The Biden administration has recently taken a significant step in addressing the global misuse of commercial spyware by announcing visa restrictions on individuals engaged in such wrongful activities. This initiative is designed to combat privacy concerns and prevent human rights abuses related to the misuse of technology for surveillance purposes. The policy specifically targets those who use commercial spyware to surveil journalists, activists, dissidents, marginalized communities, or their families. Additionally, it may extend to individuals who facilitate or financially benefit from the improper use of commercial spyware.
Secretary of State Antony Blinken emphasized the United States’ concern regarding the growing misuse of commercial spyware worldwide, stating that it facilitates repression, restricts the free flow of information, and enables human rights abuses. The misuse of this technology poses a threat to privacy and various fundamental freedoms, including freedom of expression, peaceful assembly, and association. In extreme cases, such targeting has been linked to arbitrary detentions, forced disappearances, and extrajudicial killings.
The new visa restriction policy does not immediately identify specific individuals or groups affected. However, officials clarified that the restrictions can apply to citizens of any country found to have misused or facilitated the malign use of spyware. The policy extends even to individuals from countries allowed entry into the United States without the need for a visa.
This move is in line with a broader effort by the Biden administration to address the risks associated with the misuse of commercial spyware. Nearly a year ago, President Biden issued an executive order restricting the US government’s use of commercial spyware, especially those posing risks to national security. The order mandated that the heads of US agencies using such programs certify that they do not pose significant counterintelligence or other security risks.
One of the most notorious examples of commercial spyware is Pegasus, developed by Israel’s NSO Group. Pegasus gained global attention after a July 2021 media investigation revealed its use to target over 1,000 individuals in 50 countries. In response to these revelations, the US imposed export restrictions on NSO Group, limiting its access to American components and technology.
Pegasus has been associated with human rights abuses in various countries, including Jordan, where it was used to hack the phones of at least 30 individuals, including journalists, lawyers, and activists, according to digital rights group Access Now.
The Biden administration’s decision to implement visa restrictions on those involved in the misuse of commercial spyware reflects a commitment to protecting global privacy and human rights. It sends a clear message that individuals engaged in such activities will face consequences, contributing to a broader international effort to regulate and curb the misuse of surveillance technology. As technology continues to advance, the need for robust measures to prevent its misuse becomes increasingly critical.
