[AusNOG] From the AGD - Data Retention - Starts October 15 2015

Justin Clacherty justin at redfish.com.au
Tue Jun 16 13:07:00 EST 2015


No Noel, I think you've misinterpreted the AGD's response.

You are only obligated to retain data if you fall under 187A 3(b) of the 
Act. That is, you are a carriage service provider, or an ISP. The 
Minister can add other providers to be ratified within 40 days by 
Parliament, but this has not yet occurred.

If you do fall under 187A 3(b) of the Act. Then you have to retain data 
for all services you offer, this would include web hosting and email.

If you only offer web hosting, you are not an ISP and do not have data 
retention obligations.

Justin.


On 16/06/2015 9:24 AM, Noel Butler wrote:
>
> So I dont repeat myself, cause I really f'in hate that, this will be 
> the last reply at least until I get past the 40 odd still sitting in 
> my inbox :)  see my previous "it doesnt mater who you are, if you 
> provide Email, you must comply." because it is treated separately from 
> if your SP or not.
>
> On 10/06/2015 15:07, Paul Brooks wrote:
>
>> On 10/06/2015 10:16 AM, Noel Butler wrote:
>>>
>>> On 10/06/2015 10:10, Joseph Goldman wrote:
>>>
>>>     From reading those pages it seems to indicated source,
>>>     destination, time and type of the communication. Perfect job for
>>>     this appears to be netflow data - netflow itself holds a lot
>>>     more information that may not be necessary but it seems to be
>>>     the best way to pull that information at a quick glance, no?
>>>
>>> That is for voice, read it carefully. Yes for voice they want to 
>>> know from and to, but for internet, only who has what IP at what 
>>> time and their life story including payment history and a total, I 
>>> guess monthly, of that users used quota, a one line per month total 
>>> entry in a DB, which one assumes is in your billing system already 
>>> anyway, they certainly do not want to know how many times you logged 
>>> onto twitter or youtube or if you ever visited watchingthegrassgrow.com
>>>
>>
>> What Noel said.
>>
>> Note also that 'source' and 'destination' addresses or identifies are 
>> relative to the service under consideration. If you are working out 
>> your obligations for a VoIP service, then source and destination are 
>> telephone numbers or SIP addresses. Just as would appear in your SIP 
>> logs.
>> If you are thinking about email, then source and destinatation are 
>> email addresses. Now, if you also know IP address (which you might do 
>> for an email source address, coming from one of your own users) then 
>> you include that. For destination email its highly unlikely you'll 
>> have any idea what the destination's IP address will be, especially 
>> after its been relayed a few times - so you don't need to include it 
>> if you don't know it.
>>
>> For basic Internet Access service, then its essentially whats in 
>> RADIUS logs. Date/time the connection came up, when it dropped, the 
>> IP addresses you allocated to it (static or dynamic), and account 
>> information for the account holder. Maybe traffic volume bytecount 
>> for the session.
>>
>>
>>
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