[APAC-Discuss] about .jiankang (.健康) and the proposed objection from ALAC

Tue Mar 5 08:04:00 UTC 2013

Further to Edmon's post:

Anyway, I think we should consider, from APRALO, to separate out the ".½¡¿µ"
application from the other objections to ".health" and not recommend the
objection to be filed for ".½¡¿µ" from ALAC.

[Sala>] I agree that APRALO should separate the ".½¡¿µ" from the other
objections to ".health" and *NOT* recommend the objection to be filed for
".½¡¿µ" from ALAC.

Kind Regards,
Sala

On Tue, Mar 5, 2013 at 7:55 PM, Salanieta T. Tamanikaiwaimaro <
salanieta.tamanikaiwaimaro at gmail.com> wrote:

> Dear APRALO,
>
> Further thoughts to add to Edmon and Rinalia's posts. As I fed the ¡°.½¡¿µ¡± into
> the search engines, I was directed to a few sites which I have tabulated
> for ease of reference.
>
>
>
> *WEBSITES IN CHINESE CHARACTER*
>
> *TRANSLATION*
>
> *½¡¿µ_Å®ÐÔ½¡¿µ¡¢½¡¿µÐ¡³£Ê¶·ÖÏí_Ì«Æ½ÑóÅ®ÐÔÍø½¡¿µÆµµÀ <http://health.pclady.com.cn/>*
>
>
>
> Health.pclady.com.cn
>   *½¡¿µ*ÆµµÀ_»·ÇòÍø <http://health.huanqiu.com/>
>
>
>
> Health.huanqiu.com
>   *½¡¿µ*ÆµµÀ-ËÑºü <http://health.sohu.com/>
>
>
>
> health.sohu.com
>   99*½¡¿µ*Íø_99Ïà°é*½¡¿µ*Ò»Éú <http://www.99.com.cn/>
>
>
>
> 99.com.cn/
>   *½¡¿µ*ÎÀÉúÆµµÀ--ÈËÃñÍø <http://health.people.com.cn/>
>
>
>
> health.people.com.cn
>
> Non existent
>
> http://www.39.net/
>   Non existent
>
> http://www.jk3721.com
>
>
>
>  Whilst, I recognize that the Chinese languages are spoken by a far wider
> diasporas than mainland China itself as Rinalia has pointed out, I thought
> that it would also be useful to the dialogue to add to the discussions.
>
>
>  On the issue of the ¡°.½¡¿µ¡±I think that it would also be useful when
> considering public interest to also look at how such a string could prove
> beneficial for the ordinary end user. There are excellent opportunities for
> the public to have access to diverse information on Heath related matters
> on ¡°.½¡¿µ¡±and would further submit that this could help address some of the
> public health issues by providing a medium or information infrastructure
> where those intending to provide health services and advisory information
> could host their information.
>
> China¡¯s 2009-2011 Implementation Plan for the Recent Priorities of the
> Health Care System Reform[1] <#13d398be9ef7759e__ftn1> addressed
> highlighted the need to improve the situation of ¡°difficult and costly
> access to health care¡±. Having a generic TLD for the Chinese speaking
> communities could address access to information in the world¡¯s most
> populous country where it was estimated that it had a population of 1.37
> billion people in 2010[2] <#13d398be9ef7759e__ftn2>. The China Health
> Profile reported that emerging health threats are emerging in relation to
> the environment, workplace and lifestyle[3] <#13d398be9ef7759e__ftn3>. It
> has been reported that air pollution and water contamination by industrial
> and municipal waste as well as overuse of chemical fertilizers and
> pesticides cost China over 400,000 lives per year[4]<#13d398be9ef7759e__ftn4>
> .
>
>
> *¡°The major health threats in underdeveloped areas of rural China include
> unsafe water, lack of sanitation, undernutrition, vitamin and mineral
> deficiencies, and indoor pollution. Many people, especially in the remote
> and poor areas in the western and interior regions, still have consumption
> levels below a dollar a day, often without access*
>
> *to clean water, arable land, or adequate health and educational
> services. Efforts to move from a fee.for.service to a prepaid system with a
> comprehensive benefits package are underway. However, ill.health continues
