Spyware as diplomatic agenda item

Commercial spyware has become a mainstream news item: Politico this week profiled a story about NSO Group in the context of President Biden’s official visit to Israel and Saudi Arabia. Both Middle Eastern countries have ties with this private company, the former as the seat of its headquarters, the second as a customer of its services. The general context of the trip is broadly defensive for the US Administration, as it seeks help to stem the runaway growth in oil prices triggered by the Ukraine war, while emerging from under the shadow of its predecessor’s regional policies, from Jerusalem to Iran to the Abraham Accords. Given Biden’s objectively weak hand, raising the issue of NSO Group and the misuse of their spyware with two strategic partners is particularly complicated. At the same time, many domestic forces, from major companies damaged by Pegasus breaches (Apple, Meta…) to liberals in Congress (such as Oregon Senator Ron Wyden), are clamoring for an assertive stance. Naturally, the agencies of the US National Security State are also in the business of developing functionally similar spyware capabilities. Hence, the couching of the international policy problem follows the pattern of nonproliferation, with all the attendant rhetorical risks of special pleading and hypocrisy. The issue, however, is unlikely to fade away as an agenda item in the near future, a clear illustration of the risks to conventional diplomatic strategy of a situation in which military-grade cryptanalysis is made available on the open market.