Prohibition on Use by the United States Government of Commercial Spyware That Poses Risks to National Security

2023-03-30Executive Order 14093
Signed by: Joseph R. Biden Jr.
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Headline: Federal Agencies Banned from Using Risky Commercial Spyware

What it does: Agencies must stop operational use of commercial spyware that poses significant security or improper-use risks and follow required reviews, reporting, and approval procedures.

Real World Impact:
  • Agencies must end operational use of spyware deemed a security risk.
  • Creates new reporting and review requirements for agencies using spyware.
  • Limits third-party procurement of spyware without intelligence assessment and approval.
Topics: surveillance, privacy, national security, government procurement, technology policy

Summary

This order prohibits federal agencies from operationally using commercial spyware that poses significant counterintelligence, security, or risk of improper foreign use. It requires agencies to review existing uses, stop risky deployments, follow certification and reporting rules, and coordinate with intelligence officials.

The rule affects all executive departments and agencies that use or procure surveillance software, and creates reporting, review, and waiver procedures. It aims to protect government systems and people, discourage misuse by foreign countries, and uphold privacy and democratic values.

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