Ahead of a groundbreaking inaugural September 22 meeting on the margins of the UN General Assembly (UNGA), the Department of State announced that Austria, Estonia, Lithuania, and the Netherlands have endorsed the Joint Statement on Efforts to Counter the Proliferation and Misuse of Commercial Spyware. Global support for this critical initiative has continued to expand – from an initial group of 11 like-minded partners to 21 – since its launch as a Presidential Initiative at the second Summit for Democracy in March 2023. The Joint Statement is part of the broader United States International Cyberspace and Digital Policy Strategy to advance digital solidarity by working closely with allies and partners to ensure digital technologies are used in a responsible and rights-respecting manner.
At the September 22 gathering – led by the White House’s Deputy Assistant to the President and Coordinator for Intelligence and Defense Policy Maher Bitar and Special Assistant to the President and Senior Director for Democracy and Human Rights Kelly Razzouk, alongside Assistant Secretary of State for Democracy, Human Rights, and Labor Dafna Rand, Representative of the United States of America to the United Nations for Management and Reform Ambassador Chris Lu, and Coordinator for Digital Freedom Eileen Donahoe – member states discussed how to counter the proliferation and misuse of commercial spyware. The meeting builds on efforts led by the United States ahead of, and at, the third Summit for Democracy, hosted by South Korea, in March 2024, and the United States highlighted recent actions it has taken, including:
- On September 16, the Department of Treasury announced sanctions against five individuals and one entity associated with the Intellexa Consortium for their role in developing, operating, and distributing commercial spyware technology that presents a significant threat to the national security of the United States.
- On September 22, the Department of State announced intent to commit $3 million in programmatic funding to support (1) civil society to engage in advocacy and research around repressive misuse of spyware and capacity building for the private sector, and academia, and (2) governments in low-, middle-, and upper-middle income countries around the world to support the development of regulations and policy measures to prevent the proliferation and misuse of commercial spyware.
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.
Looking ahead, the Department of State will host its first commercial spyware-focused Human Rights Council side event on October 8. The event will bring together governments, civil society experts, and journalists who have themselves been targeted with spyware to discuss the growing risk that that misuse of such commercially available spyware tools poses to journalism, and how to protect journalists and their sources. Later this fall, the Department of Commerce will take additional actions associated with its Entity List on problematic commercial spyware vendors.
The proliferation and misuse of commercial spyware transcends borders and multilateral action will be a key element of our continued efforts. Our growing coalition of nations committed to reining in this industry will increase the difficulty of seeking refuge in jurisdictions with lax export policies, or obfuscating money flows and financial transactions.
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