Prohibition on Use by the United States Government of Commercial Spyware That Poses Risks to National Security
- Executive Order Number
- 14093
- President
- Joseph R. Biden Jr.
- Signed
- March 27, 2023
- Published
- March 30, 2023
- Source
- Federal Register
- Original Document
- https://www.govinfo.gov/content/pkg/FR-2023-03-30/pdf/2023-06730.pdf
AI-Generated Summary
Executive Order 14093: Prohibition on Use by the United States Government of Commercial Spyware That Poses Risks to National Security
Purpose
The purpose of Executive Order 14093, issued on March 27, 2023, is to establish a policy prohibiting the United States Government from using commercial spyware that poses significant counterintelligence or security risks or risks of improper use by foreign entities. This order aims to protect national security, uphold democratic values, and promote human rights by mitigating risks associated with such technologies.
Key Actions or Directives
- Prohibition on Operational Use: Agencies are prohibited from using commercial spyware if it poses significant risks to U.S. Government counterintelligence or security, or if it risks improper use by foreign governments or persons.
- Intelligence Assessment: The Director of National Intelligence (DNI) is tasked with issuing a semiannual classified intelligence assessment on foreign commercial spyware.
- Certification and Notification: Agencies must certify that spyware does not pose significant risks before use and notify the Assistant to the President for National Security Affairs (APNSA) of decisions to use such spyware.
- Review and Termination: Agencies must review existing uses of commercial spyware and terminate any that pose significant risks as soon as reasonably possible.
- Internal Controls and Oversight: Agencies must develop internal controls and oversight procedures for making determinations about spyware use.
- Waiver Authority: A relevant official may issue a one-year waiver of the prohibition under extraordinary circumstances, with notification to the President through the APNSA.
- Procurement Considerations: Agencies must review intelligence assessments and consider relevant factors before procuring commercial spyware.
- Reporting Requirements: Agencies must report on their use, procurement, and termination of commercial spyware to the APNSA.
Significant Changes to Policy or Law
- New Policy: The order introduces a new policy specifically targeting the use of commercial spyware by the U.S. Government, aligning with broader national security and foreign policy objectives.
- Alignment with Legislation: The actions are consistent with objectives set forth in sections of the National Defense Authorization Acts for Fiscal Years 2022 and 2023.
Potential Impacts
- Government Agencies: Agencies will need to reassess their use of commercial spyware, potentially leading to operational changes and increased oversight.
- Citizens: The order aims to protect U.S. citizens from the misuse of spyware by foreign entities, potentially enhancing privacy and security.
- International Relations: By setting a standard for responsible use of technology, the U.S. may influence international norms and policies regarding commercial spyware.
Main Stakeholders Affected
- U.S. Government Agencies: Particularly those involved in intelligence, law enforcement, and national security.
- Commercial Spyware Vendors: Companies that develop and sell spyware may face new restrictions on sales to the U.S. Government.
- Foreign Governments and Persons: Entities that misuse commercial spyware against U.S. interests or citizens.
- U.S. Citizens: Especially those who may be targets of foreign surveillance.
Notable Legal, Constitutional, or Political Implications
- Legal: The order aligns with existing legislation, such as the National Defense Authorization Acts, and does not create new enforceable rights or benefits.
- Constitutional: The order respects the constitutional separation of powers by not impairing the authority of executive departments or agencies.
- Political: The order reflects a political stance on technology governance, emphasizing the protection of democracy and human rights, which may influence U.S. foreign policy and international diplomacy.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.