The US government, led by Secretary of State Anthony Blinken [2], has announced its intention to impose visa restrictions on individuals involved in the misuse of commercial spyware [3] [4] [6]. This decision is in response to the widespread misuse of spyware by governments worldwide, which has targeted political dissidents, human rights advocates [1] [2] [3] [5] [7], journalists [1] [3] [4] [6] [7], and lawyers [3]. The Biden administration views this misuse as a significant threat to US national security and counterintelligence capabilities [3].
Description
The policy specifically targets those who have targeted journalists, activists [1] [3] [4] [6] [7], dissidents [1] [3] [6], marginalized communities [1] [3] [6], or their family members using commercial spyware [6]. It also includes individuals who facilitate or financially benefit from the misuse of such spyware [6]. The aim is to address the link between commercial spyware misuse and human rights abuses [2], such as arbitrary detentions and extrajudicial killings [2].
The visa restrictions could potentially impact major US allies such as Israel, India [2] [3], Jordan [1] [2] [3] [5] [7], and Hungary [1] [3] [5], who have been involved in the sale or purchase of spyware [2]. The NSO Group [1] [2] [5] [7], the developer of the Pegasus spyware [2], has already been blacklisted by the US government, and the use of commercial spyware by the US government has been prohibited.
To further address national security risks, the Biden administration has issued an executive order restricting the government’s use of commercial spyware [5]. This order requires agencies to certify that the programs they use do not pose significant counterintelligence or security risks [5].
The visa restriction policy announced by the US can apply to citizens of any country found to have misused or facilitated the malign use of spyware [5]. However, the State Department is not expected to publicly name individuals impacted by the policy due to confidentiality laws [1] [5].
The announcement of these visa restrictions has been seen as an important step towards accountability and a model for regulating the spyware industry [1] [5]. The misuse of commercial spyware has raised concerns not only in autocratic governments in the Middle East but also in countries like Mexico, Poland [1] [5], Greece [1] [5], Spain [1] [5], Thailand [1] [5], and Hungary [1] [3] [5].
The NSO Group’s Pegasus spyware [2] [5], which has been used to target over 1,000 people across 50 countries [1] [5], has faced restrictions from the US government and legal action from Apple [5]. Recent reports have revealed the use of Pegasus in Jordan and its installation on the phone of Jamal Khashoggi’s fiancée after his murder [5].
The visa restrictions will also apply to individuals in countries that do not usually require a visa to enter the US [3], such as EU countries and Israel [3]. The ban will restrict entry for individuals involved in the misuse of commercial spyware to target [1] [2] [3], surveil [3], harass [3], suppress [3], or intimidate individuals including journalists [3], activists [1] [3] [4] [6] [7], dissidents [1] [3] [6], marginalized communities [1] [3] [6], vulnerable populations [3], and their family members [1] [3] [6]. It will also affect individuals who facilitate or benefit financially from the misuse of commercial spyware and their immediate families [3].
While the visa ban does not directly impact US financial firms or investors in the spyware industry [3], it sends a signal about the associated risks [3]. The US government is taking a strong stance against the misuse of commercial spyware, recognizing its role in facilitating repression [5], restricting the free flow of information [5], and enabling human rights abuses [5] [7].
Conclusion
The visa restrictions announced by the US government have significant implications for individuals involved in the misuse of commercial spyware and their immediate families. It serves as a measure of accountability and a model for regulating the spyware industry [1]. The restrictions could potentially impact major US allies and countries involved in the sale or purchase of spyware. Additionally, the executive order restricting the government’s use of commercial spyware further addresses national security risks [5]. While the visa ban does not directly affect US financial firms or investors [3], it sends a clear message about the associated risks. The US government’s strong stance against the misuse of commercial spyware highlights its commitment to combating repression, protecting human rights [5], and ensuring the free flow of information.
References
[1] https://fortune.com/2024/02/06/biden-administration-policy-visas-misuse-commercial-spyware/
[2] https://www.infosecurity-magazine.com/news/us-cracks-down-spyware-visa/
[3] https://www.theguardian.com/us-news/2024/feb/05/us-biden-administration-global-spyware-restrictions
[4] https://news.bloomberglaw.com/privacy-and-data-security/us-to-impose-visa-restrictions-on-misusers-of-commercial-spyware
[5] https://www.washingtonpost.com/business/2024/02/05/biden-commercial-spyware-visa-blinken/d7a0aa5c-c45d-11ee-bbc9-9b5ca9b20779story.html
[6] https://apnews.com/article/biden-commercial-spyware-visa-blinken-a725b3f22cc2a9420be4f35af8a78096
[7] https://www.upi.com/TopNews/US/2024/02/06/entry-bans-misuse-commerical-spyware/8701707196388/
