Document ID: chunk:federal_register_of_legislation:C2015A00039:clause:1_187a:p2
Version: federal_register_of_legislation:C2015A00039
Segment Type: clause
Provision Reference: sch 1 cl 187A (pt 2/3)
Character Range: 6103–8935

or cause to be kept:
 (a) information that is the contents or substance of a communication; or
Note: This paragraph puts beyond doubt that service providers are not required to keep information about telecommunications content.
 (b) information that:
 (i) states an address to which a communication was sent on the internet, from a telecommunications device, using an internet access service provided by the service provider; and
 (ii) was obtained by the service provider only as a result of providing the service; or
Note: This paragraph puts beyond doubt that service providers are not required to keep information about subscribers' web browsing history.
 (c) information to the extent that it relates to a communication that is being carried by means of another service:
 (i) that is of a kind referred to in paragraph (3)(a); and
 (ii) that is operated by another person using the relevant service operated by the service provider;
  or a document to the extent that the document contains such information; or
Note: This paragraph puts beyond doubt that service providers are not required to keep information or documents about communications that pass "over the top" of the underlying service they provide, and that are being carried by means of other services operated by other service providers.
 (d) information that the service provider is required to delete because of a determination made under section 99 of the Telecommunications Act 1997, or a document to the extent that the document contains such information; or
 (e) information about the location of a telecommunications device that is not information used by the service provider in relation to the relevant service to which the device is connected.
 (5) Without limiting subsection (1), for the purposes of this section:
 (a) an attempt to send a communication by means of a relevant service is taken to be the sending of a communication by means of the service, if the attempt results in:
 (i) a connection between the telecommunications device used in the attempt and another telecommunications device; or
 (ii) an attempted connection between the telecommunications device used in the attempt and another telecommunications device; or
 (iii) a conclusion being drawn, through the operation of the service, that a connection cannot be made between the telecommunications device used in the attempt and another telecommunications device; and
 (b) an untariffed communication by means of a relevant service is taken to be a communication by means of the service.
 (6) To avoid doubt, if information that subsection (1) requires a service provider to keep in relation to a communication is not created by the operation of a relevant service, subsection (1) requires the service provider to use other means to create the information, or a document containing the