[AusNOG] (Abuse of) mandatory data retention information.

[Noel Butler]

On 02/05/2018 14:30, Ross Wheeler wrote:

> On Wed, 2 May 2018, Noel Butler wrote:
> 
>> This has been going on for decades, nothing to do with DR
> 
> Yes and no.
> Section 282 certificate was an instrument we were given that removed the risk from us, because someone gave us that certificate which made giving up that information unambiguously legal from our perspective. Also, prior to DR we had basically no legal obligation to retain some (or any) data.
> 
> After DR, two things have changed.
> 1. We have a legal obligation to capture and securely retain a
> whole pile of things.
> 2. We are required to give extracts of that information
> when requested, and but DO NOT REQUIRE A WARRANT.

No, only number 1 is new, and as for ISP's (not telcos) Id hardly call
radius and email logs a "whole pile of things", I'd also not call it
that for those offering phone services either since clients like to
lookup to see their recent history they would be keeping that for a
while anyway, OK, so maybe now you gotta keep that for 2 years with no
choice, rather than a year or just months, but its hardly earth
shattering for typical ISPs. 

Actual real Telcos that provide cell towers and so on, also not much
changes, certain telcos admitted they already keep the details for 7
bloody years, 5 years more than now minimally required to. 

And #2 has always been the case under s282, I recall doing them as far
back as 2002 

> Yes, yes, data INTERCEPTION is a different thing, and PRE-MANDATORY-DR legislation, a warrant or similar instrument was required - BUT NOT NOW.

huh? where do you get interception from or are you just moving the goal
posts to suit your story, your OP never mentions a word of it, and
nobody has unless I missed a post or three, is talking about
interception, which does require a warrant, your post was a bout user
joe blogs information which never has required it, DR or no DR. 

> I find it difficult to believe so many seem to be so badly mis-informed.

Yes, indeed, there are a few mis-informed here. 

-- 
Kind Regards, 

Noel Butler 

 		This Email, including any attachments, may contain legally privileged
information, therefore remains confidential and subject to copyright
protected under international law. You may not disseminate, discuss, or
reveal, any part, to anyone, without the authors express written
authority to do so. If you are not the intended recipient, please notify
the sender then delete all copies of this message including attachments,
immediately. Confidentiality, copyright, and legal privilege are not
waived or lost by reason of the mistaken delivery of this message. Only
PDF [1] and ODF [2] documents accepted, please do not send proprietary
formatted documents 

 

Links:
------
[1] http://www.adobe.com/
[2] http://en.wikipedia.org/wiki/OpenDocument
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://lists.ausnog.net/pipermail/ausnog/attachments/20180502/94cf0336/attachment.html>