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

[Paul Wilkins]

Paul,
I don't think we do disagree. There ought to be a demarc which says this
business is in or outside the scope of the Act.

That demarc is where you provide, as a service, communications via
electromagnetic radiation, ie. layer 2/3 services, ie. someone pays you to
put an IP on their CE. Layer 1 services are not covered, as you point out.
Or have I overlooked something you see in contention?

(I am not a lawyer, this is not expert opinion)

Paul Wilkins

On 16 June 2015 at 22:13, Paul Brooks <pbrooks-ausnog at layer10.com.au> wrote:

>  On 16/06/2015 3:30 PM, Mike Everest wrote:
>
>  Hi Paul, all,
>
>
>
> 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).
>
>
>
> That’s essentially the definition of a carrier, and in Australia, if you
> are a carrier then you need to be a licensed one – so, moot point maybe ;-)
>
> NO NO NO! To both of you!
>
> Being a carrier has NOTHING to do with providing IP addresses, or services.
>
> A carrier license is a license to dig holes. Its a civil construction
> permit, to build and/or own the underlying cables or radio links. Nothing
> more.
>
> If you *operate* the cables, or services provided over the cables (yours
> or cables you lease from someone else) then you are *also* a CSP - Carriage
> Service Provider.
> You don't need a carrier license to own buildings, you don't need one to
> own the equipment that lights up the cables, you don't need one to provide
> services, you don't need one to lease a connection from someone else. You
> only need a carrier license if you own the underlying cable/radio link as
> an asset (and its more than 600 metres, or crossing a property boundary),
> or you want to build a new one.
>
> To the point - being a licensed carrier has NOTHING to do with data
> retention. A licensed carrier, that doesn't provide services, has nothing
> to retain.
>
> Paul.
>
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