[AusNOG] Welcome to Metadata Retention

Paul Brooks pbrooks-ausnog at layer10.com.au
Sun Mar 1 21:42:03 EST 2015 

On 1/03/2015 9:28 PM, John Lindsay wrote:
> And by Legal Advice Paul means a real lawyer with telco experience. I would suggest
> Thomson Geer or DLA Piper.
or Maddocks, or Baker & McKenzie, or several others. But yes - real lawyers, with real
telco & ISP experience.

Keep an eye out, I expect some of them will be holding seminars at some stage, you
might wish to attend.

Paul.


>
> John Lindsay
> Former regulatory and compliance guy
>
> On 1 Mar 2015, at 8:54 pm, Paul Brooks <pbrooks-ausnog at layer10.com.au
> <mailto:pbrooks-ausnog at layer10.com.au>> wrote:
>
>> Lets make this simple - but if you think it *won't* apply to you, you should
>> consult legal advice to make sure.
>>
>> See definition of Carriage Service Provider in the Telco Act, and definition of ISP
>> in the Broadcasting Services Act Schedule 5.
>>
>> If you provide a carriage service to the public (i.e. not your own staff), you're a
>> service provider.
>> If you arrange for another CSP to provide services to the public, you're a service
>> provider
>> If you resell or wholesale another CSP's services to sell services to the public,
>> you're a service provider.
>> if you supply, or propose to supply, an internet carriage service to the public,
>> you're an */internet service provider /*.
>> There is no registration requirement to be considered to be a Carriage Service
>> Provider, no license - if you provide services, you are a CSP, if you provide
>> access to the Internet, you are an ISP, which makes you a service provider, and the
>> new legislation applies to you.
>>
>> There is no size threshold - it applies to the big guys, the little guys, the
>> single person operating from a garage with a handful of customers.
>>
>> For pure hosting providers - the Broadcasting Services Act says 'Note:          If
>> a company makes internet content available for access on the internet, and an
>> individual obtains access to the content using an internet carriage service, the
>> company and the individual are end-users in relation to the carriage of the content
>> by the internet carriage service.'
>> ....so you might not be captured, but you should consult legal advice on that.
>>
>> Paul.
>>
>>
>> On 27/02/2015 6:10 PM, Shaun McGuane wrote:
>>>
>>> Hi Gents,
>>>
>>>  
>>>
>>> A quick question on this one.
>>>
>>>  
>>>
>>> 1.       What is the definition of service provider?
>>>
>>> Is this only a requirement for licensed carriers or does it extend through the
>>> little guys
>>> in hosting at the end of the food chain?
>>>
>>> Regards
>>>
>>> Shaun
>>>
>>>  
>>>
>>> *From:*AusNOG [mailto:ausnog-bounces at lists.ausnog.net] *On Behalf Of *Paul Wilkins
>>> *Sent:* Friday, 27 February 2015 5:59 PM
>>> *To:* ausnog at lists.ausnog.net
>>> *Subject:* Re: [AusNOG] Welcome to Metadata Retention
>>>
>>>  
>>>
>>> There's 2 recommendations that go to requirements for storage of metadata, which
>>> are very much a work in progress:
>>>
>>> Recommendation 10
>>>
>>> The Committee recommends that the Explanatory Memorandum to the Telecommunications
>>> (Interception and Access) Amendment (Data Retention) Bill 2014 clarify the
>>> requirements for service providers with regard to the retention, de-identification
>>> or destruction of data once the two year retention period has expired
>>>
>>> Recommendation 37
>>>
>>> The Committee recommends that the Telecommunications (Interception and Access)
>>> Amendment (Data Retention) Bill 2014 be amended to require service providers to
>>> encrypt telecommunications data that has been retained for the purposes of the
>>> mandatory data retention regime.
>>>
>>> *To give effect to this recommendation, the Committee recommends that the Data
>>> Retention Implementation Working Group develop an appropriate standard of
>>> encryption to be incorporated into regulations*, and that the Communications
>>> Access Co-ordinator be required to consider a provider’s compliance with this
>>> standard as part of the Data Retention Implementation Plan process.
>>>
