[AusNOG] Data Retention

[Chad Kelly]

On 9/25/2015 12:34 PM, Ross Wheeler wrote:
>
>
> 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)
>
>
Hi Ross.
I did read this the other day.
Its complicated I am in discussions with my legal team at the moment, I 
spoke to the AGD last week after they rejected my DRIP application and 
they were not as worried about not having my own network or IP range.

One of my clients is quite high profile take a look at my web design 
portfolio and follow the links to Karl Brandon's site 
www.cpkws.com.au/webdesign.php and have a look at the news article 
linked on the news page.
Decided not to share this with the list even though some of the content 
is publicly available, the AGD probably read the list as well.
Regards Chad.

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