Pharmacy Group Lies To Registrars: If We Complain About A Site, It Must Be Taken Down No Questions Asked

from the that's-not-how-it-works dept

This is incredible. Just yesterday we wrote about how EasyDNS won its arbitration case, saying that a registrar cannot takedown and block the transfer of a domain name just on the say so of law enforcement or anyone else not carrying a court order. And, the very next day, EasyDNS is reporting on an absurd letter it has received from the National Association of Boards of Pharmacy, which argues exactly the opposite of what the arbitration panel told EasyDNS.

Incredibly, it says that if it complains about a domain, the registrar must take it down:

"Upon receipt of an abuse notification, some Registrars claim that a court order is required or that they are not violating the laws of the Registrar’s country. Both assertions are wrong."

Except, as EasyDNS points out, the arbitration ruling says that it's the NABP that's wrong, and that a court order is required. Similarly, the NABP claims that registrars must freeze the domains, even without a court order.

You should not allow domain names engaged in the illegal sale or distribution to transfer to another Registrar: the question of legality does not relate to where the Registrar is located, but rather to the activity of the Web site.

But, again, the arbitration ruling, which merely read from ICANN's own rules, says the exact opposite -- noting that you clearly need a court order

The NABP also tries the same direct misreading of ICANN's rules that Public Domain Registry used, to pretend that "fraud" is a reason to deny transfer, but as the arbitration ruling found, that claim is simply incorrect. The "fraud" referenced in the rules is only fraud concerning transfers not fraud in terms of what the website was used for.

There's much more in the letter as well. There is some history here. The NABP is basically an organization designed to artificially inflate the price of drugs in the US, cynically using highly questionable claims to pretend that they're focused on "public safety." For years, the NABP has worked hard to keep legitimate but cheaper versions of drugs outside the US, so that US pharmacies (and the drug companies they work with) can charge increasingly insane prices for drugs. Because they can use the specter of "fake drugs killing people!" they're able to do all sorts of nasty attacks on foreign pharmacies that are selling perfectly legitimate drugs to willing buyers, by claiming that they put people's lives at risk.

And, now, it appears they're going even further in trying to basically create a "SOPA-like" setup, whereby registrars are required to pull down any domain based solely on NABP's say so without any judicial review at all. The fact that this is happening at the same time that City of London Police are doing the same exact thing (at the urging of the legacy music/movie industries) isn't an accident. While the supporters of SOPA insist that there's no new legislation coming, they're all trying to do an end run around all of it, creating something that's even more extreme than SOPA by getting registrars to simply kill sites they don't like based on nothing but a complaint.

EasyDNS's Mark Jeftovic says it all in his blog post about it, noting that this is why they fought back against COICA/SOPA/PIPA:

It really is getting creepy out there.

We now know that we live in a total surveillance society, governments are printing money, going broke, manufacturing consent and lying about nearly everything; while quasi-governmental agencies all over the world are now asserting they have the authority to overturn legal process and basically dictate everybody else's business.

This script is playing out almost verbatim what we wrote only three years ago in "First They Came For The File Sharing Domains".

Who will be the next batch of clowns who tell us they can use liberally interpreted language in a couple of agreements that they aren't even party to to compel us to takedown your website? Let's start a betting pool.

This is why pushing back and standing up for internet freedom is so important. The attempts to control, to censor, to block and to silence are only increasing. The legacy players who can't stand competition or innovation are looking for any way to hold back the future, and that means attacking the public's ability to make use of the internet and to speak freely.

Filed Under: censorship, domains, mark jeftovic, registrars, takedowns
Companies: easydns, icann, nabp

Stopping Big Pharma From Using New .pharmacy Domain To Block Legal Pharmacies They Don't Like

from the speak-up dept

A few months ago, we wrote about how Big Pharma -- a collection of the largest pharmaceutical companies -- has been trying to get the .pharmacy generic top level domain from ICANN. The whole idea, of course, is actually to use it to block legitimate pharmacies that offer reimportation of drugs at cheaper prices. As you hopefully know, pharmaceuticals jack up the prices for Americans, and you can often get the exact same drugs from Canadian pharmacies. In fact, some US politicians -- including President Obama -- have supported this "reimportation" or "parallel importation" as a way to reduce the costs of healthcare.

But Big Pharma loves to conflate legitimate Canadian pharmacies with "rogue pharmacies" that sell either counterfeit drugs or just fake drugs. Of course, some studies have shown that much of the product from "rogue pharmacies" is actually genuine (killing off your customers isn't good business...), but the legal Canadian pharmacies still have a much higher level of legitimacy. And the pharmaceutical companies hate that, because they like their monopoly pricing.

RxRights, an organization that represents many of those Canadian pharmacies who are helping Americans get more affordable medicines so they can, you know, stay alive, has put together a petition asking ICANN not to support Big Pharma's digital landgrab.

Due to the applicant's history of actions positions, we have little doubt that, if approved, NABP will prevent safe, regulated and licensed Canadian and other international online pharmacies from registering domains in the .pharmacy gTLD. Such an action would block trusted distance care providers from utilizing the gTLD that global consumers will come to regard as a mark of authenticity for safe medication.

