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result in negative consequences, are more resilient to foreign
coercion and surveillance. To supplement these informational
efforts, law enforcement should provide guidance to vulnerable
communities on how to document evidence of harassment,
intimidation, or stalking to help mitigate obstacles to reporting
and prosecution. Law enforcement should consult with
stakeholders including civil society and technology companies to
develop and publicize this guidance. Other agencies, especially
those working with migrants and refugees, should develop
similar outreach strategies.
Congress should pass the bipartisan Foreign
Advanced Technology Surveillance Accountability Act
(H.R.2075) to better understand which governments
use surveillance to target victims of transnational
repression. This bill would require the Department of State
to include information in its annual Human Rights Reports
about the extent to which governments are using excessive
surveillance or advanced technologies to violate rights. The
report should also include information on which companies or
countries have provided biometric or facial-recognition data
to states using these technologies to violate rights. A more
detailed understanding of which countries use surveillance to
target critics can assist development of safeguards for potential
victims of transnational repression, and of targeted sanctions
for perpetrators.
Work with the Department of Justice and other relevant
agencies to update transparency laws regarding
individuals acting on behalf of foreign governments. A
critical step in curbing transnational repression is recognizing
the specific actors committing transnational abuses on behalf
of their home governments. In the United States, antiquated
procedures for regulation of foreign agents under the
Foreign Agent Registrations Act of 1938 (22 U.S.C. 611 et seq)
and 18 U.S.C. Section 951 are a major obstacle to identifying
those acting on behalf of repressive regimes. Although the
Department of Justice has ramped up enforcement against
alleged perpetrators of transnational repression, the laws
remain outdated and do not address the realities of modernday foreign influence activities. The absence of effective
regulation in this area makes it harder than it should be to
distinguish legal activity on behalf of a foreign power or
entity from illegal activity, and thus to address transnational
repression threats before they escalate. Congress should
closely consult civil society groups to mitigate unintended
consequences in any update, such as US-based organizations
being required to register as foreign agents simply because
they receive portions of their funding from non-US sources.
Work at international organizations and bodies with
like-minded governments to highlight the threat of
transnational repression and establish international
norms for addressing it. The United States should work
with partners and allies to call for the creation of a special
rapporteur for transnational repression at the United Nations.
The United States should use its voice, vote, and influence
to introduce resolutions at bodies to which it belongs
condemning the use of transnational repression and calling on
governments to bring accountability for abuses and protection
for victims.
Limiting the ability of perpetrators to
commit transnational repression
Congress should codify a definition of transnational
repression, and work with the executive branch and
civil society to ensure that laws offer protection against
all of its varieties. Many types of transnational repression
fall outside the scope of activities covered by existing law. This
can make it more difficult for law enforcement agents to assist
victims and apprehend and prosecute perpetrators. Codification
of a definition of transnational repression is a needed first step
toward determining which new authorities may be needed.
A possible definition could include the following: “The term
transnational repression describes the ways a government
reaches across national borders to intimidate, silence, or harm
an exile, refugee, or member of diaspora who they perceive
as a threat and have a political incentive to control. Methods
of transnational repression include assassinations, physical
assaults, detention, rendition, unlawful deportation, unexplained
or enforced disappearance, physical surveillance or stalking,
passport cancellation or control over other documents, Interpol
abuse, digital threats, spyware, cyberattacks, social media
surveillance, online harassment, and harassment of or harm to
family and associates who remain in the country of origin.” Close
attention should be given to the protection of civil liberties as
new laws are considered.
Examine the domestic utility of and international
experience with laws criminalizing “individual
espionage.” Spying on refugees, a common tactic of
transnational repression, is not directly criminalized in the
United States. In a number of Nordic and Western European
countries, spying on individuals is either explicitly criminalized
as “refugee espionage,” or clearly incorporated into general
espionage provisions. In the United States, however, espionage
is narrowly defined as the collection or distribution of sensitive
defense information. A new statute addressing “individual
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