Biden administration seeks to tamp down the spyware market with a new ban>
CSO Online – Cynthia Brumfield
In a significant signal to spyware vendors, the Biden administration issued an executive order (EO) prohibiting federal government agencies from using commercial spyware “that poses significant counterintelligence or security risks to the United States Government.” The spyware covered by the EO is predominately malware designed to track and collect data from mobile phones that can be easily installed by one or several clicks on specially crafted links.

Although the EO bans federal departments and agencies from using commercial spyware tools, the spyware must meet a series of factors that indicate it poses “significant counterintelligence or security risks to the United States.” Among the factors spelled out in the EO to qualify for the ban include whether it has been used “to gain or attempt to gain access to United States Government computers or the computers of United States Government personnel without authorization” or has been improperly used by a foreign government.

Another factor that feeds into the ban is whether an entity that provides commercial spyware to governments has a track record of “systematic acts of political repression” consistent with any findings by the Department of State.

In addition, the government may issue an agency a waiver not to exceed one year “if such waiver is necessary due to extraordinary circumstances and that no feasible alternative is available to address such circumstances.” The waivers require very high-level government officials to conduct due diligence according to the factors spelled out in the EO and report their reasons for the waivers directly to the President via the Assistant to the President for National Security Affairs (APNSA).
Link: https://www.csoonline.com/article/3691711/biden-administration-seeks-to-tamp-down-the-spyware-market-with-a-new-ban.html