[AusNOG] Legal Challenge To Meta Data Laws

[Noel Butler]

On 17/09/2015 15:05, Mark Newton wrote:
> 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.


The CAC we hope makes their determinations based on the legislation, 
some here, like myself have been told Email must be retained regardless 
of if your an ISP/Webhost if your storage is in Australia, everyone will 
read it the way they want Mark, clearly like you do, but your opinion 
doesn't matter if it differs from the CACs, since they are the governing 
body of this mess.