[AusNOG] Legal Challenge To Meta Data Laws

Wed Sep 30 07:01:30 EST 2015

Hi Paul

I totally agree with you to be totally honest this process has been a complete joke and look I don’t know where too from here sure we can all put money into a fighting fund and take it through court as an industry but really knowing how the Commonwealth legal process works we could be in court for years….. I think now we have Malcolm as PM the best thing we can do first is lobby to have the laws taken away from Brandis put them into the Communications portfolio and then have amendments made to bring all these laws into line….

Open to ideas and comments….

Regards

Andrew

From: AusNOG on behalf of Paul Wilkins
Date: Tuesday, 29 September 2015 4:17 pm
To: "ausnog at lists.ausnog.net<mailto:ausnog at lists.ausnog.net>"
Subject: Re: [AusNOG] Legal Challenge To Meta Data Laws

I think there's good reasons for some of the far reaching claims that have been made. Before the bill was law, hyperbole got ramped up because people were concerned just being reasonable would see them ignored. But now, even with the law passed, ACMA and CAC can't present a consistent interpretation. Even within CAC there's different and inconsistent views.

I assume Noel you weren't suggesting anything I've said is far fetched. I'd take a dim view to the imputation.

Kind regards

Paul Wilkins

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On 29 September 2015 at 15:57, Noel Butler <noel.butler at ausics.net<mailto:noel.butler at ausics.net>> wrote:

On 29/09/2015 14:16, Paul Wilkins wrote:

The BSA relies on the Telco Act for its definition of service provider. In the final analysis, it comes down to whether you provide communications over directed electromagnetic radiation.

Disagree, I'm not repeating as to why, its in archives and I hate repeating myself :)

Beyond this, it's dependent what CAC can bully you into.

CAC didnt bully me into anything, I've always kept what they want and some, my email servers logs go back to 2008 and I have no plans on shrinking it.

What I find dangerous is the so called experts who are running around with extreme FUD, no, actually I'd go further to say deliberate lies in trying to scare people that ISPs must retain DNS lookups, which is utter bullshit and they know it, sadly the gullible media of course fall for it, in the old days journos would verify claims by going to the horses mouth, these days, well, you only have to watch the nightly news broadcasts to see how much they rely on facebook for their stories, sad really, and really sad.

There are valid gripes about this law, but if you start far fetching, you lose total credibility and will not be taken seriously again, so next time you make a submission to govt, they'll classify you as in the crackpot list and wont even bother reading it.

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