Dublin MEP calls for a full ban on the acquisition and use of spyware in the EU

Dublin MEP Clare Daly has proposed several amendments to the provisional agreement on the EU’s new flagship Media Freedom Act, which will be voted on by the European Parliament this Wednesday.

If passed, these amendments would ban the acquisition of spyware by any EU Member State, as well as its use against any individual resident in the bloc. This would effectively amount to a full ban on the acquisition and use of the technology in Europe.

“The European Media Freedom Act was supposed to be the EU’s big moment to show how much it cared about protecting journalists,” Clare Daly said.

“But the text that’s been agreed between the Council and the Parliament doesn’t protect journalists from the most intrusive surveillance measures – instead it legalises the use of spyware such as Pegasus and Predator against them.

“That is outrageous, and extremely dangerous.

“My amendments to the Media Freedom Act being voted on by the Parliament this week would right this wrong.

“There must be a complete ban on the use of spyware against journalists.

“And since the indiscriminate effects of this technology mean that the targeting of any individual with it could result in journalists and journalistic sources being compromised, that means the only effective way to regulate its use is to ban it outright in the European Union.”

Daly explained that once a phone or computer is infected with spyware every single thing stored on your phone, from text messages to emails to search history, can be seen by the person spying.

“Edward Snowden described spyware such as Pegasus as a ‘nuclear weapon’, such is the damage it does to people’s lives and to their privacy,” Daly said.

“It has been used again and again by Member State governments to spy on journalists, activists, and political enemies.

“It was very recently discovered on MEPs’ phones.

“Once your phone or computer is infected with spyware, the person using it against you can see every single message, email, photo, phonecall, every map search, internet search, every webpage you visit, and on and on. Photographs of your children, phonecalls to your friends, emails to your doctor – all of it is available for them to see.

“Your sister sends you a photo of her children in the bath? A friend sends you a message about his depression?

“It’s all scooped up too. Nobody is safe – its effects are indiscriminate.

“The person deploying it can send emails posing as you, send messages posing as you.

“They have full control of every inch of your device.

“And you won’t be aware of any of it – spyware can be installed on your devices without detection, and run without you noticing. It is so destructive that it is classified as a weapon, and subject to arms control restrictions.

“But despite all of this, and its almost infinite potential to suffocate investigative journalism, not to mention political speech and action; despite its potential to completely destroy ordinary people’s lives whether they’re targeted with it or just caught up in its dragnet – the EU wants to legalise its use against journalists.

“This is absolutely mindboggling.

“They say that there are strong safeguards. But the reality is there are no safeguards strong enough to prevent this technology being used to cut the legs from under journalists, activists, and anyone else a government decides they don’t like.

“And there are no safeguards strong enough to protect ordinary people’s private communications being hoovered up if a journalist friend, or an activist acquaintance, is targeted.

“We don’t talk about the ‘abuse’ of chemical weapons, or the ‘abuse’ of cluster bombs.

“We don’t talk about permitting their use ‘with safeguards’. When weapons are this destructive, we ban them. That’s what we need to do with spyware, which is why I have proposed a full ban on acquisition and use in the EU.”

In conclusion, Daly said:

“Spyware of this kind was originally developed by the Israeli firm NSO, and the vast majority of spyware used in the EU comes from Israel.

“It was first developed as the kind of repression tech in which Israel specialises, and is used as part of that apartheid state’s efforts to crush the Palestinian people.

“Israel is currently committing genocide in Gaza. We should be imposing a full arms embargo, and that should include a complete stop on any weapons imports from Israel.

“That includes spyware.

“My amendments, if passed, would be a first and extremely valuable step in this direction.

“MEPs must vote next week for a full ban on the acquisition and use of this extremely dangerous technology.”