[AusNOG] Legal Challenge To Meta Data Laws

Noel Butler noel.butler at ausics.net
Tue Sep 29 09:34:12 EST 2015


On 20/09/2015 15:03, Mark Newton wrote:
> On 20 Sep 2015, at 1:18 pm, Noel Butler <noel.butler at ausics.net> wrote:
>> On 17/09/2015 15:05, Mark Newton wrote:
>>> 
>>> 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
> 
> The CAC doesn’t make determinations, they make suggestions.
> 
> Courts make determinations.
> 
>> 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.
> 
> No, they aren’t. They’re just another body of particularly unskilled
> and inexpert opinion.
> 
> You seem absolutely determined to retain data that you don’t need to
> retain (or, at
> least, you would be if you had any). That’s your decision, I guess. I
> don’t think
> anyone else in this forum is going down the same road as you.
> 
>   - mark

Hi Mark,
I agree they have no idea, as per my previous to Ross, but they are 
enforcing the law and so there word has to be taken until its ruled 
invalid after being challenged by someone with deeper pockets than you 
or I.

(as per top para to Ross, please reply to list, not direct, else you 
might not get any reply for another 10 days :)




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