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

[Mark Smith]

On 19 Jul 2015 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.
>

The reality is Noel that you resort to insulting people you disagree with
if you've run out of points to support your position. All that achieves is
to make it harder for you to earn their respect in the future, because they
won't bother listening to you either in the future, no matter how valid
what you say is.

If you've run out of points to support your position just leave it at that.

> 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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