[AusNOG] Legal Challenge To Meta Data Laws

[Mark Smith]

On 10 September 2015 at 11:20, Mark Newton <newton at atdot.dotat.org> wrote:
> On Sep 10, 2015, at 11:07 AM, Andrew Kitchen <a.kitchen at xi.com.au> wrote:
>
> As for judges if you present your case and walk them through it step by step
> explaining all aspects and you can make them understand the principal of how
> these laws don’t work they usually rule in your favour especially if they
> see that the implementation of the law just doesn’t work.
>
>
> I’m still having trouble seeing how it doesn’t work.
>
> If you’re a bookshop who also happens to operate a café then you need to
> follow laws pertaining to retailing books as well as laws pertaining to food
> hygiene.
>
> You can’t run off to the High Court and say that the law in your situation
> is anticompetitive because the fact that other bookshops don’t have the
> additional overhead of complying with food safety laws puts you at a cost
> disadvantage versus other bookshops.
>
> We have two industries (ISPs, hosting companies) and different laws which
> apply to each one. If you choose to play in both arenas, you need to follow
> both sets of laws, and your business overheads will be higher than someone
> who only plays in one arena — Just like the bookshop with the café.
>
> What is the actual problem with that?
>
> If you don’t want to pay the costs of data retention, stop being an ISP.

Or create two legally separate businesses, one providing ISP services
with metadata obligations, and the other providing webservices without
metadata obligations.



> Just make a business decision you’re comfortable with and get on with your
> life.
>
>   - mark
>
>
>
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