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Export Controls and Spyware: Enhancing Oversight, Transparency and Restraint

2025/09/18 by Mark Bromley, Giovanna Maletta · 1 voice
Computer Science · #Advanced Malware Detection Techniques

paper · doi:10.55163/gvxo6716

openalex publication_date 2025/09/18 · openalex created_date 2025/10/10 · openalex updated_date 2026/06/11

Abstract

The proliferation and misuse of spyware and other cyber-surveillance tools pose significant threats to human rights and national security. Export controls and sanctions are a critical component of wider attempts to regulate the production and the trade in these tools and to prevent exports that are likely to be misused. Further expansions in the use of sanctions and export controls have been encouraged by recent multilateral initiatives. However, export controls and sanctions are complex instruments and to deploy these tools effectively, states require a deeper understanding of how they work and what they can and cannot achieve. This policy paper reviews the content of the export controls and sanctions that have been applied to the trade in spyware and other cyber-surveillance tools and outlines recommendations on how they could be strengthened, expanded and harmonized. The analysis is supported by a detailed analysis of the types of spyware and other cyber-surveillance tools that have been captured by export controls and sanctions and a mapping of the location of the companies that produce these tools. The paper presents recommendations aimed at improving the consistency and effectiveness of efforts to use export controls and sanctions to tackle the proliferation and misuse of spyware and other cyber-surveillance tools, highlighting steps that can be taken at the national, multinational and EU levels.

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