[lac-discuss-en] Decisions by the ICC regarding the ALAC community objections against applicants "Goose Fest, LLC" and "dot Health Limited" to the .HEALTH string

Mon Jan 27 20:57:33 UTC 2014

Dear All,

Just before March 13 2013, the ALAC filed community objections against
applicants "DotHealth, LLC", "Goose Fest, LLC", and "dot Health Limited"
for the .HEALTH string.

The filing of the objections was the culmination of the process by which
the ALAC could file objections to a new gTLD application (
https://community.icann.org/download/attachments/31178691/alac-facts-objection-final.pdf
).

The gTLD Review Group (https://community.icann.org/x/u7-bAQ) facilitated
the objection process within At-Large.

The new gTLD Dashboard at http://bit.ly/newgtld has the archive of the
comments received by the gTLD Review Group, the objection statements
considered by the RALO and ALAC and a record of the RALO advice and the
ALAC's consideration of the RALO's advice.

An ALAC Objections Followup Group , chaired by Seth Reiss was created by
the ALAC to follow up with the objection process as it was being heard by
the ICC.

Since March 2013,
- one of the applicants "dot Health Limited" withdrew their application for
.HEALTH ;
- the applicants filed a response to the objection statements with the ICC
(ccing the ALAC Objections Followup Group)
- the hearing of the 2 objections was consolidated to be heard by one
panelist (with the approval of the applicants and the ALAC Objections
Followup group).
- The panelist chosen by the ICC was Professor Jan Paulsson.
- The panelist did not ask either the applicants or the ALAC Followup Group
 for any followup submissions.

On January 16, 2013, the ICC panelist dismissed the ALAC objections against
the two applications. The rulings are attached to this email, but can be
viewed at

http://newgtlds.icann.org/sites/default/files/drsp/17jan14/determination-1-1-1684-6394-en.pdf
http://newgtlds.icann.org/sites/default/files/drsp/17jan14/determination-1-1-1489-82287-en.pdf

An email by Seth Reiss was posted on the ALAC_announce mailing list and is
appended below.

For reference, all of the objections' determinations can be viewed at
http://newgtlds.icann.org/en/program-status/odr/determination

Of note,

- the Independent Objector (IO) filed community objections to applications
to .MED and prevailed
- the IO filed community objection to application for .MEDICAL and prevailed
- the IO filed Limited Public Interest Objections to applications for
.HEALTH which were dismissed (applicants prevailed).
- the IO filed community and Limited Public Interest Objections to
.HEALTHCARE and were dismissed (applicants prevailed).

Again, see http://newgtlds.icann.org/en/program-status/odr/determination for
the links to these determinations.

Kind Regards,

Dev Anand Teelucksingh

On Mon, Jan 20, 2014 at 5:30 PM, Olivier MJ Crepin-Leblond <ocl at gih.com>
 wrote:

