[AusNOG] Legal Challenge To Meta Data Laws

[Mark Newton]

On Sep 10, 2015, at 9:24 AM, Andrew Kitchen <a.kitchen at xi.com.au> wrote:
> 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.

<dogue>Such wow, many Einstein, so law.</dogue>

Who could possibly have described that before the bill even passed through the Parliament?

> I feel there is a viable legal challenge to these laws for ISP’s who offer web hosting and other services 

Buckley’s and none. 

On what basis would you challenge it? There is no restriction on the Parliament passing laws which have anticompetitive effect, there’s only a prohibition on businesses behaving in certain anticompetitive ways.

If you didn’t want the Parliament to pass laws which had anticompetitive effect, you should have opposed the bill effectively before it passed. Plenty of us were highlighting this exact situation, you can’t say you weren’t warned.

The other anticompetitive side effect of these laws, of course, is that Australian industry participants who must retain data are at a disadvantage with respect to foreign industry participants who don’t. I’d just love to see how you’d propose to address that in a high court action.

  - mark


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