[AusNOG] Legal Challenge To Meta Data Laws

[Skeeve Stevens]

Obviously I will support any challenge to the law.... and would encourage
Comms Alliance and Internet Australia to support it as well... especially
as they have legal resources.


...Skeeve


--

Skeeve Stevens - The ISP Guy - Internet Provider SME

Email: skeeve at theispguy.com ; Cell: +61(0)414 753 383
Skype: skeeve; Blog: TheISPGuy.com <http://theispguy.com/> ; Facebook:
TheISPGuy <https://www.facebook.com/theispguy>

Linkedin: /in/skeeve <http://www.linkedin.com/in/skeeve> ; Expert360:
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On Thu, Sep 10, 2015 at 9:24 AM, Andrew Kitchen <a.kitchen at xi.com.au> wrote:

> Hey Everyone
>
> Over the last few weeks there has been discussions on this forum about
> Content Service Providers having to keep data retention obligations.  We
> finally have a ruling from the AG yesterday in relation to this issue
> yesterday and if you are an ISP and you are offering these services then
> you must retain meta data.  However if you don’t meet the category outlined
> in the data retention legislation then you don’t have to….
>
> So in other words if you don’t offer ISP type services and all you do is
> offer Content based services such as Web Hosting etc then you don’t have
> data retention obligations.
>
> This is anti competitive and will force ISP to either wear the costs and
> maybe make a loss or forced to but up pricing which will make them not able
> to compete in the marketplace.
>
> I feel there is a viable legal challenge to these laws for ISP’s who offer
> web hosting and other services and I am looking for expressions of interest
> who would be interested in joining a possible class action against the
> government.  I would be looking at service providers who would join the
> challenge to assist in covering costs to
>
> A)  Taking out an injunction against the Federal Government to stop ISP
> having to comply with the meta data retention laws until a full hearing of
> the Federal Court can be heard
> B)  Full legal defence prepared and presented to the Federal Court
> C)  Each party responsible for costs – this means that we aren’t hit with
> government legal bills
>
> This whole legislation is very badly written, it gives an unfair advantage
> to non ISP based content providers and in my legal opinion would be
> winnable.
>
> So if anyone is interested in sharing the costs to challenge these very
> badly designed and executed laws then would be happy to hear from you.
>
> Regards
>
> Andrew Kitchen
>
>
> [image: [image]]
>
>
> Andrew Kitchen | Business DevelopmentStrategist
> PO Box 3279, The Pines, Victoria, 3109
> T 1300 789 299 D 03 9909 3102 *M* 0449 561 461 F 03 8611 7946
> a.kitchen at xi.com.au | www.xi.com.au
>
>
>
>
>
>
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