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

[Martin - StudioCoast]

I think some are missing that the amendment states that Schedule 5 of 
the Broadcasting Services Act is what defines what an "internet service 
provider" is and nothing else.

Schedule 5 is below:

http://www.austlii.edu.au/au/legis/cth/consol_act/bsa1992214/sch5.html

Relevant sections quoted below:

---
/"internet carriage service" means a listed carriage service that 
enables end-users to access the internet./
/"internet service provider " has the meaning given by clause 8.//
//...
*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* ./

--

So, the data retention amendment applies only to "internet service 
providers", which is defined as supplying an  "internet carriage 
service", which is defined as "that (which) enables end-users to access 
the internet.".
This means any provider not directly involved in physically connecting 
users to the internet does not need to worry about this act.

I am not a lawyer, I just connected the dots!


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