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Statement on the challenges posed by commercial spyware

Statement by the Republic of Slovenia at the Arria-formula meeting on “Commercial Spyware and the Maintenance of International Peace and Security”

Thank you Madam Chair.

Thank you to the US and the co-sponsors for convening this meeting, also my thanks go to Mr. Railton, Mr. Huntley, and Ms. Gavarrete for their briefings.

Madam Chair,

The proliferation and misuse of commercial spyware exemplify broader ICT threats that have been increasingly considered in the context of international peace and security, including within the Security Council.

The threat posed by spyware and other types of commercial surveillance is not new, but as this grows in scope, scale, and negative impact, so does the complexity of potential responses.

Building on extensive research by civil society organizations, some of which are represented at today’s meeting, a series of recent governmental and intergovernmental initiatives aim to address the disproportionate effects of these intrusive tools.

In this respect, I am pleased to announce that Slovenia has recently joined one of the first-of-its kind multilateral commitments: the Joint Statement on Efforts to Counter the Proliferation and Misuse of Commercial Spyware.

Madam Chair,

In the absence of a common institutional framework, parallel initiatives can lead to inconsistencies in States’ approaches to confining the procurement and use of spyware.

Building trust and achieving progress will require regular multilateral dialogue, complemented by multi-stakeholder approach that includes States, industry, and civil society.

We deem that the UN has a unique convening power and an inclusive platform to bring together different stakeholders and coordinate solutions from various processes.

Furthermore, resorting to existing fora within the UN allows for a primary focus on States’ behavior, rather than constantly changing technology, and avoids the need to reinvent the wheel.

Notably, Madam Chair,

There is a compelling potential to draw a connection between the threat posed by commercial spyware and the framework for responsible state behavior in cyberspace, an important area of discussion within the Open-ended Working Group on Cyber.

The framework, endorsed by all UN Member States, consists of the agreement that international law applies to the conduct of States in cyberspace, along with the complementary voluntary norms.

Resorting to this framework, therefore, provides a number of legal obligations under existing international law that can serve as a basis for tackling the proliferation and misuse of commercial spyware, as well as norms such as one respecting human rights and relevant resolutions of the UN Human Rights Council. 

Indeed, among the most significant risks of spyware are its potential to enable human rights violations and abuses, as well as to disrupt diplomatic relations, increase tensions between States, target UN peacekeeping operations, and undermine humanitarian aid operations.

As these issues are at the root of conflict and insecurity, they also require the Security Council to remain seized of the matter and, if necessary, respond appropriately, in order to fulfil its primary role in maintaining international peace and security.

I thank you.

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