> to be a contributor to poverty, and out.of.pocket medical expenses remain
> high.*
>
> *Country Health Information Profile 2010¡±*
>
> * *
>
> I do not expect China¡¯s health problems and access challenges to magically
> disappear with the introduction of ¡°.½¡¿µ¡± but  I feel that it is
> potentially a way to enable ease of access to information for ordinary end
> users in China and to the Chinese diasporas.
>
>
> There are no doubt many considerations but in this particular context, the
> heart of the issue that should be considered is ¡°access¡±. Would the
> endorsement of ¡°.½¡¿µ¡± help ordinary end users access information or
> services?
>
>
> There is also merit in having a ¡°.½¡¿µ¡± where conditions for purchasing
> TLDs are made to comply with conditions and this is a great opportunity to
> roll out proper records of "Whois" data and to study the impact of both
> technical and policy measures from the beginning should the gTLD be granted.
>
>
> With kind regards,
>
> Sala
>
>
> P.S Footnotes/References are provided below.
>
> ------------------------------
>
> [1] <#13d398be9ef7759e__ftnref1>China National Health Plan in
> http://www.wpro.who.int/health_services/china_nationalhealthplan.pdf
>
>
>
> [2] <#13d398be9ef7759e__ftnref2> Country Health Profile ¨C China in
> http://www.wpro.who.int/countries/chn/5CHNpro2011_finaldraft.pdf
>
> [3] <#13d398be9ef7759e__ftnref3> ibid
>
> [4] <#13d398be9ef7759e__ftnref4> China Statistical Yearbook 2010.
> National Bureau of Statistics of China.
> http://www.stats.gov.cn/tjsj/ndsj/2010/indexeh.htm as quoted in
> http://www.wpro.who.int/countries/chn/5CHNpro2011_finaldraft.pdf
>
>
>  Kind Regards,
> Sala
>
>
> On Tue, Mar 5, 2013 at 4:40 PM, Rinalia Abdul Rahim <
> rinalia.abdulrahim at gmail.com> wrote:
>
>> Dear APRALO,
>>
>>
>>
>> I would like to offer the following as food for thought for APRALO¡¯s
>> deliberation on whether or not to support the community objection against
>> the new gTLD application for ¡°.½¡¿µ¡± by Stable Tone Limited and also to
>> respond to some of the questions raised by Edmon Chung, whose views I
>> value
>> irrespective of the hat that he wears.  I also appreciated hearing
>> Richard¡¯s views on the interpretation of ¡°.½¡¿µ¡±.
>>
>>
>>
>> *Does the string ¡°.**½¡¿µ**¡± mean ¡°.health¡± or ¡°.healthy¡±?*
>>
>> The answer is complicated because it can be both.  While½¡¿µ can be viewed
>> in
>> broad terms to include health, healthy, wellbeing, wellness, etc., any
>> interpretation is limited to aspects of health.  What is important to bear
>> in mind is that the concept of healthy/wellbeing/wellness is firmly within
>> the realm of health and not separate to it. **
>>
>>
>>
>> *WHO¡¯s use of ¡°**ÎÀ**Éú**¡± in its name to refer to health** *
>>
>> The World Health Organization¡¯s core priority when it was set up was on
>> prevention and control of diseases to protect the health of the public.
>> It
>> can be argued that ¡°ÎÀÉú¡± was selected because its meaning of ¡°health¡±
>> specifically includes ¡°hygiene¡± and ¡°sanitation,¡± which are critical
>> elements in containing the spread of diseases and in safeguarding public
>> health.
>>
>> *
>> *
>>
>> *Why has IMIA not lodged objections against other strings like ¡°.doctor¡±*
>>
>> IMIA¡¯s response to this is that its ¡°priority is to make sure that one Top
>> Level Domain (TLD) can be protected and identified as a safer place for
>> health information.¡±  They also emphasize that they are prioritizing a TLD
>> that cover health broadly (i.e., strings like .doctor and .medical are
>> considered as too limited and specialized and maybe regulated in some
>> countries already ¨C all of which are subsets of health).  It can be argued