> Forwarded email from Seth Reiss:
>
>
> ALAC Members:
>
> On 16 January,  the International Chamber of Commerce (ICC) issued two
> decisions authored by ICC panelist Professor Jan Paulsson finding
> against the objections that had been lodged by the ALAC pursuant
> Attachment to Module 3 of Applicant's Guidebook.  The ALAC had submitted
> three objections under the Community Objection ground outlined in Module
> 3, each against an applicant for the .health string, based in
> substantial part upon concerns voiced and information received from the
> International Medical Informatics Association (IMIA).   In the case of
> one applicant, dot Health Limited, the applicant withdrew its
> application prior to the case being decided leaving only two ALAC
> objections to be decided. The remaining two cases were consolidated and
> decisions issued 16 January 2014. Copies of those decisions are attached.
>
> Professor Paulsson found against ALAC on the issue of standing, as well
> as on each of the four criteria, set forth in Subsection 3.5.4 of the
> Guidebook, required to sustain an objection on community grounds. The
> decisions, which are substantially identical (perhaps appropriate for
> consolidated cases) are full of opinions and innuendo, that makes for
> good reading but leaves one to wonder how the ALAC could have lodged
> objections that had any chance of succeeding, which in turns begs the
> question of the Guidebook's purpose in authorizing and funding the ALAC
> to lodge objections in the first place.  One commentator,
>
> http://domainnamewire.com/2014/01/17/health-applicants-survive-community-objections/
> ,
> suggests that having a geographically diverse three person panel might
> have given rise to a more satisfying result.
>
> Irrespective of the merits, the procedure in this case was less than
> transparent and did not achieve the efficiency the Guidebook had
> intended.  Some communications did not reach the ALAC in a timely manner
> due to misunderstandings on email protocols, the Center continued
> applicant response deadlines for various reasons and, most striking,
> there was a four month delay between Professor's submission of his draft
> opinion to the ICC and the ICC's release of the same.  The procedures
> found in the Guidebook set forth strict turnaround times. In the case of
> the decision, there was supposed to have been a 45 day turnaround
> between the constitution of the panel and issuance of the decision.
>  Article 21 (a) of the Procedure, Attachment to Module 3, Applicant's
> Guidebook.  In this case, the panel was constituted on 11 July but the
> decision was dated 13 January 2014 and released three days later.   The
> substantial delay suggests insensitivity on the part of the ICC to the
> Guidebook's goal of have swift and efficient dispute resolution
> considering that it took four months to "scrutinize" a decision that
> only took a bit more than one month to prepare, and considering that the
> scrutiny process is primarily intended to address matters of form rather
> than substance.
>
> On a more constructive note, the ICC issued evaluation forms with its
> determinations, a copy of which is also attached.  It would seem
> appropriate that the LAC complete and return the forms, perhaps through
> your Objections Follow Up Review Team, but with input  from the ALAC and
> its constituents.  Please let us know how you would prefer that your
> review team handle input for the evaluation forms.
>
> Set forth below is a summary of the status of all the objections filed
> against the .health string, by the ALAC as well as by others.
>
>
>
> Seth Reiss
>
> Objections Follow Up Review Team Chair
>
>
>
>
>
> HEALTH
>
>
>
> 1-1178-3236
>
>
>
> dot Health Limited
>
>
>
> Prof. Alain Pellet, Independent Objector
>
>
>
> Limited Public Interest
>
>
>
> Application Withdrawn
>
>
>
> --
>
>
>
> --
>
> HEALTH
>
>
>
> 1-1178-3236
>
>
>
> dot Health Limited
>
>
>
> ICANN At-Large Advisory Committee (ALAC)
>
>
>
> Community
>
>
>
> Application Withdrawn
>
>
>
> --
>
>
>
> --
>
> HEALTH
>
>
>
> 1-1489-82287
>
>
>
> Goose Fest, LLC
>
>
>
> Prof. Alain Pellet, Independent Objector
>
>
>
> Limited Public Interest
>
>
>
> Applicant Prevailed
> <
> http://newgtlds.icann.org/sites/default/files/drsp/23dec13/determination-2-1-1489-82287-en.pdf
> >
>
>
>
> 16 December 2013
>
>
>
> 23 December 2013
>
> HEALTH
>
>
>
> 1-1489-82287
>
>
>
> Goose Fest, LLC
>
>
>
> ICANN At-Large Advisory Committee (ALAC)
>
>
>
> Community
>
>
>
> Applicant Prevailed
> <
> http://newgtlds.icann.org/sites/default/files/drsp/17jan14/determination-1-1-1489-82287-en.pdf
> >
>
>
>
> 13 January 2014
>
>
>
> 17 January 2014
>
> HEALTH
>
>
>
> 1-1684-6394
>
>
>
> DotHealth, LLC
>
>
>
> Prof. Alain Pellet, Independent Objector
>
>
>
> Limited Public Interest
>
>
>
> Applicant Prevailed
> <
> http://newgtlds.icann.org/sites/default/files/drsp/23dec13/determination-2-1-1684-6394-en.pdf
> >
>
>
>
> 16 December 2013
>
>
>
> 23 December 2013
>
> HEALTH
>
>
>
> 1-1684-6394
>
>
>
> DotHealth, LLC
>
>
>
> ICANN At-Large Advisory Committee (ALAC)
>
>
>
> Community
>
>
>
> Applicant Prevailed
> <
> http://newgtlds.icann.org/sites/default/files/drsp/17jan14/determination-1-1-1684-6394-en.pdf
> >
>
>
>
> 13 January 2014
>
>
>
> 17 January 2014
>
> HEALTH
>
>
>
> 1-868-3442
>
>
>
> Afilias Limited
>
>
>
> Prof. Alain Pellet, Independent Objector
>
>
>
> Limited Public Interest
>
>
>
> Applicant Prevailed
> <
> http://newgtlds.icann.org/sites/default/files/drsp/15nov13/determination-1-1-868-3442-en.pdf
> >
>
>
>
> 6 November 2013
>
>
>
> 15 November 2013
>
>
>
>
>
>
>
> _______________________________________________
> ALAC-Announce mailing list
> ALAC-Announce at atlarge-lists.icann.org
> https://atlarge-lists.icann.org/mailman/listinfo/alac-announce
>
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