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

[Justin Clacherty]

It will force the AGD to make a declaration which will give you a 
concrete result. Or you can just go ahead and spend 10's or 100's of 
thousands implementing and maintaining something that isn't necessarily 
required.

Justin.


On 19/07/2015 8:05 pm, Skeeve Stevens wrote:
> Yeah, a lawyer, about a federal law that was just written and is a 
> joke to interpret.  Sounds like a way to burn a lot of money without 
> any concrete result.
>
>
> ...Skeeve
>
>
> --
>
> Skeeve Stevens - The ISP Guy - Internet Provider SME
>
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> +61(0)414 753 383
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>
> On Sun, Jul 19, 2015 at 6:57 PM, Justin Clacherty 
> <justin at redfish.com.au <mailto:justin at redfish.com.au>> wrote:
>
>     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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