>> that IMIA¡¯s interest in a broad understanding of health encompasses
>> aspects
>> of healthiness or wellbeing or wellness, which is supported by their
>> identification of problematic statements in the applications being
>> objected
>> upon, including the one by Stable Tone Limited. **
>>
>> *
>> *
>>
>> *Can the use of ¡±**½¡¿µ**¡± **cause confusion against the industry
>> identified?*
>>
>> It depends on whether or not Chinese-speaking consumers differentiate
>> between ¡°health¡± and ¡°healthy¡± when they see the string.  If they don¡¯t
>> differentiate, then the potential for confusion exists.
>>
>> The applicant indicated that the target market is Chinese-speaking
>> Internet
>> users in general and primarily targeted at potential registrants and
>> Internet users in Mainland China.  In reality, given the borderless nature
>> of the Internet, the potential market is Chinese-speaking consumers both
>> inside and outside of Mainland China.  There is a significant
>> Chinese-speaking population in other countries in Asia as well as other
>> regions.
>>
>>  A random survey can easily determine if consumers differentiate ¡°½¡¿µ¡± /
>> ¡°jian kang¡± in terms of ¡°health¡± and ¡°healthy¡±.  I did a simple test with
>> a
>> rough and ready method involving a small sample and asked Chinese-speaking
>> individuals in Mainland China, Malaysia and Singapore (who are ordinary
>> users and not related to ICANN or the domain name industry) about their
>> views regarding the string.  The response is startling in that there is
>> variation including among those from Mainland China.  Most view the string
>> as ¡°healthy¡±, but they also view it as BOTH ¡°health¡± and ¡°healthy¡±. A
>> minority view it as purely health.  Views that the string means ¡°health¡±
>> or
>> both ¡°health and healthy¡± would be problematic for the applicant in that
>> it
>> would defeat its argument that the target consumers do differentiate
>> between the two, which is the basis for excluding ¡°½¡¿µ¡± from the community
>> objection on .health.
>>
>>
>> A proper random survey by an independent party involving a large sample
>> size that controls for biases can elucidate the situation (i.e., refute or
>> confirm), but the possibility of confusion exists until proven otherwise.
>> Should the case for confusion be established, the issue then is what
>> proportion of the market is likely to be confused and whether the
>> proportion can be considered as negligible.
>>
>> *Can the use of ¡±**½¡¿µ**¡± **cause harm to consumers?*
>>
>> This is the most important question and it allows the debate to go beyond
>> the string interpretation issue and focus on the substance of the proposed
>> TLD.  In essence, the use of ¡±½¡¿µ¡± can cause harm if consumer protection
>> cannot be adequately safeguarded irrespective of whether ¡°the distribution
>> of and exchange of information, products and services¡± are related to
>> health or healthy lifestyle.  It is important to bear in mind that
>> information, products and services on ¡°healthy lifestyle¡± do impact
>> health.
>>
>>
>>
>> Stable Tone¡¯s application would inspire more confidence (and can be
>> improved) if it had provided sufficient information in terms of how
>> potential harm to consumer health can be constrained and what safeguards
>> will be in place.
>>
>>
>>
>> The following are some areas of concern along these lines:
>>
>>
>> (1) Representatives of Stable Tone indicated that the string (.½¡¿µ) is ¡°not
>> focussed on the type of specific health-related services that may be
>> within
>> the ambit of any regulated industry such as the medical industry¡±.
>>
>> ------- This venture into an ¡°unregulated industry¡± that implicates health
