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

[Mark Newton]

On 16 Jun 2015, at 9:19 am, Noel Butler <noel.butler at ausics.net> wrote:
> Then George I suspect there are a lot of people here are in fact misinformed.

Yep.

> To make it clearer since you clearly aint ever gunna take my word for it, this is my original reply from the Communication Access Coordinator for our web hosting regardless of "relevant service" for SP's, if you offer email you bound by it.
> 
> In Web hosting there are two services we treat as separate
> 
> The first service is the server hosting. Assuming that you are carrier, carriage service or
> internet service provider, this service is a ‘relevant service’.
> 
> This means that the service has data retention obligations unless there is a valid exclusion.
> 

So, assuming you have a HTML capable email client, you’ll see that I’ve highlighted a bit of your quote in red.

The entirety of the data retention obligation applies to carriers and carriage service providers. An Internet Service Provider is a form of a carriage service provider.

If you are not a carrier (with a carrier license issued by ACMA), and you are not a carriage service provider (as defined by the Telecommunications Act), then you have no data retention obligation.

AGD can prattle on about whatever they like, but they aren’t in charge, the legislation is. And, as you have described in your own text above, the legislation only applies to carriers and carriage service providers.
> The second service is the email service. While you offer this service as a product in combination
> with web hosting, we consider the two as separate services for the purpose of data retention. The email
> service also has data retention obligations.
> 
… only if you are a Carrier or a Carriage Service Provider.  If you aren’t, then literally nothing whatsoever that you do has any data retention obligations.

I’m not sure why anyone would want to magic-up an obligation to comply with the data retention legislation when they don’t have to. In this thread you appear to have managed to get pretty worked up about people telling you that you have an easier life than you think you have.  Chill out, relax, and please, for the love of god, if you are not a carrier or carriage service provider, ignore everything AGD says to you. They shouldn’t even be talking to you, and you certainly don’t have to listen to them.
> Now as for the first, I believe I already pointed out why webhosts are regarded as service providers.
> 

The Government calls them service providers because they provide a service.

The Government does not call them Carriage Service Providers, because they aren’t.

Because they aren’t Carriers or Carriage Service Providers, nothing about the data retention legislation applies to them.
> Dont waste your time flaming or arguing with me either, argue with the AG Dept since that is there determination that you ARE required to comply.
> 

I’m not going to argue with AGD because I’m not a carrier or carriage service provider, so I get to ignore them.  As should you.

  - mark



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