The Joint Standing Committee on Treaties has recommended the Australian Government ratifies the 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 (CLOUD Act Agreement).

Media release issue date: Tuesday, 13 December 2022

The Joint Standing Committee on Treaties has recommended the Australian Government ratifies the 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 (CLOUD Act Agreement). Committee Chair, Mr Josh Wilson MP said, “if certain conditions are met, the CLOUD Act Agreement would allow Australian authorities to seek an Order under Australian law to obtain data related to a serious offence from communications service providers that operate under the jurisdiction of the United States, and vice versa.” “The CLOUD Act Agreement would provide an agreed administrative mechanism so that providers in the receiving country can comply with Orders without the necessity of law enforcement or intelligence agencies relying on mutual legal assistance arrangements, while still requiring certain steps to be followed for the CLOUD Act Agreement to be properly invoked”, Mr Wilson said. The Committee agreed that current processes for obtaining data from United States (US) communications service providers under the mutual legal assistance treaty (MLAT) process can be cumbersome and not necessarily suited to modern communications, data storage, and cloud computing. The CLOUD Act Agreement would complement but significantly improve on the current MLAT process for the acquisition of data held by US communications service providers. The Committee did, however, examine a range of issues with the CLOUD Act Agreement, including implications for civil liberties, reporting on and oversight of Orders, and consultation during negotiations. The Committee encouraged the Australian Government to be mindful that consultation, reporting, and oversight are critical integrity elements that should be applied appropriately where surveillance or other incursions into privacy are involved. The Report can be found on the Committee website, along with further information on the inquiry. Media inquiries Mr Tim Watkin, Chief of Staff 0434 555 823 For background information Committee Secretariat 02 6277 4002 jsct@aph.gov.au For more information about this Committee, you can visit its website. On the site, you can make a submission to an inquiry, read other submissions, and get details for upcoming public hearings. You can also track the Committee and receive email updates by clicking on the blue ‘Track this Committee’ button in the bottom right hand corner of the page.

The Joint Standing Committee on Treaties will hold a public hearing on Wednesday 12 October 2022 into two treaties.

Media release issue date: Tuesday, 11 October 2022

The Joint Standing Committee on Treaties will hold a public hearing on Wednesday 12 October 2022 into two treaties. The Agreement between Australia and Japan concerning the Facilitation of Reciprocal Access and Cooperation between the Australian Defence Force and the Self‑Defense Forces of Japan would provide a legal framework to facilitate defence cooperation between Australia and Japan and define the status of the Visiting Force and Civilian Component of a Party while in the territory of the other Party. The Committee will be hearing from witnesses who have made submissions addressing a range of matters including the criminal justice elements of the treaty, particularly the Annex and Record of Discussion that deal with the death penalty. The Committee will also hear from submitters to the 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 (Australia-US Cloud Act Agreement). The Australia-US Cloud Act Agreement would allow Australian authorities to seek an Order under Australian law to obtain the electronic data of a Covered Person where it relates to a serious offence, directly from communication service providers that operate under the jurisdiction of the US, and vice versa. Committee Chair, Mr Josh Wilson MP, said “The Committee looks forward to hearing from a range of representative as it progresses its inquiries into these two important treaties.” Public hearing details Date: Wednesday, 12 October 2022 Time: 9.10 am – 3.10 pm AEDT The program for this hearing is also available online: Australia-Japan RAA and Australia-US Cloud Act Agreement. Further information on the inquiries can be found on the Committee website. Media inquiries Mr Tim Watkin, Chief of Staff 0434 555 823 For background information Committee Secretariat 02 6277 4002 jsct@aph.gov.au For more information about this Committee, you can visit its website. On the site, you can make a submission to an inquiry, read other submissions, and get details for upcoming public hearings. You can also track the Committee and receive email updates by clicking on the blue ‘Track Committee’ button in the bottom right-hand corner of the page.

The Joint Standing Committee on Treaties will hold a public hearing on Wednesday 14 September 2022 into the 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 (Australia-US Cloud Act Agreement).

Media release issue date: Tuesday, 13 September 2022

The Joint Standing Committee on Treaties will hold a public hearing on Wednesday 14 September 2022 into the 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 (Australia-US Cloud Act Agreement). The Australia-US Cloud Act Agreement would allow Australian authorities to seek an Order under Australian law to obtain the electronic data of a Covered Person where it relates to a serious offence, directly from communication service providers that operate under the jurisdiction of the US, and vice versa. Committee Chair, Mr Josh Wilson MP, said ‘The Committee looks forward to hearing from representatives from the Attorney-General’s Department and the Department of Foreign Affairs and Trade as it progresses its inquiry into the Australia-US Cloud Act Agreement.’ ‘The Australia-US Cloud Act Agreement would enliven the International Production Order regime of the Telecommunications (Interception and Access) Act 1979 (TIA Act) and the Committee will be interested in exploring the interface between the agreement and the TIA Act.’ Public hearing details Date: Wednesday 14 September 2022 Time: 11.55am (approx) – 1.45 pm AEST The program for this hearing is also available online. Further information on the inquiry can be found on the Committee website. Media inquiries Ms Katharine Longley, Media Adviser 08 9335 8555 For background information Committee Secretariat 02 6277 4002 jsct@aph.gov.au For more information about this Committee, you can visit its website. On the site, you can make a submission to an inquiry, read other submissions, and get details for upcoming public hearings. You can also track the Committee and receive email updates by clicking on the blue ‘Track Committee’ button in the bottom right hand corner of the page.