United States of America: Adopted Executive Order on the Ban of Commercial Spyware that Poses Risks to National Security for the US Government

On 27 March 2023, the United States President signed Executive Order on Prohibition on Use by the United States Government of Commercial Spyware that Poses Risks to National Security. The ban applies to all US federal departments and agencies. The Executive order bans commercial spyware that could pose "counterintelligence or security risks" to the US Government and lists the criteria that would be used to assess its risks. The software subject to the Executive Order include commercial spyware used by a foreign government or individual to access government and employee devices, transfers or uses the data without obtaining authorisation from the licensed end-user or US Government or is under the " effective control " of a government or individual that collects intelligence against the US. Furthermore, the Executive Order bans the use of commercial spyware that was used by certain actors for political repression and human rights violations.