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

[Paul Brooks]

To be more clear on this - webhosting companies that *only* do webhosting of sites,
and do not also act as an ISP and provide end-user connections (That is, they are not
a Carriage Service Provider because they don't supply lines or links to others), are
excluded as you are not deemed to be an ISP.
If you provide end-user connections as an ISP, AND you provide webhosting services,
then the webhosting you provide IS included in your data retention obligations, as
they are services provided by an ISP, and ISPs have to do data retention.

The distinction is in the definition of ISP in the Broadcasting Services Act:

http://www.austlii.edu.au/au/legis/cth/consol_act/bsa1992214/sch5.html

"

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 /*.
"

and the Note:
"Note:    If a company makes internet content available for access on the internet,
and an individual obtains access to the content using an internet carriage service,
the company and the individual are end users in relation to the carriage of the
content by the internet carriage service."

Simply saying "webshosting is excluded" is too simplistic. If you are an ISP, then
your webhosting service is included.





On 10/06/2015 10:56 AM, Julian De Marchi wrote:
> On 10/06/15 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.
> To expand a bit on this, this is from Paul Brooks who has knowledge of
> the act. This was his response when I queried about web hosting
> companies being caught up.
>
> On 23/04/15 21:23, Paul Brooks wrote:
>> I think you are mistaken here. The legislation only applies to
> carriers, CSPs and ISPs
>> that are providing the actual access links to end-user customers.
> Web-hosting
>> companies and datacentres are not captured. This all boils down to the
> definition of
>> 'ISP' in the Broadcasting Services Act, which says (Schedule 5 of the
> BSA):
> _______________________________________________
> AusNOG mailing list
> AusNOG at lists.ausnog.net
> http://lists.ausnog.net/mailman/listinfo/ausnog

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://lists.ausnog.net/pipermail/ausnog/attachments/20150610/3e8c49e0/attachment.html>