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Electronic Frontier Foundation Government

EFF Warns US 'Deserves Stronger Spyware Protections Than Biden's Executive Order' (eff.org) 31

In March U.S. President Joe Biden "signed an executive order that limits U.S. government agencies from using commercially available spyware," writes EFF senior policy analyst Matthew Guariglia.

"But that doesn't mean there will be no government use of spyware in the United States...." The executive order arrived only days before revelations that the United States, which was previously thought to have steered clear of some of the most infamous foreign spyware products, actually had a contract to test and deploy the notorious Pegasus created by Israeli company NSO Group. The contract was signed under a fake name on November 8, 2021 between an organization that acts as a front for the U.S. government and an American affiliate of NSO group. Only five days before, on November 3, 2021, the U.S. Commerce Department added NSO Group and other foreign spyware companies to a blacklist — the "Entity List for engaging in activities that are contrary to the national security or foreign policy interests of the United States." So the signing of this straw contract was in apparent breach of this ban. NSO Group is just one of the companies that should be covered by the new executive order....

Though the NSO Group's Pegasus spyware has garnered particular attention for its widespread use against human rights advocates, journalists, and politicians, the executive order did not name any company specifically, keeping the policy broad. This may lead some government agencies to think that their purchase of foreign spyware might fly under the radar if it comes from another, smaller vendor, or the vendor can plausibly deny that it is really spyware that they are selling. We urge the Biden administration to publish a non-exhaustive list of spyware companies included as part of this ban. That would send a clear message to agencies who wish to exploit any ambiguity in order to skirt the law.

The EFF applauds the U.S. order for specyfing ways in which spyware is not to be used — including a ban on its use against journalists, activists, political figures, and any U.S. person "without proper legal authorization, safeguards, and oversight." And the EFF also notes positive signs of progress towards stopping government misuse of spyware:
Building upon the U.S. executive order, a global coalition of eleven countries, including Australia, Canada, Costa Rica, Denmark, France, New Zealand, Norway, Sweden, Switzerland, the United Kingdom, and the United States, are working towards a common goal of countering the misuse of commercial spyware. This alliance is committed to establishing robust guardrails and procedures that uphold fundamental human rights, civil liberties, and the rule of law, within each of their respective systems.
But the EFF also points out the biggest concern of the U.S. government appears to be with the dangers in spyware that's foreign made. "While this signals discomfort with foreign-made spyware, no one should take this as an indication that the U.S. government is averse to using similar technologies developed internally, or indeed acquiring foreign spyware companies for domestic use.

"Given the government's long history of using and abusing incredibly invasive techniques, people in the United States should push for robust human rights safeguards to ensure the government won't proceed with only the minor restrictions of this executive order to rein them in."
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EFF Warns US 'Deserves Stronger Spyware Protections Than Biden's Executive Order'

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  • by rsilvergun ( 571051 ) on Sunday April 16, 2023 @01:24PM (#63454080)
    Getting a supermajority that ain't happening. Any legislation like this is going to get filibustered. Even the Democrats have their corporate tools but if they're handed a super majority it becomes much harder for those corporate tools to hide behind the current pro corporate GOP.

    It'll most likely happen in our lifetimes. Republican party has gone all in anti-trans and abortion as the only issues that they are talking about. And the head of their party Donald Trump has already said that if he's not there 2024 candidate he'll be running third party. Meanwhile the baby boomers that the Republican Party are heavily dependent on are aging out of voting and gen Z is aging into voting...

    If you want to move it along faster register as a Democrat to vote and vote in their primary for the pro-consumer candidates. I've been voting seriously for about 15 years now (embarrassingly I didn't used to vote) and it's been one in every primary election I voted in. They lose to the pro corporate guys. But primaries don't have a lot of voters so motivated voters have a large amount of influence there. if you want your vote to count you vote in the primary election
    • Disagree.The Democrats and Republicans are the very same party. The politicians put on a show for the public, but they are just two sides of the same clipped coin. They went to the same schools, they belong to the same clubs, they are beholden to the same corporate overlords.
      • Disagree.The Democrats and Republicans are the very same party.

        What are the republicans doing about, inflation, creating jobs, getting better access to healthcare, and reducing school shootings?

        So far the only noise I've heard was something about a rainbow on a beer can.

        • And if you understood the 12d chess of Ron DeSantis you realize that that will reduce inflation by 200%, stop all school shootings and replace them with better jobs and puppies and kittens. Study it out. Do your own research.
        • Re: (Score:2, Interesting)

          Ah...you still believe politicians create jobs...you're even more naive than I previously thought...

          Add that to the things that I already know about you, like how you believe California is a perfect utopia because:

          A) It's run by all democrats
          B) But what about Texas?

