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

[Paul Wilkins]

Am I the only one that spotted that this advice is not even internally
consistent? For the intents and purposes of the act, there is no difference
between email and usenet. Either both qualify for logging or both don't.
It's early days, but already the legislation is coming unstitched. Happy
days...

Paul Wilkins

On 19 July 2015 at 18:00, Noel Butler <noel.butler at ausics.net> wrote:

> 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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