[AusNOG] LAW REVIEW - Data Retention for Content Service, Providers and Hosting Service Providers

[Chad Kelly]

On 8/27/2015 1:21 PM, Mark Newton wrote:
> On Aug 27, 2015, at 12:53 PM, Chad Kelly <chad at cpkws.com.au> wrote:
>> On 8/27/2015 11:25 AM, ausnog-request at lists.ausnog.net wrote:
>>> Data Retention Issues
>>> We are confident that Intervolve will not presently be caught by the legislation as drafted.  We have also had a look around for any hints as to future declarations. Estimating costs is extremely difficult should such a declaration ever be made.  We have used the estimate from PwC that were given to the government to give some sort of guidance. We have also included guidance on creating a data retention plan.
>>> Do the metadata retention laws apply to Intervolve?
>> Have you spoken to the AGD directly?
>> Your advice in this review is similar to the advice i've been given by a few other hosting providers. But the advice through the AGD and the CAC varies considerably.
> It doesn’t matter what AGD and CAC thinks, it matters what the legislation says.
>
>> Long story short, the latest FAQ doesn't  seam to exclude hosting providers at all, in fact it seams to include both hosts and resellers of infrastructure and both providers with and without their own networks.
> That’s because we’re eight years into this process and AGD still doesn’t clearly distinguish the difference between (a) an ISP, (b) a hosting provider, and (c) an ISP who provides hosting services.
>
> Data retention affects (a) and (c), not (b). As Sir Humphrey said, “It’s a question of hats."
>
> I’ve just expressed that in two sentences, an ability which appears to elude the rocket scientists at AGD.
>
>

They sent a 500 page document with the legislation and the FAQ from July 
is pretty lengthy as well.
To make this stuff enforceable you need to have clear definitions and 
clear explanations.
Given the lack of clarity in any of the industry documents, it does not 
help.
Its not specific enough and given that most large ISps resell web 
hosting services from the likes of Melbourne IT it makes it difficult.
It doesn't exclude resellers specifically.





-- 
Chad Kelly
Manager
CPK Web Services
web www.cpkws.com.au
phone 03 9013 4853