[AusNOG] Metadata defined in the bill

[Paul Brooks]

On 30/03/2015 12:10 AM, James Andrewartha wrote:
> 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.

Nice try, but remember, this is being added to the TIAA. In the TIAA, the term
'carrier' is redefined....

"carrier means:    
        (a) except in Parts 5-4 and 5-4A:    
                (i) a carrier (within the meaning of the Telecommunications Act 1997);
or    
                (ii) a carriage service provider;  and    
        (b) in Parts   5-4 and 5-4A—a carrier (within the meaning of the
Telecommunications Act 1997). 
"
('carriage service provider' is defined in the TIAA to be a CSP per the Telco Act)

so yes - it is intended to apply to CSPs as well as licensed carriers.






>
> 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).
>