Global initiative led by 25 nations and tech giants aims to regulate spyware usage, safeguarding privacy and human rights. (Getty Images)


February 07, 2024

A coalition of 25 countries, including Canada, the United States, France, and the U.K., along with various nation groups, has pledged to combat the misuse of commercial spyware by specific governments and law enforcement entities. Termed the Pall Mall Process, following an initial meeting in London, this initiative aims to establish guidelines for governments and the tech industry to regulate the development and application of such software.

Major tech companies like Google, Microsoft, and Meta participated in the conference, alongside notable entities such as the African Union, representing 55 countries, and the Gulf Cooperation Council, representing six countries including Saudi Arabia. Proposed measures to address the issue include export controls restricting the sale of spyware to certain nations and regulations limiting its use by government and police agencies. Notably, U.S. President Joe Biden issued an executive order last year restricting federal agency usage of commercial spyware without White House approval.

In addition to the Pall Mall Process, the U.S. announced visa restrictions on individuals known for misusing commercial spyware, aiming to prevent their entry into the country. Commercial spyware, often installed covertly on mobile devices through deceptive links or infected websites, is frequently marketed for law enforcement or intelligence purposes but is also exploited by some countries to surveil activists and journalists.

The Pall Mall Declaration emphasizes the need for accountability for states violating international human rights laws and for holding non-state actors accountable within domestic legal frameworks. Participants expressed concerns over the growing commercial market for cyber intrusion capabilities, stressing its potential impact on national security, human rights, and international peace.

The declaration underscores the importance of responsible use of such tools, acknowledging their legitimate applications while emphasizing the necessity of safeguards and oversight. A follow-up conference is scheduled for next year in France.

The conference follows investigations by groups like the University of Toronto's Citizen Lab into the use of spyware like Pegasus, allegedly by governmental bodies. A recent report from Citizen Lab and Access Now revealed the targeting or infection of iPhones belonging to certain reporters and lawyers in Jordan with Pegasus.

While deemed a positive step by some, including Citizen Lab director Ron Deibert, who described it as incomplete but important, challenges remain in translating these commitments into concrete actions. Notably, some governments, including Canada and the U.S., have previously issued joint statements condemning the misuse of commercial spyware.

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