WHEN LAWFUL INTERCEPT ISN’T LAWFUL —
Move comes as “clickless exploits” targets journalists and others accused of no crimes.
Dan Goodin
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President Joe Biden on Monday signed an executive order barring many makes use of by the federal authorities of commercial spyware, which has been more and more utilized by different international locations in recent times to surveil dissidents, journalists, and politicians.
The signing of the executive order got here as administration officers advised journalists that roughly 50 US authorities personnel in no less than 10 international locations had been contaminated or focused by such spyware, a bigger quantity than beforehand recognized. The officers didn’t elaborate.
Commercial spyware is offered by a number of corporations, with the perfect recognized being NSO Group of Israel. The firm sells a hacking device referred to as Pegasus that may surreptitiously compromise each iPhones and Android units utilizing “clickless” exploits, which means they require no consumer interplay. By sending a textual content or ringing the gadget, Pegasus can set up spying software program that steals contacts, messages, geo areas, and extra, even when the textual content or name isn’t answered. Other corporations promoting commercial spyware embrace Cytrox, Candiru, and Paragon.
While NSO describes Pegasus as a “lawful intercept” device that’s offered solely to authentic law-enforcement businesses to analyze crime and terrorism. Mexico, India, Saudi Arabia, the United Arab Emerates, Morocco, and different international locations have been caught deploying it towards political dissidents, journalists, and different residents that are not accused of any crimes. In November 2021, the Biden administration restricted the export, re-export, and in-country switch of merchandise from NSO and three different corporations in Israel, Russia, and Singapore.
Monday’s executive order goes additional by barring federal businesses, together with these engaged in regulation enforcement, protection, or intelligence actions, from “operationally using” commercial spyware.
“The proliferation of commercial spyware poses distinct and growing counterintelligence and security risks to the United States, including to the safety and security of US Government personnel and their families,” a truth sheet revealed by the White House stated. “US Government personnel overseas have been targeted by commercial spyware, and untrustworthy commercial vendors and tools can present significant risks to the security and integrity of US Government information and information systems.”
White House officers aren’t naming the precise spyware that’s barred, however utilizing the time period commercial spyware strongly implies it contains instruments offered by NSO, Cytrox, Candiru, and others. Criteria for instruments falling below the order embrace if:
- they’re abused by a international authorities in an try to entry the gadget of a US citizen
- a international actor deploys them towards activists or dissidents in an try to intimidate or curb dissent or opposition or squelch expressions of free speech
- they’re provided to governments for which there are credible studies that they interact in systematic acts of political repression.
The officers declined to say if US regulation enforcement and intelligence businesses presently use commercial spyware. Last yr, the FBI confirmed a New York Times report that the bureau had purchased NSO Group’s Pegasus device for product testing and analysis however stated they weren’t used for operational functions or to help any investigation. The US Drug Enforcement Agency, the NYT has additionally reported, deployed a surveillance device known as Graphite for use in counternarcotics operations.
…. to be continued
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