Special Commission: spy software is systematically abused

In the past year, the special committee has investigated the use of programs such as the Israeli Pegasus. Programs like these enable the user to penetrate devices unnoticed, for example to view the data stored on them. It is logical that governments need this kind of capacity for, for example, combating terrorism and crime. However, it appears that a number of governments have few scruples when it comes to using this software. Critical journalists and civilians were also spied on.

Reviewing spy software

Last Monday, the European Parliament adopted the report and its recommendations. These will now go to the European Commission, which must convert the recommendations into policy.

First, spy software licenses need to be reviewed. Licenses that do not comply will be revoked. This explicitly concerns the fact that espionage software must comply with the ‘Dual-Use’ regulation. Governments must be able to demonstrate that, even in the case of national security, the use of this software does not violate human rights and laws that apply in the EU. Secondly, the existing laws must be revised. Espionage software is new technology, and there is a possibility that current legislation does not provide sufficient coverage.

Finger pointed especially at Poland and Hungary

Poland and Hungary have recently been more at odds with European governments. In Poland, the government is defying relations with Europe by putting Polish law above European law in 2021. The conservative PiS government likes to make things difficult for LGBTQ+ people and therefore believes that it does not have to pay attention to European laws when human rights are violated.

Hungary can no longer be called a full-fledged democracy, according to several members of the European Parliament. The picture resembles that of Poland: life is made difficult for people outside the traditional, Catholic state of affairs. And it is now clear that critics are being spied on. But the problem is not limited to those two rebellious countries. Revelations about the use of espionage software by the Greek government caused a lot of commotion there.

The Dutch government also spies

Although looking over the fence and shaking your head gossiping about the neighbors is great fun, there are also concerns about the state of affairs in the Netherlands. For example, it is known that between 2014 and 2016 two Dutch companies had ties with the Israeli makers of Pegasus. The AIVD would also have used the spyware. This would have taken place in connection with support provided to the police in tracing a suspect. However, the accompanying report does not state whether this is actually the case. The Ministry of Defense discussed the purchase of espionage software, again it is unclear whether a contract has actually been signed.

It is not yet clear whether criminal offenses have actually been committed by governments or companies in the Netherlands in connection with the use of spyware. According to D66 MEP Sophie in ‘t Veld, precisely this lack of clarity is cause for concern. According to her, governments and authorities hardly cooperate with the committee’s investigation.

Bal is now with the European Commission

If it is up to Parliament, the Commission will get to work on the report and recommendations. There must then be a new report by 30 November stating whether the various EU member states are complying sufficiently with the rules. These findings must then also be made public. It may sound a bit ambiguous, but Parliament’s report is not binding. It is up to the Commission to actually come up with measures if it also believes that countries such as Poland and Hungary have crossed the line.

However, the report that has now been adopted by Parliament is an important step. The seriousness of the problem is now recognized. It should be clear that the unlimited use of espionage software is a threat to the legal order. In addition, according to In ‘t Veld, victims of abuse of spyware must be served justice. Hopefully the Commission agrees.

There is currently a lot of work being done in Europe.