Efforts to counter the proliferation and misuse of commercial spyware: joint statement

The statement showcases how the governments of Australia, Canada, Costa Rica, Denmark, France, New Zealand, Norway, Sweden, Switzerland, the UK and the US recognise the threat posed by the misuse of commercial spyware and the need for strict domestic and international controls on the proliferation and use of such technology. 

Commercial spyware has been misused across the world by authoritarian regimes and in democracies. Too often, such powerful and invasive tools have been used to target and intimidate perceived opponents and facilitate efforts to curb dissent; limit freedoms of expression, peaceful assembly, or association; enable human rights violations and abuses or suppression of civil liberties; or track or target individuals without proper legal authorisation, safeguards, or oversight.

The misuse of these tools presents significant and growing risks to the national security of governments and nations around the world, including to the safety and security of government personnel, information, and information systems.

The 11 governments therefore share a fundamental national security and foreign policy interest in countering and preventing the proliferation of commercial spyware that has been or risks being misused for such purposes, in light of the core interests in protecting individuals and organisations at risk around the world; defending activists, dissidents, and journalists against threats to their freedom and dignity; promoting respect for human rights; and upholding democratic principles and the rule of law.

The 11 governments are committed, where applicable and subject to national legal frameworks, to implementing the Guiding Principles on Government Use of Surveillance Technologies and the Code of Conduct developed within the Export Controls and Human Rights Initiative.

To advance these interests, they are partnering to counter the misuse of commercial spyware and commit to: 

• working within their respective systems to establish robust guardrails and procedures to ensure that any commercial spyware use by their governments is consistent with respect for universal human rights, the rule of law, and civil rights and civil liberties

• preventing the export of software, technology, and equipment to end-users who are likely to use them for malicious cyber activity, including unauthorised intrusion into information systems, in accordance with their respective legal, regulatory, and policy approaches and appropriate existing export control regimes

• robust information sharing on commercial spyware proliferation and misuse, including to better identify and track these tools

• working closely with industry partners and civil society groups to inform their approach, help raise awareness, and set appropriate standards, while also continuing to support innovation; and

• engaging additional partner governments around the world, as well as other appropriate stakeholders, to better align policies and export control authorities to mitigate collectively the misuse of commercial spyware and drive reform in this industry, including by encouraging industry and investment firms to follow the United Nations Guiding Principles on Business and Human Rights

Their efforts will allow them to work collectively for the first time as they develop and implement policies to discourage the misuse of commercial spyware and encourage the development and implementation of responsible use principles that are consistent with respect for universal human rights, the rule of law, and civil rights and civil liberties.