[AusNOG] Data Retention

[Chad Kelly]

On 9/24/2015 11:53 PM, Mark Newton wrote:
>
> On 24 Sep 2015, at 23:36, Chad Kelly <chad at cpkws.com.au 
> <mailto: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 
>>> <mailto: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
>
>
>
Given that the legislation has already been passed and the agencies 
involved, including the AFP it is a lot easier just to give them the 
information they want.
They have enough flexibility within the legislation to allow time for 
implementation I just personally think that the Communications 
Department would be better off handling this stuff, but given the 
agencies all communicate with each other they would be well aware of the 
situation anyway.
They do include content providers in the legislation as well.
Regards Chad.


-- 
Chad Kelly
Manager
CPK Web Services
web www.cpkws.com.au
phone 03 9013 4853

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