[AusNOG] Welcome to Metadata Retention

[Paul Wilkins]

Shaun,
Per my reading, if you provide termination at the physical or data link
layer, you are providing a listed carriage service. If you provide an IP,
it's doubtful but arguable you are providing a listed carriage service.
Content providers are not within the scope of the bill, and not subject to
the metadata requirements.

For clarity, the Minister for Communications (Turnbull) administers the
Broadcasting Services Act which the bill is relying on to define 'internet
service provider' (under section 5 of the Broadcasting Services Act 1992).
I'd suggest you ask him directly. The Minister also has the power to
declare you a listed carriage service provider, if you provide a listed
carriage service (as defined Telecommunications Act 1997).

I'm not a lawyer, and don't claim any legal expertise. If your business
depends on an understanding of the new legislation, seek legal advice, and
the advice of the Dep't of Communications.

Paul Wilkins

On 28 February 2015 at 09:43, Shaun McGuane <shaun at rackcentral.com> wrote:

>  Thanks Paul – appreciate the confirmation.
>
>
>
> The way I am reading it is that you don’t have to necessary be a
> registered carrier to be classed
> as a service provider. Which means anyone selling web hosting ie – my
> clients would be required
>
> to comply?
>
>
>
> To clear up confusion from PaulC – RackCentral is not a web hosting
> provider, we sell colocation
> and cloud services – we have customers who are web hosting providers and I
> know that they are
> not all informed about what is happening in the industry, which is why I
> reached out to ask some
> questions.
>
>
>
> For everyone else let’s not make this a bashing thread, let’s keep it on
> topic I am sure Mark
> did not mean to come across abrupt. He should just take on board that
> everyone can enter a
> discussion at any time and they should not be chastised for it.
>
>
>
> Regards
>
> Shaun
>
>
>
>
>
> *From:* AusNOG [mailto:ausnog-bounces at lists.ausnog.net] *On Behalf Of *Paul
> Wilkins
> *Sent:* Saturday, 28 February 2015 3:49 AM
> *To:* ausnog at lists.ausnog.net
> *Subject:* Re: [AusNOG] Welcome to Metadata Retention
>
>
>
> Shaun,
>
> To answer your question, the bill applies to carriers, and carriage
> service providers, as defined in the Telecommunications (Interception and
> Access) Act, 1979, and to service providers, as defined in the Broadcasting
> Services Act 1992, but does not apply to broadcasters.
>
> (ianal)
>
> Paul Wilkins
>
>
>
>
>
> On 27 February 2015 at 18:10, Shaun McGuane <shaun at rackcentral.com> wrote:
>
>  Hi Gents,
>
>
>
> A quick question on this one.
>
>
>
> 1.       What is the definition of service provider?
>
> Is this only a requirement for licensed carriers or does it extend through
> the little guys
> in hosting at the end of the food chain?
>
> Regards
>
> Shaun
>
>
>
>
>
>
>
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