Accountability in the Commercial Spyware

Trade:

Coordinating a Holistic Response

Sarah McKune

Senior Legal Advisor, Citizen Lab

citizenlab.ca

December 19, 2017

Targeted surveillance and commercial

spyware

UAE: NSO Group’s Pegasus spyware

Mexico: NSO Group’s Pegasus

spyware

Ethiopia: Cyberbit’s PSS spyware

Ethiopia: Cyberbit’s PSS spyware

Trends in the commercial spyware

market

● Simultaneous deployment against criminal

targets and political targets

● Foreseeable misuse

● Degradation of security within the global

digital ecosystem at large

Coordinating a holistic response:

government ● Addressing competing interests in

application of export controls

Human

Rights

Industry

Growth

LE / Intel

Cooperati

on

Coordinating a holistic response:

government ● Multistakeholder dialogue / working group

on cyber-surveillance technology

● Broader legal and regulatory framework

focused on oversight and accountability

● Penalties and incentives

Coordinating a holistic response:

companies

● Building a rights-respecting business

architecture

● Standards and industry coordination

● Risk mitigation in design choices

Coordinating a holistic response:

companies