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The May 2018 implementation of the European Union's General Data Protection Regulation (GDPR) was a win for online privacy advocates, particularly with the “right to be forgotten” — the GDPR's declaration that European Union citizens can request to pull their data from online hosting.
But there's one area that some attorneys say the increased privacy has resulted in making their lives harder: Internet domain hosting. Since the GDPR's implementation, the “WHOIS” service by which the general public could search registration information, including names and contact info, has been largely in a state of flux. It's now even tougher to find information, attorneys who work with domain registration say, which could concern entertainment and intellectual property holders who want to go after infringing websites.
Missing WHOIS information has always been a problem; there are few enforcement mechanisms to ensure that people who sign up for a website actually disclose correct information. The regulating nonprofit organization ICANN (The Internet Corporation for Assigned Names and Numbers) reported this year that inaccurate WHOIS complaints accounted for more than 60 percent of informal complaints filed with registrars between June 2017 and June 2018.
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This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
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