[AusNOG] Metadata retention... it's now (almost) a thing

[Mark Newton]

On Oct 31, 2014, at 9:32 AM, Noel Butler <noel.butler at ausics.net> wrote:

> On 30/10/2014 12:30, Mark Newton wrote:
>> According to AFP Commissioner Colvin this morning, the initial set of data carriage service providers will be required (not "asked") to keep will be the minimum set of data the copyright rightsholders industries will need to manage and control their businesses. So that's pretty great then, eh?
> 
> 
> I think you'll find he's overstepped the mark, as we both know, copyright infringement is a civil mater not criminal,

Turnbull made it perfectly clear this morning that any data in a carriage service provider’s data retention repository will be available for subpoena under civil discovery.

> and the new bill makes it pretty clear access to the data can only be for criminal investigations,

No, the new bill makes it pretty clear that access without a direction from a court can only be instigated by law enforcement agencies.

If you’re a carriage service provider and Village Roadshow lands a subpoena on you, you don’t seriously think that you’re going to ignore a court order, do you?

   - mark