Large pharmaceutical companies and NABP---member U.S. pharmacies oppose personal importation because Americans can obtain identical, legitimate, but lower cost prescription medications through licensed online pharmacies domiciled outside the U.S. This opposition is significant in light of the fact that U.S. pharmaceutical companies have largely funded NABP's application for .pharmacy. Further, NABP uses funding from pharmaceutical companies and U.S. pharmacies for its programs and activities. We believe that it is an inherent conflict of interest. Through its .pharmacy application, NABP seeks to control access to affordable medication not just for Americans but for all global consumers with an Internet connection.

Large pharmaceutical firms seek to keep drug prices high for as long as possible through a combination of dubious and aggressive tactics, including regional differential pricing arrangements and payments to prevent the availability of lower cost generics. Their backing of the .pharmacy application seeks to extend these inflated pricing measures to the Internet retail sector.

The .pharmacy gTLD must be operated in a manner that ensures that this unique global Internet resource provides benefits to all consumers seeking access to safe and affordable medicines no matter where they reside. ICANN must act in the global public interest by ensuring that NABP cannot endanger hundreds of thousands of lives through control of .pharmacy. A fully inclusive advisory board that includes legitimate online pharmacies and consumer groups from around the world should set the registration policies for .pharmacy.

The problem of drug affordability is a global issue. Within the U.S., unique among wealthy nations, it is dire--the Commonwealth Fund reports that 50 million Americans chose not to fill a prescription last year because of high U.S. costs. If NABP's .pharmacy application is approved, access to affordable medicine will be further restricted through the denial of domain registrations to licensed and regulated providers of lower cost prescription drugs, compounding this public health crisis.

Please don't let that happen.

Filed Under: big pharma, drugs, icann, parallel importation, pharmaceuticals, reimportation, rxrights, top level domains
Companies: icann, nabp

Big Pharma Firms Seeking .pharmacy Domain To Crowd Out Legitimate Foreign Pharmacies

from the killing-the-grey-market dept

For years, we've noted that the big drug companies like to conflate legitimate foreign pharmacies (often based in Canada) that sell back into the US (the so-called "reimportation" or "parallel import" market) at cheaper prices with out and out bogus or counterfeit online pharmacies. The drug companies like nothing better than when people lump the two very different beasts together and label them all as "counterfeit." Of course, for many Americans, relying on cheaper legit drugs from Canada is the only way they can survive, and there have been efforts made at times by US politicians -- including President Obama -- to support more parallel importation to ease the high cost of drugs in the US.

However, there's an interesting tidbit coming out in the ongoing battles over new top level domains. It appears that the National Association of Boards of Pharmacy is seeking a .pharmacy domain, which (obviously) they would then only bestow upon pharmacies that they like. That could be a big issue, because it's likely they wouldn't allow that for certain Canadian pharmacies and other foreign legitimate pharmacies that may offer cheaper drugs. Both Demand Progress and Public Citizen recently filed comments with ICANN about why NABP should not be allowed to control .pharmacy.

From Public Citizen's filing:

Granting the .pharmacy domain to NABP would confer legitimacy on pharmacies sanctioned by NABP, to the detriment of those that are not.

NABP has proposed an unfair standard that would bar online pharmacies that serve US consumers but are located outside of the United States from using the domain (see NABP’s application at Section 18(a) IV*). This would exclude many licensed pharmacies which offer American consumers low-cost medicines of quality.

Whether a pharmacy is located in the United States does not determine whether a pharmacy is licensed and provides medicines of quality.

Consumer access to medicines depends in significant part on price and competition. It would be inappropriate to allow NABP to control such an important gTLD while it maintains exclusionary plans for the domain, which work against the consumer interest in a robust market of quality affordable pharmaceuticals.

And, from Demand Progress's filing:

The pharmaceutical industry has prioritized trying to shut down legitimate pharmacies selling safe Canadian drugs to U.S. consumers (as currently allowed by the U.S. Food and Drug Administration). But their tactics to achieve these anti-consumer goals involve censorship regimes allowing government seizure of domains, blacklists of sites, or suspended hosting services for legitimate competitors.

NABP supporters have justified their actions by preying on consumer fear of counterfeiters, when their real goals include shutting down sites providing cheaper legitimate drugs. Pfizer joined the assault on the Net in 2011, testifying to Congress that: "The major threat to patients in the U.S., however, is the Internet..." ...

NABP's supporters define "fake pharmacies" as those not registered with VIPPS, rather than only those selling actual counterfeit goods.

The Demand Progress comment also points out how the big pharmaceutical companies supported SOPA and PIPA, since they knew that it, too, would be useful to use as a sledgehammer against foreign online pharmacies that sold legitimate drugs back into the US.

Filed Under: .pharmacy, big pharma, canada, drugs, grey market, parallel imports, reimportation, tlds, top level domains
Companies: icann, nabp