Sunday, October 29, 2023

Biden Restricts Commercial Spyware with Executive Order

Date:

The United States President, Joe Biden, has signed an executive order that restricts the government’s use of commercial spyware technology. The move comes amid accusations that governments around the world have been using spyware to target political dissidents. The order was announced on Monday, more than a year after the Biden administration imposed sanctions on the Israeli spyware manufacturer NSO Group. The company’s Pegasus software has been linked to the surveillance of hundreds of political figures, journalists, and human rights advocates.

The White House said in a statement that the misuse of powerful surveillance tools has not been limited to authoritarian regimes. Democratic governments have also been accused of using commercial spyware to target their citizens without proper legal authorization, safeguards, and oversight. The order includes exceptions for government agencies to use spyware programs if the agency head determines that the software does not pose a counterintelligence or national security risk.

However, human rights groups have warned that commercial spyware has made surveillance tools more widely available. Countries such as Mexico, El Salvador, Saudi Arabia, and the United Arab Emirates have been accused of using the software to target journalists and human rights groups. The White House also confirmed on Monday that US government personnel abroad “have been targeted by commercial spyware” without providing details.

In December 2021, Reuters reported that NSO Group software had been used to hack the phones of at least nine staff members at the US Department of State. Privacy advocates have welcomed Monday’s executive order. John Scott-Railton, a researcher at the University of Toronto’s Citizen Lab who has studied spyware, told the Associated Press that the US had not previously “wielded its purchasing power to push the industry to do better”.

The decision also does not apply to spyware created by government institutions such as the Central Intelligence Agency and National Security Agency, both of which have histories of unlawful surveillance activities. The move comes as the US prepares to host a “summit for democracy” later this week.

The use of spyware to target political dissidents has become a major concern for governments around the world. The NSO Group has been at the forefront of global discussions of spyware abuse, with its Pegasus software being linked to the surveillance of hundreds of political figures, journalists, and human rights advocates. The company has denied any wrongdoing and says that its software is only used to target criminals and terrorists.

The executive order signed by President Biden is a significant step in the fight against the misuse of spyware. It sends a clear message that the US government will not tolerate the use of commercial spyware to target political dissidents or violate human rights. However, it remains to be seen how effective the order will be in practice, given that government agencies are still allowed to use spyware programs if they determine that they do not pose a counterintelligence or national security risk.

In conclusion, the signing of the executive order by President Biden is a positive development in the fight against the misuse of spyware. It is a clear signal that the US government takes the issue seriously and is willing to take action to protect the rights of its citizens and those around the world. However, more needs to be done to ensure that commercial spyware is not used to violate human rights or target political dissidents.

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