This gets back to the definition of “electronic service provider” and how enormously open-ended it is. The government has refused to put clear limits on that. The government, of course, can scope folk in as a core service provider for undefined reasons in the future. The baseline definition of electronic service provider includes basically everyone who handles data. Of course, the minister has the power to issue any of the orders requiring any of the features it requires of a core provider or of a non-core provider in the future.
We continue to realize just how extraordinarily broad this is in scope. Does that mean the minister would abuse it on day one? No, not necessarily—but having it so broad textually is very problematic.
