[AusNOG] Welcome to Metadata Retention

[Kai]

How appropriate :P
http://junkee.com/people-are-ccing-george-brandis-into-all-their-emails-because-data-retention-means-hell-read-them-anyway/52190

----- Original Message -----
From: "Matt Perkins" 
To:
Cc:
Sent:Mon, 02 Mar 2015 14:38:59 +1100
Subject:Re: [AusNOG] Welcome to Metadata Retention

 Here's some amusing irony on news.com.au

 http://www.news.com.au/technology/wickr-app-the-snapchat-for-grown-ups-that-federal-politicians-are-using-to-secretly-discuss-leadership/story-e6frfrnr-1227244506733

 On 2/03/2015 2:35 pm, Mark Newton wrote:
 > On Mar 2, 2015, at 2:51 AM, Paul Wilkins  wrote:
 >
 >> The fundamental qualifier is whether you provide a 'carriage
service', as defined by the Telecommunications Act, 1997. (The
Broadcasting Services Act relies on the definition in the Telco Act).
 >> […]
 >> If you don't touch the physical or data link layers, the bill may
or may not apply, subject to interpretation and legal argument. It's
not clear if a communication at the IP layer is to the opposite IP
(which arguably requires transmission by electromagnetic energy). Then
again, IP doesn't deal with electromagnetic radiation, so perhaps not,
but I wouldn't think this a strong argument.
 > The only issue in the Telecommunications Act which turns on the
transmission of electromagnetic energy is whether or not you’re a
carrier.
 >
 > You can be a carriage service provider without being a carrier.
 >
 > Every ISP is a carriage service provider, even though most of them
don’t touch the physical or data link layers. If you try to use
“interpretation and legal argument” concerning lack of contact
with physical and data link layers as a reason to evade regulations
pertaining to carriage service providers, the regulator will laugh at
you and regulate you anyway, because the regulations were written by
people who don’t know or care what a physical layer or data link
layer is.
 >
 >
 > - mark
 >
 >
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 > AusNOG at lists.ausnog.net
 > http://lists.ausnog.net/mailman/listinfo/ausnog

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