[AusNOG] Data Retention

[Ross Wheeler]

On Fri, 25 Sep 2015, Chad Kelly wrote:

> They do include content providers in the legislation as well.

Where a content-provider is also a carrier, carriage service provider 
and/or internet service provider, sure.

If a content-provider is NOT an ISP, CSP or Carrier, then it absolutely 
does not apply except for the specific case of subsection 3A, which reads

    "The Minister may, by legislative instrument, declare a service to be a
     service to which this Part applies."

I've not seen or heard any instances yet where this has happened, so 
unless you can correct me on that, *ANYONE* regardless of what they do or 
what OTT services they operate are completely and umambiguously EXCLUDED 
from any data retention obligations unless they are
   (i) a carrier; or
  (ii) an internet service provider (within the meaning of Schedule 5 to
       the Broadcasting Services Act 1992)