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

[Julian De Marchi]

On 10/06/15 11:19, Noel Butler wrote:
>  
> 
> On 10/06/2015 10:50, Julian De Marchi wrote: 
> 
>> On 10/06/15 10:28, Noel Butler wrote: 
>>
>>> Webhosting certainly is included (well, so far as Emails and client info
>>> etc)
>>
>> Webhosting is not included.
>> _______________________________________________
> 
> I find that impossible to believe given I am required to comply when I'm
> only providing a free usenet service. 
> 
> I think a lot of people here need to start contacting the AG's Dept,
> taking bad advice from a mailing list member will not be an excuse to
> avoid prosecution. 

Please update yourself on the act Noel. Below is the definition of an
ISP. If you don't fall into that definition then you _dont_ get caught
up in the data retention regime.

Taken from: http://www.comlaw.gov.au/Details/C2015C00216/Html/Volume_2

Schedule 5 - Clause 8.

8  Internet service providers

Basic definition

             (1)  For the purposes of this Schedule, if a person
supplies, or proposes to supply, an internet carriage service to the
public, the person is an internet service provider.

Declared internet service providers

             (2)  The Minister may, by legislative instrument, declare
that a specified person who supplies, or proposes to supply, a specified
internet carriage service is an internet service provider for the
purposes of this Schedule. A declaration under this subclause has effect
accordingly.