>>> Further, the Communications Access Co-ordinator should be given the
>>>
>>> power to authorise other robust security measures in limited circumstances in
>>> which technical difficulties prevent encryption from being implemented in existing
>>> systems used by service providers.
>>>
>>>  
>>>
>>>  
>>>
>>> On 27 February 2015 at 16:46, Paul Julian <paul at oxygennetworks.com.au
>>> <mailto:paul at oxygennetworks.com.au>> wrote:
>>>
>>>     It has to be encrypted as part of the legislation Kris
>>>
>>>      
>>>
>>>     Regards
>>>
>>>     Paul
>>>
>>>      
>>>
>>>     *From:*AusNOG [mailto:ausnog-bounces at lists.ausnog.net
>>>     <mailto:ausnog-bounces at lists.ausnog.net>] *On Behalf Of *Kristoffer Sheather @
>>>     CloudCentral
>>>     *Sent:* Friday, 27 February 2015 4:44 PM
>>>     *To:* Phillip Grasso
>>>     *Cc:* ausnog at lists.ausnog.net <mailto:ausnog at lists.ausnog.net>
>>>
>>>
>>>     *Subject:* Re: [AusNOG] Welcome to Metadata Retention
>>>
>>>      
>>>
>>>     Don't bother encrypting it, they probably either have the keys (or compel you
>>>     to provide them) and/or can break the encryption.
>>>
>>>      
>>>
>>>      
>>>
>>>     Regards,
>>>     Kristoffer Sheather
>>>
>>>      
>>>
>>>     --------------------------------------------------------------------------------------
>>>
>>>     *From*: "Phillip Grasso" <phillip.grasso at gmail.com
>>>     <mailto:phillip.grasso at gmail.com>>
>>>     *Sent*: Friday, February 27, 2015 4:42 PM
>>>     *To*: kris at cloudcentral.com.au <mailto:kris at cloudcentral.com.au>
>>>     *Cc*: "Peter Lawler" <ausnog at bleeter.id.au <mailto:ausnog at bleeter.id.au>>,
>>>     "ausnog at lists.ausnog.net <mailto:ausnog at lists.ausnog.net>"
>>>     <ausnog at lists.ausnog.net <mailto:ausnog at lists.ausnog.net>>
>>>     *Subject*: Re: [AusNOG] Welcome to Metadata Retention
>>>
>>>      
>>>
>>>     did they specify what kind of storage conditions it needs to be stored under? 
>>>
>>>      
>>>
>>>     If not do it cheap as possible to keep costs to customers as long as possible;
>>>     that sounds like jbod or a raid0 array[encrypted of course] 
>>>
>>>      
>>>
>>>     On Fri, Feb 27, 2015 at 4:39 PM, Kristoffer Sheather @ CloudCentral
>>>     <kristoffer.sheather at cloudcentral.com.au
>>>     <mailto:kristoffer.sheather at cloudcentral.com.au>> wrote:
>>>
>>>     That's exactly what they should do, isn't the government supposed to be all
>>>     about "transparency" :) ?
>>>
>>>      
>>>
>>>     Regards,
>>>     Kristoffer Sheather
>>>
>>>      
>>>
>>>     --------------------------------------------------------------------------------------
>>>
>>>     *From*: "Phillip Grasso" <phillip.grasso at gmail.com
>>>     <mailto:phillip.grasso at gmail.com>>
>>>     *Sent*: Friday, February 27, 2015 4:38 PM
>>>     *To*: "Peter Lawler" <ausnog at bleeter.id.au <mailto:ausnog at bleeter.id.au>>
>>>     *Cc*: "ausnog at lists.ausnog.net <mailto:ausnog at lists.ausnog.net>"
>>>     <ausnog at lists.ausnog.net <mailto:ausnog at lists.ausnog.net>>
>>>     *Subject*: Re: [AusNOG] Welcome to Metadata Retention
>>>
>>>      
>>>
>>>     who's gonna pay for this? any increase in compliance costs normally end up
>>>     costing the customer. 
>>>
>>>      
>>>
>>>     Wouldn't it be funny if most of the ISP's put on their bill notices: 
>>>
>>>      
>>>
>>>     *Mandatory Government Metadata surcharge tax^H^H^H: ~+$2 *
>>>
>>>      
>>>
>>>     On Fri, Feb 27, 2015 at 1:57 PM, Peter Lawler <ausnog at bleeter.id.au
>>>     <mailto:ausnog at bleeter.id.au>> wrote:
>>>
>>>     On 27/02/15 13:21, Matt Perkins wrote:
>>>     >
>>>     > I have one prediction the roll out of this is going to be the biggest
>>>     > debacle since pink bats.
>>>
>>>     Loathed to mention it as it's arguably OT, but there's a piece doing the
>>>     rounds at the moment about the cost of the eHealth record stuff and how
>>>     underutilised it has been by the general population.
>>>
>>>     As such, I think you're missing the relevant debacle comparator.
>>>
>>>     Pete.
>>>
>>>
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