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

[Paul Wilkins]

Per my understanding (having read the relevant sections of the Retention
Act and the Telecommunications Act (the definitions are somewhat recursive,
but it eventually comes down to whether you provide a service for carrying
communications via electromagnetic waves - whether or not you have a
carrier license). If a customer is paying you for an IP, you are required,
per my reading of the legislation, to have an approved data retention plan.

(I'm not a lawyer, this is not expert opinion)

Paul Wilkins



> 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.
> legislation applies to them.
>
>
>
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