Growing Coalition of Governments Join the U.S. In Countering the Proliferation and Misuse of Commercial Spyware

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Growing Coalition of Governments Join the U.S. In Countering the Proliferation and Misuse of Commercial Spyware
03/18/2024 09:40 AM EDT

Today, at the third Summit for Democracy in Seoul, South Korea, Secretary Blinken announced that Finland, Germany, Ireland, Japan, Poland, and the Republic of Korea have joined the Joint Statement on Efforts to Counter the Proliferation and Misuse of Commercial Spyware, launched by an inaugural group of 11 like-minded countries at the second Summit for Democracy. The Joint Statement collectively affirms the threat posed by the misuse of commercial spyware, and countries commit to working within their domestic systems to establish robust guardrails to counter the proliferation and misuse of this sophisticated surveillance technology.  

The United States’ flagship side event at the third Summit for Democracy, “Galvanizing Multi-Stakeholder Action to Combat the Misuse of Commercial Spyware,” highlighted the new Joint Statement countries and, for the first time, provided a platform for a victim of commercial spyware to share his experiences with ministers and other high-level participants from across the globe. The event also featured an investigative journalist and representatives from a technology company and the investor community.  

On March 19, the second day of the Summit, the Joint Statement countries will meet in person for the first time. It will be an opportunity to share best practices and lessons learned, and identify opportunities to most effectively counter the misuse of commercial spyware.  

At the second Summit for Democracy in March 2023, the United States announced key initial actions related to commercial spyware:   

  • President Biden signed the ground-breaking Executive Order Prohibiting the Use of Commercial Spyware that Poses Risks to National Security to restrict U.S. Government use of commercial spyware, which reflects the United States’ commitment to lead by example; 
  • The U.S. Government released, along with over 45 countries, new Guiding Principles on Government Use of Surveillance Technologies, which illustrate how governments can maintain their commitment to respect democratic values and protect human rights in the responsible use of surveillance technology. 

Over the past year, the United States has implemented a government-wide approach to counter the proliferation and misuse of commercial spyware, including  

  • On March 7, 2024, the White House convened members of the investor community, for the first time, for a dialogue on responsible investment of trusted capital in a number of domains with national security implications, including commercial spyware, artificial intelligence, and cyber, among others. At this event, the investors announced a set of voluntary principles and commitments to guide investments in ways that promote the values of free and open societies; 
  • On March 5, 2024, the U.S. Treasury Department imposed financial sanctions on five entities and two individuals involved with commercial spyware entities that pose a counterintelligence threat to U.S. Government personnel and have flouted calls for safeguards while continuing to enable human rights abuses. This is the first time that the U.S. Government has applied sanctions to actors involved in commercial spyware misuse;    
  • On February 6, 2024, the United States joined the United Kingdom-France-led Pall-Mall Process which brought together international partners and stakeholders to address the proliferation and irresponsible use of commercial cyber intrusion tools and services; 
  • On February 5, 2024, the Department of State announced a new visa ban policy to block entry to the United States for individuals involved in or who profited from the misuse of commercial spyware; 
  • On October 4, 2023, the State Department worked with 59 other countries at the Human Rights Council in Geneva to issue a joint statement on Heightened Risks Associated with Surveillance Technologies & the Importance of Safeguards;
  • On July 18, 2023, the Department of Commerce imposed export controls on four commercial spyware entities for engaging in trafficking in cyber exploits used to gain access to information systems, threatening the privacy and security of individuals and organizations worldwide. 

Taken together, these actions demonstrate U.S. leadership in countering the threats posed by the proliferation and misuse of commercial spyware and send a strong signal that those who misuse, or enable the misuse, of this technology will face consequences. 


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