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EU Should Not Be Setting US WHOIS and Privacy Policy, Says MPAA

The Motion Picture Association of America (MPAA) in its recent submission to the National Telecommunications and Information Administration (NTIA) has raised a stern objection regarding ICANN's attempt to adhere to the EU's General Data Protection Regulation (GDPR), stating that the temporary specification had gone "well beyond what the GDPR mandates." From the submission: "The European Union should not be setting U.S. WHOIS and privacy policy. Moreover, with growing concerns over illicit behavior on the internet, now is the time to increase online transparency, accountability, and trust — not diminish it. The MPAA, therefore, asks that the federal privacy approach prioritize efforts to ensure that certain basic WHOIS information remains publicly available and that any information that the GDPR does require to be removed from public access still be available to third parties with legitimate interests through a reasonable, timely, and effective process. Such efforts should include Administration support for solutions through the multistakeholder process, for ICANN assumption of WHOIS under a unified access model, for WHOIS access requirements in trade agreements, and for federal legislation requiring registrars and registry operators to continue providing lawful access."

But ICANN cannot be faulted for being overly conservative to avoid violating GDPR, which can lead to fines of up to four percent of an entity’s annual global revenue, says Alan Behr, a partner at Phillips Nizer. (via IPPRo)

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