**Ireland Proposes New Law Allowing Police to Use Spyware**

The Irish government has announced plans to introduce a new law that would give its law enforcement agencies more surveillance powers, including the use of spyware. The Communications (Interception and Lawful Access) Bill, which is currently in draft form, aims to regulate the use of "lawful interception" technology, including spyware made by companies such as Intellexa, NSO Group, and Paragon Solutions.

According to Jim O'Callaghan, Ireland's minister for justice, home affairs, and migration, there is an "urgent need" for a new legal framework that can be used to confront serious crime and security threats. The new legislation will also include robust legal safeguards to provide continued assurance that the use of such powers is necessary and proportionate, O'Callaghan said.

The existing 1993 law governing the use of lawful interception tools predates most modern means of communications, including messages and calls made with end-to-end encrypted apps. These apps are generally only accessible if authorities hack into a target's devices using government-grade spyware or forensic technology like Cellebrite devices.

The new law will cover "all forms of communications, whether encrypted or not," and can be used to obtain both the content of communications and related metadata. The Irish government has promised that these surveillance powers will come with "the necessary privacy, encryption and digital security safeguards," including judicial authorization and a requirement to be used "in specific cases and only where the circumstances meet a test of being necessary and proportionate to deal with issues relating to serious crime or threats to the security of the State."

**The State of Spyware in Europe**

Ireland's bid to allow its law enforcement to use spyware comes as government spyware continues to proliferate across Europe, despite recent abuses that have highlighted how spyware has been used to violate human rights. While a decade ago most spyware scandals had been largely limited to countries in the Middle East and South America, where standards of human rights vary wildly, there have been several cases of abuse of spyware in Europe in recent years.

Examples include Greece, Hungary, Italy, and Poland, all of which have seen government spyware used to monitor citizens. Yet, spyware has been used in Europe for more than two decades, with the first documented government spyware sale occurring in 2004 when the Italian cybercrime unit Polizia Postale signed a contract with Hacking Team.

Later in 2007, Jörg Ziercke, the head of the German's federal criminal police office, told a local magazine that his agency was using computer spyware. Then in 2008, WikiLeaks revealed the existence of DigiTask, a company that was selling spyware to German authorities for capturing Skype calls.

As security researchers started documenting the abuse of European-made spyware in countries like Egypt, Ethiopia, Mexico, Morocco, the United Arab Emirates, and several more, spyware went mainstream and is now a relatively normalized technology. While some countries like Italy have legislation regulating the use of spyware, the European Union has since attempted to set common standards for the use of this type of technology in response to the scandals on the continent.

**The Future of Surveillance in Ireland**

The announcement lacks specifics on how these new powers will work in practice, given that the law still needs to be written. However, there is a specific section that mentions the need for "a new legal basis for the use of covert surveillance software as an alternative means of lawful interception to gain access to electronic devices" – a clear reference to computer and mobile spyware – to investigate serious crimes.

The Irish government's decision to allow its law enforcement agencies to use spyware has raised concerns about the impact on citizens' privacy rights. As the debate around surveillance continues, one thing is certain: the future of surveillance in Ireland will be shaped by this new legislation and the safeguards that come with it.