[AusNOG] Legal Challenge To Meta Data Laws

[Mark Newton]

On Sep 17, 2015, at 1:40 PM, Philip Loenneker <Philip.Loenneker at tasmanet.com.au> wrote:
> 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?

It has nothing to do with an ability to identify and enforce the Act, it has to do with the wording of the legislation.

The FAQ on AGD’s website is not legislation.

Your opinion is not legislation.

The legislation only applies to carriers and ISPs.  People providing "Email, VoIP, etc” who aren’t carriers or ISPs are out of scope.

Seriously: You’re having the conversation that this list was having in February. We (and AGD) have already covered this territory, there is very little value in covering it (incorrectly) all over again.

Regards,

  - mark