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You need to talk to a lawyer. You shouldn't be taking what the AGD
says as gospel.<br>
<br>
Justin.<br>
<br>
<br>
<div class="moz-cite-prefix">On 19/07/2015 6:00 pm, Noel Butler
wrote:<br>
</div>
<blockquote cite="mid:1f1ad5861d1ea2c9dda128c9bb13c581@ausics.net"
type="cite">
<p><em>Data retention obligations apply only to ‘relevant
services’. A service is a ‘relevant service’ if:</em><br>
<em>(a) It is a service for carrying communications, or enabling
communications to be carried,</em><br>
<em>(b) It is a service operated by a carrier, carriage service
provider or internet service provider, and</em><br>
<em>(c) The person operating the service owns or operates, in
Australia, infrastructure that enables the provision </em><br>
<em> of any of its relevant services.</em><br>
<br>
<em>Based on the information you have provided, including the
knowledge that you offer an email service, it is likely </em><br>
<em>that you are a CSP. The definition of a carriage service
provider (CSP) is contained within s87 of the </em><br>
<em>Telecommunications Act 1979. Carriage services include
services for carrying communications, for example telephone </em><br>
<em>services, email services, Internet access services and Voice
over Internet Protocol (VoIP) services.</em></p>
<p><em>The services that you have mentioned in your email, being
the Usenet news server and the email server, are to be </em><br>
<em>considered as two separate services for the purpose of data
retention.</em></p>
<p><em>The email server you have described will likely be captured
by data retention obligations unless an exemption is </em><br>
<em>sought and agreed to. In applying the data set to an e-mail
service, data retention obligations will include all </em><br>
<em>information contained in the ‘header’ of the email,
excluding the subject line. No content is to be retained for </em><br>
<em>data retention purposes.</em></p>
<p><em>Based on the information you have provided, we consider
that UseNet does not appear to be a ‘relevant service’. </em><br>
<em>If the service is not considered a relevant service then no
data retention obligations will be applicable.</em></p>
</blockquote>
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