In a decisive move, the United States has announced the implementation of a new policy that enables the imposition of visa restrictions on individuals involved in the misuse of commercial spyware. U.S. Secretary of State, Antony Blinken, stated on Monday that this policy is part of a comprehensive approach to combat the misuse of such surveillance tools.
Previous actions taken by the United States include the issuance of an Executive Order prohibiting the government’s use of commercial spyware that poses risks to national security or foreign policy interests. Additionally, the Department of Commerce has listed commercial spyware companies that enable the abuse of sophisticated surveillance tools. Diplomatic efforts have also been made to foster international cooperation, including the U.S.-led Joint Statement on Efforts to Counter the Proliferation and Misuse of Commercial Spyware.
Blinken emphasized the growing concern over the misuse of commercial spyware worldwide, which enables repression, restricts the free flow of information, and facilitates human rights abuses. The misuse of these tools poses a threat to privacy, freedom of expression, peaceful assembly, and association. In the most severe cases, it has been linked to arbitrary detentions, forced disappearances, and extrajudicial killings. Furthermore, the misuse of commercial spyware presents a security and counterintelligence risk to U.S. personnel.
The United States firmly stands for human rights and fundamental freedoms and is committed to promoting accountability for individuals involved in the misuse of commercial spyware. The visa restriction policy, pursuant to Section 212(a)(3)(C) of the Immigration and National Act, allows the Department of State to impose visa restrictions on individuals believed to have been engaged in the misuse of commercial spyware. This includes those who target, surveil, harass, suppress, or intimidate individuals such as journalists, activists, dissidents, members of marginalized communities, vulnerable populations, or their family members.
The visa restrictions also apply to individuals who facilitate or financially benefit from the misuse of commercial spyware, such as those involved in developing, directing, or operating companies that provide such technologies to governments or their proxies engaged in the aforementioned activities.
It is important to note that immediate family members of the restricted individuals are also subject to these visa restrictions.
With this strong stance against the misuse of commercial spyware, the United States is sending a clear message that it will not tolerate the violation of privacy, human rights, and freedoms facilitated by these tools. The implementation of visa restrictions serves as a deterrent and a means to hold accountable those responsible for such abuses.