The US government is taking actions to limit the utilization of commercial spyware tools by issuing an executive order from President Joe Biden on Monday. This order prohibits the use of such tools in surveilling human rights activists, journalists, and dissidents. The White House stated that the purpose of this order is to showcase the US’s commitment to promoting technology for democracy and preventing the misuse of commercial spyware and other surveillance technology. As per the order, the head of any US agency using commercial spyware must certify that it does not pose a security risk. Exceptions may be made if the program has not been used by a foreign actor to unlawfully monitor US citizens or to surveil human rights activists and other dissidents without legal authorization.
The executive order is in response to the proliferation of commercial spyware tools, which have made powerful tools newly available to smaller countries, but also created what researchers and human-rights activists warn are opportunities for abuse and repression. Perhaps the best known example of spyware, the Pegasus software from Israel’s NSO Group, has been used to target more than 1,000 people across 50 countries. U.S. law enforcement and intelligence agencies have been limited in their use of commercial spyware, and the White House believes 50 devices used by U.S. government employees, across 10 countries, have been compromised or targeted by commercial spyware.
Congress last year required U.S. intelligence agencies to investigate foreign use of spyware and gave the Office of the Director of National Intelligence the power to ban any agency from using commercial programs. The Biden administration has taken this step in an effort to set new global standards for the industry. However, more steps must be taken by other democracies to truly fight against abuse and repression of commercial spyware.
Key Points:
- The U.S. government has issued an executive order restricting its use of commercial spyware tools for surveiling human rights activists, journalists, and dissidents.
- Commercial spyware tools have made powerful tools newly available to smaller countries, creating opportunities for abuse and repression.
- The executive order requires the head of any U.S. agency using commercial spyware to certify that the program does not pose a security risk.
- The Biden administration has taken this step in an effort to set new global standards for the industry, but more steps must be taken by other democracies to truly fight against abuse and repression of commercial spyware.