business and leisure travelers.

SACRAMENTO.AERO - Is a portal website operated by Sacramento County to provide links to each of the airports serving the Sacramento area: Sacramento International Airport (SMF), Mather Airport (MHR), Executive Airport (SAC), and Franklin Field (F72).

22.6 Protection of Regional and Local Geographic Names for Misleading Use

NABP has stated its intention to consider using non-reserved geographic identifiers as part of a hierarchical and intuitive framework in a fair and non-misleading use to help consumers navigate the .PHARMACY namespace. NABP is committed to operating the .PHARMACY namespace in a manner that minimizes potential consumer confusion, and will actively work with others in the ICANN community regarding any future policy development in this area.

22.7 Potential Future Release of Initially Reserved Names

Given that coalition identified in the response to Question 18 of this application includes international operations, NABP looks forward to collaborating with other new gTLD Registry Operators in potentially working with ICANN's Government Advisory Committee (GAC) to explore potential processes that could permit the release of initially reserved country names (including ISO-3166 two characters). Specifically, NABP is interested in exploring other Registry Service Evaluation Processes (RSEP) that have been filed by existing gTLD Registry Operators in releasing previously reserved domain names.

22.8 Dispute Resolution

NABP does not envision any potential disputes from governments or public authorities in connection with the registration and use of geographic names within the .PHARMACY gTLD based upon its proposed use, set forth in the response to Question 18 of this application.

However, NABP is committed to working with governments, public authorities, or IGOs that may have a concern regarding the registration of names with national or geographic significance at the second level within .PHARMACY. Therefore, should there arise any potential disputes, NABP will undertake an immediate policy development process as identified below.

22.9 Creation and Updating the Policies

If there should arise some future need for the creation or updating of the policies regarding this class of domain names, NABP will act in an open and transparent manner consistent with its prior practices to develop such a policy and/or recommendation.

NABP is also committed to continually reviewing and updating these lists to prevent the misleading use of geographical identifiers. Consistent with this commitment, NABP intends to remain an active participant in any ongoing ICANN policy discussion regarding the protection of geographic names within the DNS.