[AusNOG] Welcome to Metadata Retention

[Damien Gardner Jnr]

If you're going to quote the Carriage Service definition from the
Telecommunications Act, you also need to note Section 89, the 'same
premises' exclusion. This excludes services delivered inside the same
building, which reads to me that provided you're only supplying internet
services inside of Datacenters (which most hosting/colo/dedi/vds companies
do), you're not providing carriage services, and thus aren't affected by
this bill?



On 2 March 2015 at 02:51, Paul Wilkins <paulwilkins369 at gmail.com> wrote:

> The fundamental qualifier is whether you provide a 'carriage service', as
> defined by the Telecommunications Act, 1997. (The Broadcasting Services Act
> relies on the definition in the Telco Act).
>
> *carriage service* means a service for carrying communications by means
> of guided and/or unguided electromagnetic energy.
>
> If you provide a service (or resell a service) for the termination of
> cables or fiber, you're clearly within the scope of the bill.
>
> If you don't touch the physical or data link layers, the bill may or may
> not apply, subject to interpretation and legal argument. It's not clear if
> a communication at the IP layer is to the opposite IP (which arguably
> requires transmission by electromagnetic energy). Then again, IP doesn't
> deal with electromagnetic radiation, so perhaps not, but I wouldn't think
> this a strong argument.
>
> Alternatively, if the communication is viewed as from the IP to the MAC,
> then the communication is local and there is no transmission via
> electromagnetic energy (except from what is local to the NIC chipset).
> Assuming this interpretation, the IP<>IP conversation would be 'content' of
> the MAC<>IP communication, and still remains outside the bill.
>
> As I've said, the lawyers will have a lot of fun with this. I'm not a
> lawyer and don't represent myself as a legal expert. If you need informed
> opinion, consult a legal professional, or ask the advice of the Dep't of
> Communications, who administer both the Telco Act, and the Broadcasting
> Services Act.
>
> Paul Wilkins
>
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>


-- 

Damien Gardner Jnr
VK2TDG. Dip EE. GradIEAust
rendrag at rendrag.net -  http://www.rendrag.net/
--
We rode on the winds of the rising storm,
 We ran to the sounds of thunder.
We danced among the lightning bolts,
 and tore the world asunder
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