[NA-Discuss] [New gTLD RG] PICs posted by applicants "dot Health Limited" and "DotHealth, LLC"

Eric Brunner-Williams ebw at abenaki.wabanaki.net
Thu Mar 7 18:35:10 UTC 2013

On 3/6/13 11:46 AM, Avri Doria wrote:
> There is no Community here because no Community has declared itself.
> There is no Community harm here because no Community is claiming harm.
> An IGO does not count as Community.


Granted we differ, as we frequently do, in conclusion, and I don't
seek to alter yours, and I do share your process point that discussion
on the na-discuss list should not be abandoned due to the acts, or
omissions, of others, or other regional groups, but I'm concerned as
to the means by which you arrived at this particular conclusion.

Does a community cease to exist when it acquires enduring access to
public policy? That is, does "entering government" of a state
necessarily extinguish "a community"?

More basically, is "community" a designator of a lack of autonomy in a
state legal system? Does a "Catalan community" only exist as a
minority dominated by the Madrid government, and will the "Catalan
community" cease to exist, if and when, regional autonomy is devolved
from Madrid to Barcelona?

I suggest that if we understand "community" to necessarily exclude any
collection of parties holding common interests which have acquired
enduring access to public policy we will (a) be assuming a significant
burden -- distinguishing states from non-states, and (b) restricting
the adoption of registries with registration policies unlike COM to
applicants lacking enduring access to public policy anywhere.

I suggest that the public health community in Canada did not cease to
exist when the antecedent to Health Canada was formed, nor did the
public health community in the United States and Puerto Rico cease to
exist when An Act for the relief of sick and disabled seamen was
passed by the 5th Congress in 1798. Nor did they cease their continued
existence, as communities with enduring access to public policy, when
the Pan American Sanitary Bureau was formed in 1902. Nor did they
cease their continued existence, as communities with enduring access
to public policy,in 1907, with the formation of the Office
International d'Hygiene Publique, or with the subsequent formation of
the League of Nations Health Organization.

I suggest that these same communities continue to exist in the
present, and are not harmed, except in the formulation you've
proposed, by their continuous re-creation of the means of cooperation,
institutionalized in part as the World Health Organization.

I accept, as a possibility, that an IGO exists which does not suggest
a community in the sense that we've developed since the San Juan
meeting, but find the reduction you've offered -- "An IGO does not
count as Community" -- amounts to an assertion of the primacy of
private speculators over public investors in the growth in use and
utility of the DNS by the public, in particular, the use of
identifiers related to public health.

Again, I share your process view that abandonment of discussion on
na-discuss is an abandonment of responsibilities.


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