        • The same thing as the dims= nothing. They are both the same and if you think different, well the propaganda worked as expected.
        • So far the only noise I've heard was something about a rainbow on a beer can.

          If that is all you have heard, then what is your issue?

      • Disagree.The Democrats and Republicans are the very same party. The politicians put on a show for the public, but they are just two sides of the same clipped coin. They went to the same schools, they belong to the same clubs, they are beholden to the same corporate overlords.

        I see it differently than both of you. Look where the money comes from, politicians aren’t concerned about votes compared to money because the money seldom loses. Go on opensecrets.org and follow it. If there isn’t corporate or large private donor, or super pac dark money donor and it’s mostly public interest groups and small donors then that politician is financially beholden to the constituents and tends to favor them to keep the money flowing. Just like the other politicians who ke

        • Is that while the Democrats are happy to line their own pockets ultimately they enjoy being administrators. So they will run the country and they will run it moderately well.

          The republicans, besides showing a streak of greed that makes the Democrats look like monks, are really only good at striking up moral panics. They have absolutely zero experience, skill or desire in being administrators. Finding it instead to be incredibly boring.

          To be honest most people would. Have you ever actually watched c-
          • Is that while the Democrats are happy to line their own pockets ultimately they enjoy being administrators. So they will run the country and they will run it moderately well.

            You are deceiving yourself if you think this. They do the lowest possible effort and spin endlessly all while making sure their donors get first say in any matters. here [princeton.edu] is solid statistical proof of widespread selling out and constituents never getting priority over monied interests.

            The republicans, besides showing a streak of greed that makes the Democrats look like monks, are really only good at striking up moral panics. They have absolutely zero experience, skill or desire in being administrators. Finding it instead to be incredibly boring.

            That’s not true, the skill comes in the form of preying on the stupid to cuck their agency in the name of making themselves and their donors rich. They rather excel at this type of administration and use the fear whi

      • That kind of reasoning seems designed to discourage normal people from voting. That's what lets politicians spend all their time pandering to "the base", i.e. radicals, and still win elections.

        "They're all the same!" was probably a hot take 30 years ago, but now it's kind of trite and becoming less accurate each year. Frankly, it makes you sound ignorant. You are aware that Congress regularly holds votes that are completely divided on party lines, right? Care to explain specifically, with examples, why thos

        • For a very brief period of time in the 90s when Bill Clinton was in charge and the Republican Party hadn't completely gone off the deep end the two parties were pretty close together. We are literally talking half an election cycle.

          Then along came newt Gingrich who noticed that the Republicans had lost their identity and with it to their voters and so he shifted the party hard right with something he called the contract with America.

          The Republican party has been getting more and more insane and focu
          • The fact that the Republicans were able to create 'clear water' between themselves and the Democrats was because the Washington consensus failed to reflect the values of vast numbers of voters. The fact that too many Democrats today dismiss them as 'deplorables', 'racists', 'sexists' etc is a serious danger.

      • The real issue is we are looking for a political solution to our problems, where such a system isn't ideal for solving such problems.

        I don't have a good answer to the problem, other than education, and perhaps more legal penalties towards failure to meet. However it needs to be a nonpartisan issue.

      • Because of the affordable Care act and because Obama wouldn't let the states cut Medicaid without cutting Medicare. Never mind the abortion issue. There's already been a couple of deaths. And it's only a matter of time before they start locking women up who leave the state to get abortions. And finally it's a proven fact that the economy does better when the Democrats are in charge.

        This makes sense the Republican party is entirely focused on grievance politics and culture war and moral panics. The Democ
    • You think the likes of the CIA or NSA are gonna listen to any EO by any president and stop using that stuff? If you are i got a bridge to sell you cause they are already spying on everyone even though its complete illegal.
  • I'm a lot of things right now but disappointed isn't one of them.
  • But you won't get it from this train wreck of a Congress.
  • But when the fox is guarding the henhouse it is all for nothing
  • by Rosco P. Coltrane ( 209368 ) on Sunday April 16, 2023 @03:11PM (#63454250)

    better protection against spyware from Google, Facebook, Amazon, Microsoft, CloudFlare, Apple, Akamai... Quite frankly, Tiktok should be everybody's least worry: their competition is much more nefarious.

  • The spooks hoover up everything, regardless of any regulations.
    • Then no one is breaching their country's regulations. Everyone's happy.

    • Chat GPT to the rescue! Hey GPT, I think my phones bugged. Give me a 1000 word conversation bound to make my local senator get on the no-fly-list. And 2000 words that would waste lots of manpower and computing time. What is the most expensive and geographically remote area to trick law enforcement into raiding. They did not have the resources before ChatGPT. The lesson is do not believe everything you hear.

Like punning, programming is a play on words.

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