Jessy Edwards  |  April 6, 2023

Category: Legal News

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The Presidential Seal on a desk, representing President Biden limiting government use of commercial surveillance software
(Photo Credit: Salma Bashir Motiwala/Shutterstock)

Biden surveillance software overview: 

  • Who: The Biden administration announced an executive order that will see the government restrict its use of commercial spyware tools.
  • Why: The tools can be used against the U.S. government when in the wrong hands.
  • Where: The Biden surveillance software executive order applies to the United States.

The U.S. government will stop using commercial surveillance software that poses significant counterintelligence or security risks, thanks to an executive order signed by President Joe Biden.

On March 27, the Biden administration announced the executive order, which will see the government restrict its use of commercial spyware tools that have been used to surveil human rights activists, journalists and dissidents around the world, and risk further “improper use” by a foreign government or foreign person. 

Foreign governments and persons have used commercial spyware to target and intimidate perceived opponents; curb dissent; limit freedoms of expression, peaceful assembly or association; enable other human rights abuses or suppression of civil liberties; and track or target United States persons without proper legal authorization, safeguards or oversight, the order says.

To meet its national security and foreign policy responsibilities, the government has a role to play in ensuring that any federal use of commercial spyware does not contribute to the proliferation of commercial spyware that has been misused by foreign governments or facilitate such misuse, the administration said. 

“Therefore, I hereby establish as the policy of the United States Government that it shall not make operational use of commercial spyware that poses significant counterintelligence or security risks to the United States Government or significant risks of improper use by a foreign government or foreign person,” President Joe Biden said.

Government barred from using spyware sold to governments violating human rights

The White House released the executive order in advance of its second summit for democracy this week. It also disclosed that it believes spyware tools have been used 50 times to target U.S. personnel in at least 10 countries. 

U.S. officials, including in law enforcement and intelligence, will also be prohibited from using spyware that bears “significant risks of improper use by a foreign government or foreign person, including to target Americans or enable human rights abuses,” or which has been found to have been used to target U.S. government devices in the past, the announcement said.

The order also bars the U.S. government from using any spyware tool that has been sold to governments “for which there are credible reports that they engage in systematic acts of political repression, including arbitrary arrest or detention, torture, extrajudicial or politically motivated killing, or other gross violations of human rights,” a White House fact sheet said.

In March 2022, Biden issued an urgent warning over impending Russian cyberattacks, telling U.S. business leaders to immediately strengthen their companies’ cyber defenses as Russia’s potential actions could affect consumers.

What do you think of the Biden executive order? Let us know in the comments! 


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