Document ID: chunk:federal_register_of_legislation:F2024C01110:schedule:2:p3
Version: federal_register_of_legislation:F2024C01110
Segment Type: schedule
Provision Reference: sch 2 (pt 3/12)
Character Range: 185267–188325

located in the territory of the Receiving Party.

  14.   Receiving Party means the Party, including political subdivisions thereof, other than the Issuing Party.

  15.   Serious Crime means an offense punishable by a maximum term of imprisonment of at least three years.

  16.   Subscriber Information means information that identifies a subscriber or customer of a Covered Provider, including name, address, length and type of service, subscriber number or identity (including assigned network address and device identifiers) telephone connection records, records of session times and durations, and means of payment.

  17.   U.S. Person means: (i) a citizen or national of the United States; (ii) a person lawfully admitted for permanent residence in the United States; (iii) an unincorporated association a substantial number of members of which fall into subparagraphs (i) or (ii); or (iv) a corporation that is incorporated in the United States.

     Article 2: Purpose of the Agreement
The purpose of this Agreement is to advance public safety and security, and to protect privacy rights, civil liberties, and an open Internet, by resolving potential conflicts of legal obligations when communications service providers are served with Legal Process from one Party for the production or preservation of electronic data, where those providers may also be subject to the laws of the other Party. To that end, this Agreement provides an efficient, effective, and privacy‑protective means for each Party to obtain electronic data for the purposes of prevention, detection, investigation, and prosecution of serious crime in a manner consistent with its domestic legal framework and the domestic legal framework of the other Party, and use that data subject to appropriate targeting and use restrictions and privacy protections, and consistent with each Party's international human rights and other international law obligations.

     Article 3: Domestic Law and Effect of the Agreement
    1.            Each Party undertakes to ensure that its domestic laws relating to the preservation, authentication, disclosure, and production of electronic data permit Covered Providers to comply with Legal Process. Each Party shall advise the other of any material changes in its domestic laws that would substantially frustrate or impair the operation of this Agreement.

    2.            The provisions of this Agreement referring to an Order subject to this Agreement shall apply to an Order as to which the Issuing Party invokes this Agreement and notifies the relevant Covered Provider of that invocation. Any legal effect of Legal Process derives solely from the law of the Issuing Party. Covered Providers retain otherwise existing rights to raise applicable legal objections to Legal Process.

    3.            Each Party in executing this Agreement recognizes that the domestic legal framework of the other Party, including the implementation of that framework, affords robust substantive and procedural protections for privacy and civil liberties