[AusNOG] Data retention

[Paul Brooks]

On 13/10/2015 12:47 PM, Peter Fern wrote:
> On 10/13/2015 12:45, Paul Brooks wrote:
>> On 13/10/2015 12:19 PM, Damien Gardner Jnr wrote:
>>>
>>> On 13 October 2015 at 12:16, Peter Fern <ausnog at 0xc0dedbad.com
>>> <mailto:ausnog at 0xc0dedbad.com>> wrote:
>>>
>>>     On 10/13/2015 12:07, Damien Gardner Jnr wrote:
>>>     >
>>>     > It occurs to me that if folks were latency-sensitive, it would be a
>>>     > simple matter to find an overseas company who has .au endpoints?
>>>     > There are plenty around -  ExpressVPN, PureVPN, BlackVPN, Overplay,
>>>     > and VPNSecure come to mind quickly.
>>>
>>>     But then they're subject to data retention...
>>>
>>>  
>>> How do you figure that? A US company (especially one who is only providing VPN
>>> services, so is not an ISP) is not subject to data retention..?
>>
>> Are you sure about that?
>> I'm not convinced the nationality of the company is relevent. A US company that
>> provides a VPN service (a relevent service) from infrastructure it owns or operates
>> physically located in Australia, would be subject to data retention requirements
>> for that server in Australia *and arguably every other server on the globe that
>> provides the VPN service.*
>
> Nationality is not relevant, but unless you qualify as a Carrier or CSP you're not
> eligible.
...and you qualify as a CSP by providing a communication service - or even by just
reselling somebody else's communication service. Or are you arguing that a VPN isn't a
communication service? The definition of what makes you a CSP in the Telco Act is
fairly broad - and you don't have the luxury of self-declaring whether you are or not.

Paul.




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