[AusNOG] Legal Challenge To Meta Data Laws

[Noel Butler]

I know this is 10 days old, but please, if replying to me, reply via 
LIST, and not directly, since most lists do not send a  list copy if 
they see a direct email in headers, and this is my list address, hence 
non list based mail ends up in "Junk", and I only bother looking in 
there whenever I'm bored, like 10 days or more later :)


On 20/09/2015 13:49, Ross Wheeler wrote:
>>> It has nothing to do with an ability to identify and enforce the Act,
>>> it has to do with the wording of the legislation.
> 
>> The CAC we hope makes their determinations based on the legislation
> 
> Hope, sure.... but rely??
> 

It's just another law, you don't see them charging people for murder 
because one cop thinks the guys a dickhead and doesn't like him, its the 
same thing they make determinations based on whats in law, if you 
disagree and ignore it (just like proving murder), you'll get your court 
date to say why, and maybe the court will side with you, I dont have 
deep enough pockets at this stage to test it out :)


> 
>> some here, like myself have been told Email must be retained 
>> regardless of if your an ISP/Webhost if your storage is in Australia
> 
> Then they've been advised wrongly. Also, ISP != Webhost.
> You can be an ISP without being a webost (although few are)
> You can be a webhost withoug being an ISP (under the act)

If you look at the Telecommunications Act, yes, webhost = ISP, I beleive 
I already long ago in this or similar thread pointed out the relevant 
sections that lead to this, however, the BSA does differ, and this is 
the only possible way the AGD may come undone, because they refer to BSA 
definitions, but dont think they wont soon realise this if teh court 
agrees with you, that loophole will quickly be closed.

> 
> 
>> everyone will read it the way they want Mark, clearly like you do
> 
> Reading it "the way you want" doesn't necessarily make that
> interpretation right however.

True, but it doesnt not make it so either. as already discussed, the AGD 
CAC makes a decision, we have without deep pockets no alternative but to 
abide.