[AusNOG] Welcome to Metadata Retention

[Shaun McGuane]

Hi Paul,

Thanks for clarification.

Most appreciated.

Regards
Shaun


From: AusNOG [mailto:ausnog-bounces at lists.ausnog.net] On Behalf Of Paul Wilkins
Sent: Saturday, 28 February 2015 4:28 PM
To: ausnog at lists.ausnog.net
Subject: Re: [AusNOG] Welcome to Metadata Retention

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<mailto: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<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<mailto: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<mailto: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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