Technology

Biden Administration Issues Executive Order Prohibiting Federal Agencies from Utilizing Commercial Spyware

CryptoCove December 22, 2024

Biden Administration Takes Action Against Commercial Spyware

The Biden administration has announced a new executive order that aims to broadly ban U.S. federal agencies from using commercially developed spyware that poses threats to human rights and national security.

Background on Commercial Spyware

Human rights defenders and security researchers have for years warned of the risks posed by commercial spyware, created in the private sector and sold almost exclusively to governments and nation states. This powerful surveillance technology often exploits previously undisclosed flaws found in an iPhone or Android’s software to steal a person’s photos, contacts, call logs, messages, and real-time location data.

The Risks of Commercial Spyware

While governments claim to exclusively use the technology for investigating serious crimes, critics say the spyware has been deployed against journalists, lawyers, and human rights defenders, often those who are vocally critical of their governments. The misuse of these surveillance tools is not limited to authoritarian regimes; democratic governments, including European nations like Greece, Spain, and Poland, have also relied on commercial spyware.

The Biden Administration’s Executive Order

In a call with reporters ahead of the order’s signing, Biden administration officials said that the United States was trying to get ahead of the problem and set standards for other governments and its allies, which buy and deploy commercial spyware. The order is the latest action taken by the government in recent years, including banning some spyware makers from doing business in the U.S. and passing laws aimed at limiting the use and procurement of spyware by federal agencies.

The Criteria for Banned Spyware

Officials wouldn’t name the specific spyware affected by the executive order, though the criteria would likely affect known government spyware makers and vendors known to sell to authoritarian governments that commit human rights abuses. The officials said the order includes both domestic and foreign-made spyware, as not to incentivize companies to relocate to the United States. However, the list of banned spyware would not necessarily be made public.

The Impact on U.S. Federal Agencies

Biden administration officials declined to tell reporters Monday if other U.S. federal agencies are operationally using commercial spyware. The order is the latest in a rash of responses by the executive branch in recent weeks following years of congressional inaction, including gun violence and voting access.

The Executive Order: A Step Towards Setting Standards

The Biden administration’s executive order aims to set standards for other governments and its allies, which buy and deploy commercial spyware. This move is seen as a step towards addressing the misuse of these surveillance tools and protecting human rights defenders, journalists, and lawyers from being targeted by governments.

The Risks of Commercial Spyware: A Global Issue

The use of commercial spyware is not limited to authoritarian regimes; democratic governments have also relied on this technology. The case of Artemis Seaford, a former Meta trust and safety manager who was hacked by the Predator spyware, likely at the behest of the Greek government, highlights the risks of commercial spyware.

The Need for Regulation

Governments and international organizations are calling for regulations to address the misuse of commercial spyware. In a recent UN Security Council meeting, governments called for regulations on spyware, highlighting the need for a global approach to addressing this issue.

Conclusion

The Biden administration’s executive order is a step towards addressing the misuse of commercial spyware and protecting human rights defenders, journalists, and lawyers from being targeted by governments. The use of commercial spyware is a global issue that requires a coordinated response from governments and international organizations to address the risks posed by this technology.

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