President Joe Biden signed an executive order today banning government agencies from using commercial spyware deemed to present a national security risk to the United States. The order imposes a ban on agencies using such commercial tools “when they determine, based on credible information, that such use poses significant counterintelligence or security risks to the United States government or that the commercial spyware poses significant risks of improper use by a foreign government or foreign person.” For the purposes of the executive order, the definition of risk includes commercial spyware that may pose counterintelligence or security risks when a foreign government or person has used the software to gain or attempt to gain access to U.S.

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