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

[Paul Wilkins]

On 17 June 2015 at 03:25, Paul Brooks <pbrooks-ausnog at layer10.com.au> wrote:

>
> I guess I'll have to disagree with you on these, I admire your certainty.
> Please let me know what the CAC says about it.
>
> On 17/06/2015 2:07 AM, Paul Wilkins wrote:
>
>    Paul,
>  Agree for the most part, only:
>
>  1 - Dark fibre isn't covered. If it's not lit, there's no EMF.
>
>
> Dark fibre 'enables communications to be carried by means of EMF'. When
> your customer lights it up, theres EMF. You can't tell if its lit or not,
> and the metadata required doesn't change whether or not its lit. It may be
> moot point, you can probably get an exemption for dark fibre as the
> metadata is boring and static.
>
>
Your customer can't light it up, without a layer2/3 service. The data
retention requirement is on who provides that service.

As to what 'enables' may mean, it's a slippery slope. VDUs enable
communication, but this doesn't mean screengrabs are required. Or ancillary
services such as infrastructure. Or utility services. They don't want your
electricity metadata.


(I am not a lawyer. This is not expert opinion)

Paul Wilkins
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