>> raises concerns in terms of how consumer protection will be addressed.
>>  *[Note:
>> the commitment to not venture into a regulated industry requires
>> contractual enforcement from ICANN, which is still uncertain.]*
>>
>>
>>
>> (2) Stable Tone highlighted that ¡°the lack of monitoring and abuse
>> mitigation has led to a plethora of websites with fraudulent, unhealthy,
>> even dangerous products and information¡± and that ¡°it will take both
>> technical as well as policy measures to differentiate and distinguish
>> .½¡¿µTLD
>> (.jiankang) from other TLDs rife with abusive domains which seek to
>> misguide and defraud the consumers.¡±
>>
>> ------- These are good commitments, but the question is how.  How would
>> Stable Tone go about policing the TLD to protect consumers and which
>> authoritative body/individuals would it consult in determining what is
>> unhealthy or dangerous in an ¡°unregulated industry¡±?  The claim that the
>> government will be watching and will take action is problematic in a
>> situation where the industry is acknowledged to be unregulated.
>>
>>
>>
>> *In Conclusion*
>>
>>
>>
>> The At-Large community has a responsibility to advance and protect end
>> user
>> interests.  In the case of health or anything related to health, the
>> responsibility to protect is immense and it is appropriate to be
>> cautious.  IMIA
>> as a credible advocate and representative of the global health community
>> has stepped forward to express its concern and objection with clear
>> justifiable grounds.  The At-Large new gTLD Review Group has tested IMIA¡¯s
>> objection against 4 very strict criteria, which no other entity has
>> succeeded in passing, and the Review Group has deemed the objection to be
>> in scope and relevant.
>>
>>
>>
>> I am sympathetic to the case of Stable Tone.  I recognize that it takes a
>> considerable amount of effort and resources to apply for a TLD and I am
>> viewing the application as an entrepreneurial initiative that was made in
>> good faith with the intent to provide a namespace with innovation and
>> consumer benefits.  A TLD with a market as large as China plus the rest of
>> the Chinese-speaking world has a very high revenue-generating
>> potential.  Should
>> consumer health be adversely affected due to insufficient safeguards, it
>> is
>> the public health care system that will bear most of the burden (if not
>> all).
>>
>>
>>
>> A venture into any area impacting any aspect of health requires special
>> care and safeguards for consumer protection.  I would recommend that
>> Stable
>> Tone be asked to provide clear guidelines and expand on its ideas for
>> protecting consumer interests towards developing acceptable and
>> appropriate
>> measures for consumer health/wellbeing protection related to the proposed
>> use of the TLD.
>>
>>
>>
>> I urge APRALO to consider this case very carefully in its ¡°vote¡±, which is
>> due tomorrow (i.e., March 6th) by way of the RALO Chair, and I hope that
>> the above contributes to the thinking about the issue.
>>
>>
>>
>> Sincerely,
>>
>>
>> Rinalia Abdul Rahim
>> _______________________________________________
>> APAC-Discuss mailing list
>> APAC-Discuss at atlarge-lists.icann.org
>> https://atlarge-lists.icann.org/mailman/listinfo/apac-discuss
>>
>> Homepage for the region: http://www.apralo.org
>>
>
>
>
> --
> Salanieta Tamanikaiwaimaro aka Sala
> P.O. Box 17862
> Suva
> Fiji
>
> Twitter: @SalanietaT
> Skype:Salanieta.Tamanikaiwaimaro
> Tel: +679 3544828
> Fiji Cell: +679 998 2851
>
>
>
>

-- 
Salanieta Tamanikaiwaimaro aka Sala
P.O. Box 17862
Suva
Fiji

Twitter: @SalanietaT
Skype:Salanieta.Tamanikaiwaimaro
Tel: +679 3544828
Fiji Cell: +679 998 2851