[AusNOG] Peering Providers

Wed Mar 25 11:17:57 EST 2015

On 25/03/2015 10:46 AM, Paul Julian wrote:
>
> Thanks Paul, that’s a good reply, appreciate it.
>
>  
>
> I suppose the scope I am looking at with this is two private companies who want a
> link between them via us, one a manufacturing company, the other a distributor, they
> are separate entities to us, and they will be passing their own private data across
> that link, basically we won’t be providing any data as such just the medium to
> connect them together, so just trying to understand what our requirements may be in
> the future regarding this.
>
I am not a lawyer, this is not legal advice, seek your own qualified advice if it
matters. The courts probably won't take 'but I heard it on AusNOG' kindly.
that said....
The data flow is immaterial - what matters is who is renting who the link? who is the
underlying licensed carrier that owns the link?
who is leasing the link from the underlying carrier, and on-leasing it to...you? your
customers directly?
If you are renting/leasing/selling the actual links between you and one or both of
those two private companies to those private companies, you're a CSP.
If those companies are each buying/leasing the links from someone else in order to get
to you, then that 'someone else' is a CSP.

>  
>
> We still provide other typical ISP services to other customers and I realise that
> the normal rules will apply there but just interested in how a link like this might
> fit the new rules.
>
>  
>
> I am thinking that from a data retention perspective we don’t need to do anything as
> we aren’t providing any “services” such as voice, email or Internet, but I would
> imagine that we would still have to satisfy interception requirements as a licensed
> carrier.
>
Connectivity between two places is a Carriage Service. Even if no data flows, even if
you provide no value-add other than forwarding packets (or even not forward packets).
If you are 'providing' the links to these two private companies to provide them
connectivity (whether or not there exists a contract, whether or not money changes
hands) , then they are your customers, you are providing a carriage service,  and the
contract and customer details itself is communications data to be retained from the
perspective of data retention, as are the details of the configuration of the
(permanent?) link(s), such as IP addresses assigned to each end, bandwidth of
operation, etc. 

If they are leasing the links from someone else, and *all* you are doing is providing
a couple of equipment ports for those links to connect into, then you are arguably in
the same state as a web-host operation, and may be classed as an end-user under the
Broadcast Services Act rather than an ISP, and not be required to keep data.

Bottom line - its complicated. Usually, its all about the links, not the purpose.
Consult a lawyer.

Paul.

>  
>
> Regards
>
> Paul
>
>  
>
> *From:*Paul Brooks [mailto:pbrooks-ausnog at layer10.com.au]
> *Sent:* Wednesday, 25 March 2015 10:39 AM
> *To:* paul at oxygennetworks.com.au
> *Cc:* ausnog at ausnog.net
> *Subject:* Re: [AusNOG] Peering Providers
>
>  
>
> On 24/03/2015 11:46 PM, Paul Julian wrote:
>
>     Question to the knowledgeable….
>
>      
>
>     Is a business which does only peering between service providers classed as a
>     service provider themselves ?
>
>     In other words if you are only passing data between one entity and another, and
>     you don’t provide any services except for the connectivity to pass that data
>     would that still classify you as a service provider ?
>
>      
>
>     I suppose an example would be a peering company like Megaport (just an example),
>     if they are just passing data through from people to other people without doing
>     anything with that data or providing any services like email of website hosting
>     etc, are they are service provider ?
>
>      
>
>     Sorry if it’s a stupid question but I am curious.
>
> Its not a stupid question - but if you need to know for a compliance/legal/money
> reason where the cost of getting it wrong is higher than the cost of asking a
> lawyer, you should consult a real lawyer.
> In your example, the peering company is renting out the port and the capability for
> passing traffic through, so they are providing services - however they aren't
> 'carriage services'.
>
> You didn't say if the other service providers are customers or suppliers of yours -
> who is the 'supplier' matters.
>
> If you 're happy to interpret it yourself, check out
>
> http://www.austlii.edu.au/au/legis/cth/consol_act/ta1997214/s87.html
>
> note 'public' includes any individual or organisation not within your own
> organisation or immediate-circle - including other arms-length service providers.
>
> If you aren't providing any of the links (carriage services) between your premises
> and your (other service providers) premises - i.e. they are bringing their own links
> - then you might not be a carriage service provider.
>
>
> P.
>
>
>
>
>  
>
> Regards
>
> Paul
>
>  
>
>
>
>
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