20(e) Provide a description of the applicant's intended registration policies in support of the community-based purpose of the applied-for gTLD

Prototypical answer:

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.

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