[AusNOG] Metadata defined in the bill

[James Andrewartha]

On Thu, 26 Mar 2015, Paul Brooks wrote:

> Nobody is going to write you a letter - everyone has already been told, as its written
> in the legislation.
> Unlike carrier licenses, there is no register of CSPs, so they don't know who to write
> to anyway.
> What you need to do first is written in the legislation - Sections 187E and 187F would
> be a good place to start.
> You're welcome.

However, as far as I can tell, CSPs aren't (yet) covered by the new law. 
See 187A(3)(b):

it is a service:
  (i) operated by a carrier; or
  (ii) operated by an internet service provider (within the meaning of Schedule
       5 to the Broadcasting Services Act 1992); or
  (iii) of a kind for which a declaration under subsection (3A) is in 
        force; and

So CSP-operated services aren't covered, unless (until?) the minister 
starts delcaring them, every 40 sitting days (roughly twice a year). Para 
418 in the Revised EM confirms that 187A(3) is what defines a relevant 
service.

http://parlinfo.aph.gov.au/parlInfo/download/legislation/ems/r5375_ems_ac4732e1-5116-4d8f-8de5-0ead3828012c/upload_pdf/501754%20Revised%20EM.pdf;fileType=application%2Fpdf

This flaw appears to have occurred during the amendment process, since 
the original bill said 187(A)(b)
   (iii): of a kind prescribed by the regulations; and

for which I assume they intended to make all email and VOIP services etc. 
a kind prescribed by the regulations.

So, still not great, since we can expect the minister to start declaring 
email and VOIP services etc. under 187A(3A), but at least they'll expire 
every 40 sitting days and could be disallowed each time if the ALP ever
develops a spine. And it still sucks to be an ISP or carrier of course.

Which brings up an interesting question, if they mess up the timing and a 
service is no longer declared for a period of time, can you delete that 
data, or could you just stop retaining new data for that period? Reading 
187C suggests the latter. Also it says customer account 
name/address/contract data must be kept for 2 years after the account is 
closed (although the regulations may provide for just 2 years after it's 
created).

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