[AusNOG] Legal Challenge To Meta Data Laws

[Philip Loenneker]

Hi all,

I apologise that I haven't read all the comments on this in detail, and am new to list so have not seen any previous discussions. However I have been doing some research on the Data Retention Act today. 

For those who haven't seen it, I highly recommend looking through the FAQ document:
https://www.ag.gov.au/NationalSecurity/DataRetention/Documents/DataRetentionIndustryFAQS.pdf

I'd appreciate if people could let me know whether I'm right on the points below:

When providing Internet services, you only need to record the identity of users, their connection/disconnection times, MAC address if available, and the IP address(es) they were assigned. See FAQ 4.1.
If you provide any over the top services (OTT), such as email or VoIP, you need to record appropriate data for those. See FAQ 4.2.
Any web hosting is excluded from data retention. FAQ 3.6 states: "as web browsing history is excluded from the data retention obligations, there is also no obligation for information relating to who accesses this web portal [the example being the Centrelink website] to be retained."

Email, VoIP, etc are services that the Act applies to. In my opinion, anyone hosting those should come under the heading of service provider and be obligated to adhere to the Act. But it sounds like Andrew Kitchen was told otherwise. I am guessing it's about an ability to identify and enforce the Act - how do you identify every single email server in the world?

At least it alleviates one of my concerns.. if one of our customers hosts their own email server, we have no visibility of the required data for retention, we don't have to do anything about it.

Regards,
Philip

-----Original Message-----
From: AusNOG [mailto:ausnog-bounces at lists.ausnog.net] On Behalf Of Mark Newton
Sent: Sunday, 13 September 2015 11:48 AM
To: chad at cpkws.com.au
Cc: ausnog at lists.ausnog.net
Subject: Re: [AusNOG] Legal Challenge To Meta Data Laws

On 12 Sep 2015, at 1:13 pm, Chad Kelly <chad at cpkws.com.au> wrote:
> The point is that a lot more work needs to be done in getting some proper representation so that providers are not left to fend for themselves.

I think there might be some threads in the aussie-isp archives about that.

  - mark


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