Spyware is a type of malicious software that interferes with the normal operation of a device (computer, tablet, mobile phone) to collect information without the user’s knowledge and then sends it to an unauthorised third party. This means that it operates covertly and, in many cases, illegally. Its use has increased in recent years following the widespread adoption of encrypted communications. Nowadays, the best way to find out the content of a communication is not to intercept it, but to spy on it at its point of origin or destination – that is, on the devices themselves. This makes spyware a tool for investigation… but also, with worrying frequency, for illegal espionage.
Thus, whilst some stakeholders (manufacturers, governments, security forces, intelligence agencies, judicial officials) weigh up its merits and, above all, its necessity, spyware has at the same time proved to be a major threat to privacy and human rights. It poses an enormous risk due to its profound intrusiveness and indiscriminate access to personal and sensitive information, which, moreover, continues to operate without the victim’s knowledge. Its illegal use constitutes a form of targeted attack, distinct from other forms of mass surveillance. Consequently, those most at risk are individuals who, for various reasons, are politically exposed: political opponents or dissidents, legislators, journalists and activists.
Vía Libre, CELS, Democracia en Red and O.D.I.A. have produced this analysis to highlight the weaknesses in Argentina that put us at real risk of joining the list of countries where spyware is used for political persecution and the violation of fundamental rights.
Companies and governments claim that the use of spyware is restricted to serious crimes, such as terrorism or organised crime. However, the number of cases of illegal use of this tool in countries as diverse as Saudi Arabia, Italy and the United States, and in our region – Mexico, El Salvador, Peru and Colombia – shows that once these tools are acquired by states, it is very difficult to prevent their deployment in illegal intelligence operations, even in countries with strong institutional frameworks. For this reason, some civil society organisations argue for the need to implement a ‘moratorium’ – that is, a temporary ban on the use of these tools – until safeguards can be developed to eliminate or minimise the risks associated with them.
In Argentina, whilst there are unconfirmed rumours regarding its local circulation, no cases of either legal or illegal use of spyware have been recorded to date. At the same time, however, a number of structural and circumstantial factors increase the risk that the illegal use of spyware will spread throughout the country.
In this report, we set out the seven main risk factors we have identified in our country, with the aim of proposing preventive measures that can strengthen the capacity of the state and civil society to regulate the use of these highly invasive technologies. Furthermore, the document includes a final section entitled ‘When should you be concerned?’, which provides guidance on how to identify the possible use of spyware on your devices, along with recommendations for prevention.
