[AusNOG] Fwd: Ten questions about metadata retention

Skeeve Stevens skeeve+ausnog at eintellegonetworks.com
Thu Aug 7 16:13:41 EST 2014


Yes, I am talking about 'now', not what may come in.  But, whatever does
come in, I would be suggesting that ISPs keep as minimum as they need to
operate.  Anything more can be asked for and used against your
customers/you/etc.


...Skeeve

*Skeeve Stevens - *eintellego Networks Pty Ltd
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On Thu, Aug 7, 2014 at 3:58 PM, Ross Wheeler <ausnog at rossw.net> wrote:

>
>
>  If you don't need it, don't even keep it.  No one can ask you for anything
>> if you don't have it.
>>
>
> I'm not sure that that's actually completely right.
> If they enact legislation that requires you to keep it, even if you don't
> (currently) do so, you will be REQUIRED to do so in the future.
>
> IANAL, so this is my understanding - where they may CURRENTLY come and
> "ask you" for (for example) proxy logs, if you don't keep them, there is no
> requirement to provide them. If you DO have them, but refuse to provide
> them (or destroy them rather than hand them over) - assuming of course you
> have been presented with a suitable legal instrument - then you ARE
> breaking the law.
>
> It's still conjecture as to what they may require, and how they will go
> about enacting any requirements... but I very much doubt your "Oh, we don't
> keep any of that" argument will wash.
>
>
>
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