Curtailing Misuse of Spyware and Surveillance Technologies (UK)
This publicly available tool will facilitate civil society efforts to submit timely information on the malicious use of surveillance technologies to relevant officials in the government of the United Kingdom, enabling them to pursue accountability measures. Read more in our Policy Alert
The government of the United Kingdom has powerful tools at its disposal to take action against companies and executives for supplying technologies such as commercial spyware to regimes that use them to commit human rights violations and acts of transnational repression. These technologies have also been misused to surveil UK government personnel, posing a grave threat to national security and sovereignty.
The UK government could utilize its Cyber Sanctions regulations to hold providers of spyware and other surveillance tools accountable for abuses. The sanctions available under these regulations consist of asset freezes and travel bans for persons and/or entities that are found to be responsible for cyberattacks or attempted cyberattacks. The measures can also be applied to others involved in an attack, including those who provide financial or technical support.
Despite the existence of this mechanism, to date the UK government has been relatively slow to hold spyware providers accountable for the misuse of their products. Its comparative inaction appears to conflict with its multilateral commitments, including the Pall Mall Process Code of Practice for States and the Joint Statement on Efforts to Counter the Proliferation and Misuse of Commercial Spyware.
By contrast, the US government has taken many bold steps to deliver accountability. For example, the US Commerce Department added specified surveillance technology firms to its Entity List, the State Department issued visa restrictions for individuals who misused or financially benefited from the misuse of surveillance technologies (and their families), and the Treasury Department imposed financial sanctions on the enablers of the Intellexa commercial spyware consortium. The actions helped combat the proliferation and abuse of surveillance technologies, and they were largely made possible by civil society reporting.
The template below is intended to enhance collaboration on this topic between UK government officials and civil society organizations from around the world. It outlines the information that government decision-makers require from external stakeholders to pursue accountability measures. With further support, it could be adapted to meet the needs of other democratic governments that seek to curb the misuse of commercial spyware.
