The executive order signed by U.S. President Joe Biden on Monday restricting the use of commercial spyware by federal government agencies has raised concerns about the potential risks it could pose for counterintelligence, national security, and human rights violations. The order sets out criteria under which commercial spyware could be disqualified for use by U.S. government agencies, including – purchases of commercial spyware by foreign governments or persons to target the U.S. government, sales of commercial spyware to governments with a record of political repression and human rights violations, and foreign threat actors using spyware to keep tabs on U.S. citizens without authorization. While the order stops short of an outright ban, it does leave open the possibility of other kinds of spyware devices, such as IMSI catchers, being used by government agencies.
Reports indicate that sophisticated and invasive surveillance tools are being increasingly deployed to access electronic devices remotely without users’ knowledge or consent, and that about 50 U.S. government officials in senior positions in at least 10 countries are estimated to have been infected or targeted by such spyware to date. The executive order seeks to ensure that the government’s use of such tools is done in a manner that’s “consistent with respect for the rule of law, human rights, and democratic norms and values.”
Key Points:
• U.S. President Joe Biden has signed an executive order restricting the use of commercial spyware by federal government agencies.
• The order sets out criteria under which commercial spyware could be disqualified for use by U.S. government agencies, including purchases of commercial spyware by foreign governments or persons to target the U.S. government.
• Reports indicate that sophisticated and invasive surveillance tools are being increasingly deployed to access electronic devices remotely without users’ knowledge or consent.
• The executive order seeks to ensure that the government’s use of such tools is done in a manner that’s “consistent with respect for the rule of law, human rights, and democratic norms and values.”