Executive Order 14093 · 2023-03-30

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

Federal Agencies Banned from Using Risky Commercial Spyware

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Signed by Joseph R. Biden Jr.
Published 2023-03-30

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

surveillanceprivacynational securitygovernment procurementtechnology 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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