The US government will restrict the use of commercial spyware tools that have been used to spy on human rights defenders, journalists and dissidents around the world, according to an executive order issued Monday by President Joe Biden.
The executive order responds to concerns in the United States and other parts of the world about programs that can capture text messages and other cell phone data. Some programs, called “zero-click,” can infect a phone without requiring the user to click on a malicious link.
Governments around the world, including the United States, are also known to collect large amounts of data for intelligence and policing purposes, including communications from their own citizens. The proliferation of commercial spyware has made powerful tools already available to smaller countries, but it has also created what researchers and human rights advocates warn are opportunities for abuse and repression.
The White House released the executive order ahead of its second democracy summit this week. The executive order “demonstrates America’s leadership and commitment to advancing technology for democracy, including countering the misuse of commercial spyware and other surveillance technology,” the White House said in a statement.
Biden’s order, billed as a ban on the use of commercial spyware “that poses risks to national security,” allows for some exceptions.
The order will require the head of any US agency using commercial software to certify that the software does not pose a significant counterintelligence or other security risk, a senior official said.
Among the factors that will be used to determine the level of security risk is whether a foreigner has used the program to monitor US citizens without legal authorization or to monitor human rights defenders or other dissidents.
“It is intended to be a high standard, but it also includes corrective measures that can be taken… where a company can argue that their tool has not been misused,” said the official, who spoke to reporters on condition of anonymity. to White House rules.
The White House will not publish a list of prohibited programs as part of the executive order, the official said.
