[AusNOG] Govt wants ISPs to record user history

[Richard Bayliss]

I'm no lawyer, but I did have a look at the EC directive which was mentioned in the zdnet article. 

There seemed to be several protections for service providers built into the document:

"(23) Given that the obligations on providers of electronic communications services should be proportionate, this Directive requires that they retain only such data as are generated or processed in the process of supplying their communications services. To the extent that such data are not generated or processed by those providers, there is no obligation to retain them. This Directive is not intended to harmonise the technology for retaining data, the choice of which is a matter to be resolved at national level.

[..]

"Art 1, 2. This Directive shall apply to traffic and location data on both legal entities and natural persons and to the related data necessary to identify the subscriber or registered user. It shall not apply to the content of electronic communications, including information consulted using an electronic communications network.

[..]

"Art 5, 2. No data revealing the content of the communication may be retained pursuant to this Directive."

(http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2006:105:0054:0063:EN:PDF)

I would assume that the Australian industry would highlight the need for something similar in anything proposed by the government.

Cheers
Rich



On 11/06/2010, at 2:09 PM, Tom Wright wrote:

I acknowledge the IIA's suggestion to "engage not only with 
the industry..." - but I find that notion particularly hard to take
seriously.

Looking back over the government's track record of 'engaging' with
our industry would suggest that they'll be quick to censor any 
dissenters and alienate everyone in the process.

... and then just to show their support, they'll notionally withdraw 
support for one of the successful gems of the IT industry in favour 
of an expensive, bureaucratic monolith.

Have the ALP lost their minds?


-- Tom


On 11/06/2010, at 12:56 PM, Brad Gould wrote:

> Of course if they were serious about stopping all the "bad stuff" 
> they'll introduce the same legislation to apply to snail mail and 
> telephone calls.
> 
> /end snark
> 
> Its clearly unacceptable.  And technically infeasible.  What sort of 
> labour think tank and focus groups are ok with these ideas?  The mind 
> boggles.
> 
> Brad
> 
> 
> 
> 
> 
> On 11/06/2010 12:27, Peter Childs wrote:
>> 
>> If they really want this stuff why don't they just ask google...  sheesh...
>> 
>> On 11/06/2010, at 12:24 PM, Arkady Gundroff wrote:
>> 
>>> Makes me wonder who will wear the cost of retaining said data, let alone making the API and paying for the interconnects to the BigBr^H^H^H^H^H government.
>>> 
>>> 
>>> -----Original Message-----
>>> From: ausnog-bounces at lists.ausnog.net [mailto:ausnog-bounces at lists.ausnog.net] On Behalf Of Sean K. Finn
>>> Sent: Friday, June 11, 2010 12:50 PM
>>> To: 'Rob Byrnes'; 'ausnog at ausnog.net'
>>> Subject: Re: [AusNOG] Govt wants ISPs to record user history
>>> 
>>> Next they'll want an API so they can interact with the records and change them as necessary...
>>> 
>>> I wonder if that's the next step.
>>> 
>>> -----Original Message-----
>>> From: ausnog-bounces at lists.ausnog.net [mailto:ausnog-bounces at lists.ausnog.net] On Behalf Of Rob Byrnes
>>> Sent: Friday, 11 June 2010 12:45 PM
>>> To: ausnog at ausnog.net
>>> Subject: [AusNOG] Govt wants ISPs to record user history
>>> 
>>> http://www.zdnet.com.au/govt-wants-isps-to-record-user-data-339303785.htm
>>> 
>>> Not only will there be a firewall to contend with, but possibly a data
>>> retention policy ... where's that book I was reading ... by some bloke
>>> called Orwell.
>>> 
>>> Any members of this list been contacted for "discussion"?
>>> 
> 
> -- 
> Brad Gould, Network Engineer
> Internode
> PO Box 284, Rundle Mall 5000
> Level 5, 162 Grenfell Street, Adelaide 5000
> P: 08 8228 2999  F: 08 8235 6999
> bradley at internode.com.au; http://www.internode.on.net/
> _______________________________________________
> AusNOG mailing list
> AusNOG at lists.ausnog.net
> http://lists.ausnog.net/mailman/listinfo/ausnog

-- 
Kind Regards,

Tom Wright
Internode Network Operations
P: +61 8 8228 2999
W: http://www.internode.on.net

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