Document ID: chunk:federal_register_of_legislation:F2024C01110:schedule:2:p1
Version: federal_register_of_legislation:F2024C01110
Segment Type: schedule
Provision Reference: sch 2 (pt 1/12)
Character Range: 179777–182785

Schedule 2—Agreement between the Government of Australia and the Government of the United States of America on Access to Electronic Data for the Purpose of Countering Serious Crime
Note: See section 26A.

AGREEMENT

BETWEEN

THE GOVERNMENT OF AUSTRALIA

AND

THE GOVERNMENT OF THE UNITED STATES OF AMERICA

ON

ACCESS TO ELECTRONIC DATA FOR THE PURPOSE OF COUNTERING SERIOUS CRIME

Agreement between the Government of Australia and the Government of the United States of America on Access to Electronic Data for the Purpose of Countering Serious Crime

The Government of Australia and the Government of the United States of America (hereinafter the "Parties");

Prompted by the Parties' mutual interest in enhancing their cooperation for the purpose of protecting public safety and combating serious crime, including terrorism;

Recognizing that timely access to electronic data for authorized law enforcement purposes is an essential component in this effort;

Emphasizing the importance of, and common commitment to, respecting the protection of privacy, human rights and civil liberties, including freedom of speech, and the rule of law;

Noting the harms of data localization requirements to a free, open, and secure Internet, and endeavoring to avoid such requirements; and

Recognizing that both Parties' respective legal frameworks for accessing electronic data incorporate appropriate and substantial safeguards for protecting privacy and civil liberties, including, as applicable, the requirements of probable cause or reasonable grounds to suspect, and independent review or oversight, when accessing the content of communications;

Have agreed as follows:

     Article 1: Definitions
For the purposes of this Agreement:

  1.       Account means the means, such as an account, telephone number, or addressing information, through which a user gains personalized access to a Computer System or telecommunications system.

  2.       Australian Person means (i) a citizen of Australia; (ii) a permanent resident of Australia; (iii) an unincorporated association with a substantial number of members of which fall into subparagraphs (i) or (ii); or (iv) a corporation that is incorporated in Australia.

  3.       Computer System has the meaning set forth in Chapter 1 Article 1a of the Council of Europe Convention on Cybercrime: any device or a group of interconnected or related devices, one or more of which, pursuant to a program, performs automatic processing of data.

  4.       Covered Data means the following types of data when possessed or controlled by a private entity acting in its capacity as a Covered Provider: content of an electronic or wire communication; computer data stored or processed for a user; traffic data or metadata pertaining to an electronic or wire communication or the storage or processing of computer data for a user; and Subscriber Information when sought pursuant to an Order that also seeks any of the other types of data referenced in this