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DonnaZamirFirstEssay 10 - 08 Feb 2020 - Main.DonnaZamir
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| | | Many suggest, and I tend to agree, that certain cyber-surveillance means should be treated and regulated as weapons, with all that it entails. | |
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< | One effort in this direction is initiated by the Wassenaar Arrangement (the "WA") – a voluntary international export control regime of conventional arms and dual-use goods and technologies, comprised of 42 state members, including the U.S. In a statement of December 2019, the WA Plenary Chair announced that the participating states have adopted new export controls in several areas, including cyber-warfare software, communications monitoring and digital investigative tools. While, in general, this may be a substantive declarative act by the international community, the WA has no actual enforcement mechanisms. Moreover, some of the prominent states in the cyber-surveillance market are not even members of the WA. | >
> | One effort in this direction is initiated by the Wassenaar Arrangement (the "WA") – a voluntary international export control regime of conventional arms and dual-use goods and technologies, comprised of 42 state members, including the U.S. In a statement of December 2019, the WA Plenary Chair announced that the participating states have adopted new export controls in several areas, including cyber-warfare software, communications monitoring and digital investigative tools. While, in general, this may be a substantive declarative act by the international community, the WA has no actual enforcement mechanisms. Moreover, some of the prominent states in the cyber-surveillance market are not members of the WA. | | | An additional attempt to apply restrictive measures upon the cyber-surveillance industry stems from ongoing litigation procedures. In recent years, civil organizations and individuals have been initiating lawsuits against both governments and private entities, for violation of privacy and other related laws. Currently, no affirmative judicial decision has yet to be made in this regard.
Another intriguing litigation channel is being carried out by the private entities themselves of the cyber-surveillance industry. For example, in October 2019, WhatsApp? Inc. (owned by Facebook Inc.), filed a complaint against NSO Group in California, asserting that its spyware had been used to surveil communications of WhatsApp? users, including attorneys, journalists and human-rights activists. | |
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< | Thus, while currently there is no clear solution for the various acute problems incurred by the private cyber-surveillance industry, these regulatory and litigation efforts may be helpful in raising public awareness and promoting the sorely needed change. | >
> | Thus, while currently there is no clear solution for the various acute problems incurred by the private cyber-surveillance industry, these regulatory and litigation efforts may be helpful in further raising public awareness and promoting the sorely needed change. | | |
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