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Richard R. Verma Deputy Secretary of State for Management and Resources | https://www.state.gov/

Governments issue joint statement on combating misuse of commercial spyware

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This Joint Statement was originally announced on March 30, 2023, at the second Summit for Democracy, with an inaugural group of eleven like-minded partners. Since then, it has been updated twice to reflect additional countries that have endorsed this first-of-its-kind multilateral commitment to work collectively to counter the proliferation and misuse of commercial spyware.

On March 18, 2024, at the third Summit for Democracy, Finland, Germany, Japan, Poland, the Republic of Ireland, and the Republic of Korea joined. On September 22, 2024, on the margins of the UN General Assembly, Austria, Estonia, Lithuania, and the Netherlands also endorsed the statement.

"We," the governments of Australia, Austria, Canada, Costa Rica, Denmark, Estonia, Finland France Germany Ireland Japan Lithuania Netherlands New Zealand Norway Poland Republic of Korea Sweden Switzerland United Kingdom United States recognize "the threat posed by" misuse "of commercial spyware" and "the need for strict domestic and international controls on" its proliferation and use.

Commercial spyware has been misused worldwide by authoritarian regimes and in democracies. Too often such powerful tools have been used to target perceived opponents facilitate efforts to curb dissent limit freedoms expression peaceful assembly association enable human rights violations abuses suppression civil liberties track target individuals without proper legal authorization safeguards oversight. Misuse these tools presents significant growing risks national security including safety security government personnel information systems.

We therefore share a fundamental national security foreign policy interest countering preventing proliferation commercial spyware has been or risks being misused such purposes light core interests protecting individuals organizations risk around world defending activists dissidents journalists against threats freedom dignity promoting respect human rights upholding democratic principles rule law committed where applicable subject national legal frameworks implementing Guiding Principles Government Use Surveillance Technologies Code Conduct developed within Export Controls Human Rights Initiative.

To advance these interests we are partnering counter misuse commercial spyware commit:

working within respective systems establish robust guardrails procedures ensure any commercial spyware use by our governments consistent respect universal human rights rule law civil rights civil liberties;

preventing export software technology equipment end-users likely use them malicious cyber activity including unauthorized intrusion into information systems accordance respective legal regulatory policy approaches appropriate existing export control regimes;

robust information sharing commercial spyware proliferation misuse better identify track these tools;

working closely industry partners civil society groups inform approach help raise awareness set appropriate standards while continuing support innovation;

engaging additional partner governments around world well other appropriate stakeholders better align policies export control authorities mitigate collectively misuse commercial spyware drive reform industry encouraging industry investment firms follow United Nations Guiding Principles Business Human Rights.

Our efforts will allow us work collectively first time develop implement policies discourage misuse commercial spyware encourage development implementation responsible use principles consistent respect universal human rights rule law civil rights civil liberties.

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