[AusNOG] From the AGD - Data Retention - Starts October 15 2015

[Noel Butler]

wow missed so much in my absence, there is way too many posts to catch
up on and no doubt the fanbois/fangirls will all be scrambling to
dispute what I said (like I'm sure the usual suspects will at this post
as well), so I wont bother catching up on all of em. 

This is from the C.A.C. it does clarify that what the AGD told me
earlier is incorrect as far as the usenet server goes, but the hosting
statements remain valid 

_Data retention obligations apply only to 'relevant services'. A service
is a 'relevant service' if:_
_(a) It is a service for carrying communications, or enabling
communications to be carried,_
_(b) It is a service operated by a carrier, carriage service provider or
internet service provider, and_
_(c) The person operating the service owns or operates, in Australia,
infrastructure that enables the provision _
_ of any of its relevant services._

_Based on the information you have provided, including the knowledge
that you offer an email service, it is likely _
_that you are a CSP. The definition of a carriage service provider (CSP)
is contained within s87 of the _
_Telecommunications Act 1979. Carriage services include services for
carrying communications, for example telephone _
_services, email services, Internet access services and Voice over
Internet Protocol (VoIP) services._ 

_The services that you have mentioned in your email, being the Usenet
news server and the email server, are to be _
_considered as two separate services for the purpose of data retention._


_The email server you have described will likely be captured by data
retention obligations unless an exemption is _
_sought and agreed to. In applying the data set to an e-mail service,
data retention obligations will include all _
_information contained in the 'header' of the email, excluding the
subject line. No content is to be retained for _
_data retention purposes._ 

_Based on the information you have provided, we consider that UseNet
does not appear to be a 'relevant service'. _
_If the service is not considered a relevant service then no data
retention obligations will be applicable._ 

The Dept of Comms has confirmed that as a hosting provider we are
classified as a CSP. 

So after that, if you, or anyone expect me to take the word of a bunch
of mailing list "bush lawyers" over the CAC, you're all clearly on some
kinda weird and wonderful drugs, and no amount of "bush laywer"
ignorance will change that 

Don't think for a moment I'm a proponent of this law - I'm far from it,
but its a reality, so time to get your heads out of your arses and live
with it, rather than trying to find far flung reaches of piss poor
excuses as to how you're not going to have to comply, ignorance wont
save you, or your employers. 

Enjoy your weekend 

On 16/06/2015 13:07, Justin Clacherty wrote: 

> No Noel, I think you've misinterpreted the AGD's response.
> 
> You are only obligated to retain data if you fall under 187A 3(b) of the Act. That is, you are a carriage service provider, or an ISP. The Minister can add other providers to be ratified within 40 days by Parliament, but this has not yet occurred.
> 
> If you do fall under 187A 3(b) of the Act. Then you have to retain data for all services you offer, this would include web hosting and email.
> 
> If you only offer web hosting, you are not an ISP and do not have data retention obligations.
> 
> Justin.
 
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