Global Coalition Expands Efforts to Counter Commercial Spyware Misuse

On September 22, 2024, the U.S. Department of State announced the expansion of its initiative against the proliferation and misuse of commercial spyware. Austria, Estonia, Lithuania, and the Netherlands officially endorsed the Joint Statement on Efforts to Counter Commercial Spyware. This marks a significant step forward as the initiative now includes 21 countries, up from the original 11 when it was launched in March 2023. The initiative is part of the broader U.S. International Cyberspace and Digital Policy Strategy, aimed at promoting digital security and responsible use of technology in partnership with global allies.

Introduction

Commercial spyware, often used by governments and non-state actors for unlawful surveillance, has become a major cybersecurity concern. The misuse of this technology has raised alarms due to its potential to target journalists, activists, and even political figures, violating human rights and privacy laws.

The September 22 meeting, held on the margins of the United Nations General Assembly (UNGA), was led by senior officials from the U.S. government, including Maher Bitar, Deputy Assistant to the President and Coordinator for Intelligence and Defense Policy, and Kelly Razzouk, Special Assistant to the President and Senior Director for Democracy and Human Rights. The gathering focused on enhancing collective measures to curb the misuse of spyware. Among the recent U.S. actions discussed were financial sanctions and visa restrictions on individuals linked to the illicit development and distribution of spyware.

Report Overview

On September 16, 2024, the U.S. Department of the Treasury imposed sanctions on five individuals and one entity tied to the Intellexa Consortium. Intellexa, known for its role in creating and deploying commercial spyware, has been identified as a significant threat to U.S. national security. The sanctions are designed to limit the consortium’s operational capacity by freezing assets and prohibiting U.S. persons from conducting transactions with the sanctioned entities.

Additionally, on September 20, the U.S. Department of State implemented a second round of visa restrictions on individuals involved in the sale and proliferation of spyware. This action builds on previous measures introduced in February 2024, where Secretary of State Antony Blinken announced a new visa restriction policy specifically targeting spyware developers.

Insights and Analysis

The proliferation of commercial spyware has global consequences, with governments and private sector actors both complicit in its misuse. Spyware tools have been used to suppress dissent, monitor political opponents, and target independent media, undermining democratic processes worldwide.

The U.S. has taken a leadership role in countering these threats, and its growing coalition of countries committed to regulating the spyware industry sends a clear message: those who profit from or enable the misuse of spyware will face international repercussions. In a further commitment, the U.S. announced a $3 million program to fund civil society and academic research on spyware misuse and to support the development of regulatory frameworks in low- and middle-income countries to prevent its spread.

Looking ahead, the U.S. Department of State will host its first spyware-focused side event at the Human Rights Council on October 8, 2024. The event will gather civil society experts, journalists, and governments to discuss how spyware has been used to silence free press and what can be done to safeguard journalists and their sources from surveillance.

Moreover, the Department of Commerce is expected to take additional actions against problematic spyware vendors by updating its Entity List later this year, further tightening the restrictions on companies engaged in malicious spyware activities.

As the threat landscape evolves, the global response to commercial spyware will continue to require coordinated efforts between governments, private sector players, and civil society. With a growing number of nations committing to the U.S.-led initiative, the chances of mitigating the risks posed by commercial spyware increase. International cooperation will be essential in restricting the flow of spyware across borders, especially in jurisdictions with lax regulations, and in ensuring that malicious actors face consequences.

For regular updates on U.S. cyberspace policy, the public is encouraged to follow the Bureau of Cyberspace and Digital Policy on social media platforms.

• Governments should implement stronger export controls on spyware technologies.
• Organizations must conduct due diligence on vendors and maintain robust cybersecurity practices to prevent unauthorized surveillance.
• Civil society should continue advocating for transparency and accountability in the use of surveillance tools.

This global initiative represents a significant shift in how spyware misuse is being addressed, with the U.S. leading the charge to protect privacy and human rights in the digital age.

Indicators of Compromise (IOC)

MITRE ATT&CK Mapping

References

https://www.state.gov/new-u-s-led-actions-expand-global-commitments-to-counter-commercial-spyware/