• AUSFTA recognises the importance of there being no
  barriers to trade conducted electronically
• Australia is still able to regulate for public policy
  purposes
• Trade and investment is encouraged by further
  facilitating electronic commerce

Summary

Australia and the United States have agreed not to impose
customs duties on digital products or to discriminate in favour
of one form of the same digital product over another. An
online soundtrack, for example, will not be taxed differently
to the same soundtrack on a compact disc.

Both countries have reaffirmed that products should not be
discriminated against just because they are traded
electronically. For example, an architectural plan
delivered by email should be treated just the same as if it is
delivered in the regular mail.

Australia and the United States will recognise digital
certificates issued by each government (so that an Australian
business can deal directly online with a US government entity).
Online versions of customs documents will be made
available and accepted as the equivalent of paper versions.

Gains for Australia

• Trade and investment with the United States will be
  easier and more convenient for Australian businesses and
  consumers.
• Importantly, none of what has been agreed undermines our
  capacity to ensure that Australian stories and voices are
  heard and seen in Australian media.
• Both countries retain the right to regulate electronic
  commerce for legitimate public policy reasons, such as public
  morals, health, welfare, and education.
• In addition, there is no bar to either country
  introducing new measures to tackle problems unique to
  electronic commerce, such as online gambling and email
  spam.