Information that Australian law enforcement authorities collate using the country's 2018 encryption laws will be freely available to their US counterparts under the provisions of a new law which is currently the subject of a parliamentary inquiry, a legal expert says.
The Federal Government has introduced legislation into parliament to make it possible for foreign countries to access stored or intercepted communications and telecommunications data within Australia, with Australia able to have reciprocal rights.
Software behemoth Microsoft has challenged an order from a US federal judge that prevents it from telling one of its big corporate customers that the Federal Government has issued a warrant to gain access to the customer's data.
Australian Government data stored by American companies which have been certified as Protected cloud providers is not subject to the US CLOUD Act, which allows Washington to obtain data stored overseas by American companies in the event that it is deemed to be needed by law enforcement authorities.
ANALYSIS The Australian encryption laws were devised for one reason: so that spy agencies could get back on an equal footing with technology firms and have a big stick with which to beat them whenever they want.
Objections have been raised to a likely deal between the US and the UK that would give London the right to gain access to data held by American tech firms.
Microsoft may finally have to hand over emails stored on a server in Ireland, after the US Supreme Court ended a four-year-old case between the company and the Department of Justice, declaring it was moot due to a new law about access to digital material stored abroad by US technology firms.
Australia is expected to seek an agreement with the US in order to gain access to data located there when needed upon execution of a local warrant with a US tech outfit.
Efforts by US law enforcement agencies to gain access to email stored overseas by American companies have been resolved through a piece of legislation tagged onto a massive spending bill which was signed into law by US President Donald Trump.
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