Biden Bans Government Use of Commercial Spyware

Facts

• US Pres. Biden on Monday signed an executive order banning federal agencies and departments from using commercial spyware that could pose national security risks or be misused to violate human rights globally.¹
• The order bans spyware that could be used by foreign governments or people to gain access to US government devices, uses data obtained without government authorization, intends to disclose non-public information about the government, or is controlled by a foreign government.²
• Spyware is secretly installed on a person's device to monitor their internet usage, keystrokes, and other activities, and it can be sent to a government or other entity without the person’s knowledge. Senior administration officials declined to specify which spyware will be deemed a security risk.³
• The order says it "complements" existing laws and rules, including Congressional "restrictions and reporting requirements for Intelligence Community" and the Dept. of Commerce's "Entity List to address foreign policy concerns related to surveillance technologies."⁴
• This comes as the government has identified devices associated with 50 US government personnel in at least 10 countries.²

Sources: ¹Axios, ²The Hill, ³The Washington Times, and ⁴The White House.

Narratives

• Pro-establishment narrative, as provided by USA Today. Coming on the heels of Congress' restrictions on former members of the intelligence community, and a US ban on Israel’s NSO Group — which created the powerful Pegasus spyware that spied on journalists and politicians — this order continues to make protecting the US and its allies from hackers a top priority. It’s important to establish guidelines for the currently unregulated use of spyware and sets a strong example for other countries.
• Establishment-critical narrative, as provided by BBC News. It has been a decade since Edward Snowden revealed that the US intelligence community spied on American citizens. An analysis of that leak found that 90% of the National Security Agency's data was collected on ordinary citizens, but the government still hasn't ended the initiative. Instead, the government has shifted attention away from its Orwellian tactics and made people think foreign actors using commercial spyware are the biggest threat.