[AusNOG] Data Retention

[Mark Newton]

On 24 Sep 2015, at 23:36, Chad Kelly <chad at cpkws.com.au> wrote:
> 
>> On 9/24/2015 11:13 PM, Mark Newton wrote:
>>> On 24 Sep 2015, at 10:54 pm, Chad Kelly <chad at cpkws.com.au> wrote:
>>> CPK Web Services does not have an IP range or a network for that matter, as I have already stated, both publicly on social media and in our DRIP we have written agreements in place with Micron21 who take responsibility for the network and related stuff.
>>> But then we have the over the top services such as email.
>> So why are you even talking to them at all? The legislation doesn’t cover you.
>> 
> This is why it should be moved from the AGD to the Department of communications, as the AGD advice varies from what most industry people have told me.

The AGD advice doesn't matter. The legislation does. And it seems that you aren't talking to a lawyer about it and, perhaps, haven't even read it yourself.

> Which is that providers who don't operate their own network are not covered by this, but if that is the case, it would leave out a number of providers who co-locate servers in DCs that provide them with network connectivity.

Yes! If they're not carriers or ISPs, they are "left out." That's what the law passed by the Parliament says.

"Get a lawyer, son, hope you get a real good one."

   - mark



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