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| | | In his recent report on the Surveillance Industry and its Interference with Human Rights, the UN Special Rapporteur on Freedom of Opinion and Expression indicated that the cyber-surveillance industry is currently not subject to any effective global or national control. He therefore called for an immediate moratorium on the sale, transfer and use of surveillance technology, until human rights-compliant regulatory frameworks are in place. | |
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< | Yet, the question of whom should this regulatory framework address, is highly complex. | >
> | Yet, the answer to the question as to whom should this regulatory framework address, is remarkably complex. | | | One option is to hold the private entities accountable for any abuse of the spyware they provide. However, this may pose major difficulties. First, the cyber-surveillance market is inherently highly secretive, thus making it practically impossible to track and enforce. Second, the private spyware providers often present their customers with a disclaimer, by which the purchaser guarantees to use the services provided for legitimate purposes only, thus somewhat "immunizing" the providers. | | | Considering the above-described situation, it can be anticipated that, in the near future, far more advanced technologies will be accessed by increasingly more people around the world. | |
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< | However, there are some current efforts to affect some change in this chaotic market. | >
> | However, several current initiatives to affect some change in this chaotic market are of mention. | | | Many suggest, and I tend to agree, that certain cyber-surveillance means should be treated and regulated as weapons, with all that it entails. | |
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< | One effort in this direction is initiated by the Wassenaar Arrangement (the "WA") – a voluntary international export control regime of conventional arms and dual-use goods and technologies, comprised of 42 state members, including the U.S. In a statement of December 2019, the WA Plenary Chair announced that the participating states have adopted new export controls in several areas, including cyber-warfare software, communications monitoring and digital investigative tools. While, generally, this might be a substantive declarative act by the international community, the WA has no actual enforcement mechanisms; and, in any event, some of the prominent states in the cyber-surveillance market are not members of the WA. | >
> | One effort in this direction is initiated by the Wassenaar Arrangement (the "WA") – a voluntary international export control regime of conventional arms and dual-use goods and technologies, comprised of 42 state members, including the U.S. In a statement of December 2019, the WA Plenary Chair announced that the participating states have adopted new export controls in several areas, including cyber-warfare software, communications monitoring and digital investigative tools. While, in general, this may be a substantive declarative act by the international community, the WA has no actual enforcement mechanisms. Moreover, some of the prominent states in the cyber-surveillance market are not even members of the WA. | | | | |
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< | An additional attempt to apply restrictive measures upon the cyber-surveillance industry stems from ongoing litigation procedures. In recent years, civil organizations and individuals have been bringing lawsuits against both governments and private entities, for violation of privacy and other related laws. Currently, no affirmative judicial decision has yet to be made in this regard. | >
> | An additional attempt to apply restrictive measures upon the cyber-surveillance industry stems from ongoing litigation procedures. In recent years, civil organizations and individuals have been initiating lawsuits against both governments and private entities, for violation of privacy and other related laws. Currently, no affirmative judicial decision has yet to be made in this regard. | | | Another intriguing litigation channel is being carried out by the private entities themselves of the cyber-surveillance industry. For example, in October 2019, WhatsApp? Inc. (owned by Facebook Inc.), filed a complaint against NSO Group in California, asserting that its spyware had been used to surveil communications of WhatsApp? users, including attorneys, journalists and human-rights activists. |
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