[AusNOG] metadata conference on SkyNews

John Lindsay johnslindsay at mac.com
Tue Aug 12 10:11:59 EST 2014


Any new obligation on carriers and service providers should be subject to Section 51 of the Constitution which implies that government should compensate them for the costs. 

This is a new obligation so the LI cost arguments don't really apply. 

A well funded service provider might run a high court challenge. Wouldn't that be fun to watch?

John Lindsay

> On 12 Aug 2014, at 9:36 am, Ross Wheeler <ausnog at rossw.net> wrote:
> 
> 
> 
>> Now the cost of making that 10 days, say 2 years is partly if not fully recoverable, because every time a valid request is received, the ISP can charge the Agency ‘a reasonable fee’ for recovering that information.
> 
> Except that we (ISPs) need to foot 100% of the bill on the "off chance" someone will later ask for the data.
> 
> In 19 years I've had a handful of requests for such information.
> None of them came with the required paperwork - it was just Mr Plod turned up, unannounced and wanted information - was sent away to get the requesit paperwork, and never returned.
> 
> If they want us to keep the data that THEY MIGHT WANT but that WE would otherwise NOT KEEP, then I say they can damn well provide the disks and contribute something towards the costs BEFORE implementation, not "possibly, after the event, maybe"
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