CITIZEN LAB RESEARCH REPORT NO.151
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y Hard to detect: Intrusion attempts with digital technologies can be difficult for impacted
individuals to detect.45 People struggle to trace the origins of a smear campaign or to
discover the real identity of those who write harassing or threatening messages on
social media or other online platforms. The availability of zero-click exploits provides
a mechanism for infecting someone’s phone without leaving an obvious trace (such
as a malicious text) or needing the target to take a specific action (such as clicking
on a link).46 It can be challenging for law enforcement or other relevant groups, who
often lack necessary technical expertise, to identify such activity and attribute it to
a specific actor.
y Adaptable: Digital transnational repression is characterized by the ease with which
states that engage in such activities can rapidly change tactics and strategies when
using digital technologies.47 Further, digital transnational repression does not necessarily require the same resource expenditure as physical surveillance activities.48
y More widespread chilling effect: The mere existence of digital technologies, such as
spyware and malware, and the possibility that a country of origin would use them
against a target creates a sense of insecurity and has chilling effects on the social and
political activities of those targeted. Essentially, “having one’s private life exposed
after a malware attack, or learning that a family member was threatened, can
prompt a person to scale back or halt rights activism or other undesired behaviour
immediately.”49
y Lack of accountability for state actors and other perpetrators: As researchers observe,
the “normative cost” of transnational repression may be “low” as such threats may
not be perceived as “breaching the sovereignty of the host country.”50 This impunity
is coupled with the reality that the “normative cost of using transnational repression
has gone down, particularly due to the erosion of norms against states using extraterritorial violence in the absence of war.”51 Indeed, the international law framework
for digital attacks that fall below the threshold of the use of force remains debated.52
at chap. 3; Erica Frantz, Andrea Kendall-Taylor, and Joseph Wright (2020), “Digital Repression in
Autocracies” Varieties of Democracy Institute at 2 <https://www.v-dem.net/media/publications/
digital-repression17mar.pdf> [Frantz et al., “Autocracies”].
45
Moss, “Ties That Bind” at 278. See also Dalmasso et al., “Intervention” at 3; Schenkkan and Linzer,
Freedom House Report at 4.
46
See e.g. Bill Marczak, John Scott-Railton, Bahr Abdul Razzak, Noura Al-Jizawi, Siena Anstis, Kristin
Berdan, and Ron Deibert (2021), “FORCEDENTRY: NSO Group iMessage Zero-Click Exploit Captured
in the Wild,” Citizen Lab <https://citizenlab.ca/2021/09/forcedentry-nso-group-imessage-zero-clickexploit-captured-in-the-wild/>.
47
Moss, “Ties That Bind” at 278.
48
Frantz et al., “Autocracies” at 2.
49
Schenkkan and Linzer, Freedom House Report at 13.
50
Ibid.
51
Ibid at 7.
52
See e.g. Chatham House (2019), “The Application of International Law to Cyber Attacks” Chatham