Statement delivered by Ms. Sosheena Parmanand, Second Secretary, Permanent Mission of Guyana to the United Nations, during the Arria-formula Meeting on “Commercial Spyware and the Maintenance of International Peace and Security"

Thank you, Madam Chair,

I thank Mr. Railton, Mr. Huntley and Ms. Gavarrete for their briefings. Guyana welcomes the convening of this Arria-formula meeting to discuss commercial spyware and the maintenance of international peace and security. 

The advent of commercial spyware, like many emerging technologies, poses a threat to national and international security when misused. This type of surveillance technology initially developed for legitimate purposes, including for cybersecurity and to counter terrorism now poses a threat to these purposes. 

When misused, commercial spyware increases security risks, privacy concerns and human rights violations. Without robust regulation and a human-rights compliant framework, the significant threat posed by the misuse of this technology will persist.

In light of the foregoing, I wish to highlight the following points:

First, governing the proliferation and use of commercial spyware is not only incumbent upon Member States but requires collaboration with private companies who develop this software. The technical knowledge possessed by these companies is critical for the development of national legislation that effectively regulates the development, sale and use of commercial spyware. 

In a regulatory environment, it is also critical for Member States to strengthen their cooperation with each other. The sharing of information, knowledge and best practices helps in the overall objective of improving the regulation of this technology. 

In her position paper on the governance of spyware, former Special Rapporteur on counterterrorism and human rights, Ms. Aoláin made four recommendations to this effect. She underscored that spyware technology at a minimum must: (i) allow for users to specifically target certain data and metadata, rather than automatically monitor and record all data and metadata; (ii) avoid automatically accessing data relating to contacts of targeted individuals, unless required for investigative purposes; (iii) engineer mechanisms to prevent harmful use; and (iv) create an indelible, permanent, and un-editable auditable record of what actions have been taken by the user of the spyware.

Guyana believes that these are concrete recommendations that can be acted upon in establishing a global framework to govern the use of spyware.  

Second, investment in and the export of commercial spyware products routinely misused can be addressed through export controls, transparency and awareness. Export controls ensure that only authorized companies are able to export spyware products to verified end-users who will be using them for legitimate purposes. Export control measures should entail due diligence by the companies developing this type of software to ascertain the end use of the software and avoid potential negative impacts. Additionally, reporting and monitoring of the exports of spyware products are important measures to address their misuse. Creating awareness about the risks posed by the misuse of spyware technology and educating the public on how to use it in an ethical manner is also important. 

Third, mitigating the misuse of spyware technology in conflicts requires a multi-faceted approach. The use of spyware in conflict has had far-reaching consequences, including human rights violations.  Targets have included government officials, human rights defenders and journalists among others who have access to sensitive information or are targeted for their actions. In this regard, it is essential to ensure that accountability and oversight mechanisms, including in peacekeeping mandates, are promoted and are implemented in compliance with international human rights standards.

Technically, it is also important for Member States to promote encryption as a safeguard against the misuse of spyware. Encryption is key to ensuring online privacy and security, thereby protecting private data, safeguarding individuals’ rights and allowing for secure communication. 

Madam Chair,

The way forward for the safe use of commercial spyware is through multilateral efforts that will ensure that the risks posed by this technology do not hamper the maintenance of international peace and security. To ensure that the opportunities presented by this technology are used only for legitimate purposes by taking into consideration suggestions presented at today’s meeting. Through these undertakings, we can build a safer and more secure digital space for all.   

I thank you.