EDRi urges total spyware ban across EU

European digital civil rights movement EDRi wants a full ban on the development, production, marketing, sale, export, and use of spyware in the European Union.

“The use of spyware has become one of the most pressing threats to democracy, fundamental rights, and cybersecurity in the European Union and globally,” EDRi writes in a position paper regarding the abuse of commercial spyware.

Spyware has become omnipresent, the digital rights movement argues. According to the Atlantic Council, an American think tank in the field of international affairs, at least 14 countries in the EU have used commercial spyware to eavesdrop on prominent people.

EDRi states that the spyware industry “has flourished under a system of permissiveness, legal loopholes, and weak regulatory oversight.” This has turned Europe into a hub for the development, trade, use, and export of spyware.

This is a worrisome situation because spyware threatens civilians’ fundamental rights, our democracy, and collective security. Civil society organizations and media outlets have repeatedly documented the use of spyware against journalists, activists, politicians, and human rights defenders.

Despite growing evidence of systematic abuse, no legislative measures against the deployment of spyware have been taken. The EU’s tolerance has contributed to the distribution of commercial spyware and the erosion of democratic norms and security worldwide, EDRi claims.

That’s why the digital rights movement calls for a EU-wide ban on spyware. Only a total ban can effectively protect human rights and democratic entities.

In addition, the EU must put an end to the commercial spyware market by prohibiting the operation of spyware vendors and investors and the export of spyware from within the EU. Furthermore, the commercial trade of vulnerabilities must be banned because they provide the fuel for the development of spyware.

Lastly, the EU must assist people who have already suffered spyware abuse by creating clear legal avenues for individuals to seek redress, including judicial remedies, reparation mechanisms, investigation and prosecution, sanctions against perpetrators, and state and political accountability for unlawful spyware use.