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

[Paul Wilkins]

Before you all panic, the legislaton (in my non expert opinion) states that
destination IPs are not required, as in:


*187A(4)This section does not require a service provider to keep, or cause
tobe kept:*
(a) information that is the contents or substance of a
communication; or
Note:This paragraph puts beyond doubt that service providers are not
required to keep information about telecommunications content.
*(b) information that:*





*(i) states an address to which a communication was sent onthe internet,
from a telecommunications device, usingan internet access service provided
by the serviceprovider; and(ii) was obtained by the service provider only
as a result ofproviding the service;* or
Note:This paragraph puts beyond doubt that service providers are not
required to keep information about subscribers’ web browsing
history.

Paul Wilkins

On 9 June 2015 at 23:53, Skeeve Stevens <skeeve+ausnog at theispguy.com> wrote:

> Something important to read for all ISPs.
>
> from:
> http://www.acma.gov.au/theACMA/engage-blogs/engage-blogs/Telco/Australias-data-retention-obligations-become-law?utm_medium=email&utm_campaign=Telco+matters+Australias+data+retention+obligations+become+law+9+June+2015&utm_content=Telco+matters+Australias+data+retention+obligations+become+law+9+June+2015+CID_6c9ce59184ae16db53bec2102f96cc3a&utm_source=SendEmailCampaigns&utm_term=Read%20more%20here
>
> -------
>
> *Australia's data retention obligations become law*
>
> By Attorney-General's Department
>
> Important message from the Attorney-General’s Department:
>
> From 13 October 2015, telecommunications service providers that use
> communications infrastructure in Australia to provide any of their services
> may be required to retain and secure specific telecommunications data for
> two years. The obligations apply to licensed carriers, carriage service
> providers and internet service providers. However, some services are
> specifically excluded—for example, broadcasting services. The data
> retention obligations apply irrespective of the size of your company and/or
> customer base.
>
> This will ensure that Australia’s law enforcement and security agencies
> continue to have lawful access to data, subject to strict controls.
>
> The legislation specifies the types of data that must be retained,
> depending on the nature of the service being offered.
>
> Broadly, the data set includes information relating to the:
>
> > source and destination of a communication
> > date, time and duration of a communication
> > communication type
> > location of communications equipment.
>
> This data must be kept for two years. The data set also includes
> subscriber and service-level account information, which must be retained
> for two years from its creation. Certain types of subscriber information
> must be retained for the life of the account and for a further two years
> after the account is closed.
>
> Service providers are not required to retain data about services offered
> by other providers. For example, a wholesale-only service provider is only
> required to retain items in the data set that are relevant to provision of
> its wholesale service.
>
> *Service providers that cannot fully comply with these obligations by 13
> October 2015 should apply to the Communications Access Coordinator (a
> statutory officer within the Attorney-General’s Department) for:*
>
> an extension of up to 18 months by lodging an Implementation Plan that
> details how they will achieve compliance in the extended period
> an exemption from and/or variation of the data retention obligations in
> relation to a specific service.
>
> The Australian Government has announced a package of $131.3 million over
> three years to help the telecommunications industry with the upfront
> capital costs of data retention. More information will be available at
> www.ag.gov.au/dataretention soon. For detailed guidelines, FAQs and
> application templates, as well as case-by-case support, email
> cac at ag.gov.au or call the Office of the Communications Access
> Co-ordinator in the Attorney-General’s Department on 02 6141 2884.
>
> ...
>
> (Thanks George)
>
>
> ...Skeeve
>
>
> --
>
> Skeeve Stevens - The ISP Guy - Internet Provider SME
>
> Email: skeeve at theispguy.com ; Cell: +61(0)414 753 383
> Skype: skeeve; Blog: TheISPGuy.com
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> Facebook: TheISPGuy
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>
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