Biden Administration Targets Misuse of Commercial Spyware with New Visa Policy
In a significant move to combat the misuse of commercial spyware, the Biden administration unveiled a new policy on Monday, aimed at imposing visa restrictions on individuals involved in the illicit use of such technologies. The policy, announced by Secretary of State Antony Blinken, marks a concerted effort to address the growing global concern over the deployment of spyware in repressive acts, infringing on privacy, and undermining fundamental freedoms.
Under this new directive, individuals implicated in the misuse of commercial spyware to target journalists, activists, dissidents, marginalized communities, or their family members may face stringent visa restrictions. This also extends to individuals who facilitate or financially benefit from the spyware’s misuse. Blinken, in his announcement, emphasized the alarming role of commercial spyware in facilitating repression, obstructing information flow, and enabling human rights abuses, with the worst cases linked to arbitrary detentions, forced disappearances, and extrajudicial killings.
The introduction of this policy follows President Biden’s executive order nearly a year ago, which curtailed the U.S. government’s use of commercial spyware deemed a risk to national security. The order necessitated certification from U.S. agency heads that their use of commercial spyware does not pose significant counterintelligence or security threats.
The timing of this policy is poignant, reflecting the administration’s proactive stance against the surge in hacks targeting U.S. government employees by commercial spyware, notably following the effective blacklisting of Israel’s NSO Group, a major player in the spyware market.
While officials refrained from naming specific individuals poised to be immediately affected by the visa restrictions, the policy casts a wide net, applicable to citizens from any country implicated in the malicious use of spyware, regardless of visa waiver agreements with the U.S.
The State Department, adhering to the confidentiality of visa records under U.S. law, is not expected to publicly disclose the names of individuals impacted by the policy. However, Ron Deibert, director of the University of Toronto’s Citizen Lab, lauded the policy as a critical accountability measure against the spyware industry’s capacity to rebrand and evade sanctions.
The policy reflects a broader, multi-faceted strategy by the U.S. government to regulate the mercenary spyware industry, a sentiment echoed by Citizen Lab senior researcher John Scott-Railton. The measure is seen as a potential deterrent to investment in the industry, which has seen backing from countries including the U.S. and the U.K.
Despite these advancements, critics point to the lag in regulatory measures in Europe, particularly in contrast to its stringent regulation of Big Tech. Notably, the rampant misuse of commercial spyware by autocratic regimes and its deployment against journalists, lawyers, and activists in various countries has raised significant concerns among human rights advocates.
As the Biden administration takes decisive steps to curb the misuse of commercial spyware, the spotlight falls on the global community to follow suit and address this critical issue head-on, safeguarding privacy, freedom, and the rule of law in the digital age.