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

[Damian Guppy]

On Wed, Jun 10, 2015 at 12:32 PM, Paul Brooks <pbrooks-ausnog at layer10.com.au
> wrote:

>  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.
>
>

Slightly Diverging from the topic here, but how do you think an Australian
company that only provides a VPN or Proxy service fit into this?

--Damian
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