European Union plans to extend export controls on so-called “dual-use” technologies to include cyber-surveillance tools could put the brakes on sales of smartphones.
Dual-use technologies are those that can serve civil or military purposes, and some countries impose restrictions on their sale because of fears that they could be used to abuse human rights in the destination country. A draft of new EU export regulations could put smartphones in that category because of their location-tracking capabilities.
The potential for some technologies to be misused has been a concern in the EU since documents leaked following a compromise of Italian company Hacking Team revealed that it had sold its cyber-surveillance tools to repressive regimes.
The person who breached security systems at Hacking Team subsequently wrote that “Hacking gives the underdog a chance to fight and win,” but European Commission officials were concerned that this EU company, and others like it, were not helping the underdog.
In December 2014 they extended existing export controls to cover “intrusion software,” but now plans are in hand to require licensing of a much broader range of technologies, according to a draft regulation “setting up a regime for the control of exports, transfer, brokering, technical assistance, and transit of dual-use items”obtained by news website Euractiv.
The draft regulation is intended to update existing rules dating from 2009 and was prepared following a public consultation held during the third quarter of 2015.
The leaked draft — which could be presented in final form as early as September, according to Euractiv — extends the existing definition of dual-use items to “also include cyber-surveillance technology which can be used for the commission of serious violations of human rights or international humanitarian law, or can pose a threat to international security or the essential security interests of the Union and its member states.”
It also extends the definition of export to include online distribution, not just physical shipments
