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

[Justin Clacherty]

You need to talk to a lawyer. You shouldn't be taking what the AGD says 
as gospel.

Justin.


On 19/07/2015 6:00 pm, Noel Butler wrote:
>
> /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./
>

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