The Efficacy of European Union Spyware Regulations

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2023-12-01
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Tech4Humanity Lab
Abstract

Supranational organizations like the European Union (EU) have struggled to enforce successful legal frameworks that adequately regulate and enforce the export and misuse of malware technologies. Considering the Pegasus Project and the newly released Predator Files, EU systems of regulation fall short at addressing the broader malware market abuse, production, and proliferation. Despite numerous export regulations EU states membership in the acclaimed organization has provided a false sense of security and accountability for the upholding of human rights. Pegasus Project and Predator files reveal the mass proliferation of spyware throughout the EU by leveraging its vague export controls and state centered accountability methods. The 2022 EU directive and legislation efficacy fails to uphold export arrangements and by extension United Nations (UN) and EU human rights standards through terminological loopholes and proliferative export regulations.

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