In News:

For the first time, a court in the US has held Israel’s NSO Group liable for its intrusive spyware Pegasus, which could set up a measure of accountability for the company that it has, for long, allegedly downplayed.

Overview:

• Pegasus is a spyware developed by the Israeli company NSO Group.
• It has been used for surveillance, allegedly targeting journalists, activists, politicians, and government officials across the world, including India.

Recent Legal Developments:

• US Court Ruling (2024):
  • A US court held NSO Group liable for using Pegasus to surveil 1,400 WhatsApp users, including 300 from India.
  • NSO Group violated the Computer Fraud and Abuse Act (CFAA) and the California Computer Data Access and Fraud Act (CDAFA).
  • The ruling may revive debates on the accountability of spyware use and its implications on privacy.

Use of Pegasus in India:

• Targeted Individuals (2021):
  • 300 Indian numbers allegedly targeted, including journalists, politicians, Union Ministers, and civil society members.
  • High-profile targets included opposition leaders, constitutional authorities, and activists.
• Government Denial:
  • The Indian government denied involvement, stating allegations lacked substance.
  • In Parliament, IT Minister Ashwini Vaishnaw rejected claims, asserting India’s surveillance laws prevent unauthorized surveillance.
• NSO Group Response:
  • NSO Group denied the allegations, calling them “false and misleading” and citing doubts about the sources.

Investigations and Legal Actions:

• Supreme Court Inquiry:
  • The Supreme Court appointed a committee of technical experts in 2021 to investigate claims.
  • August 2022 Report: Found no conclusive evidence of spyware use on examined devices but noted lack of cooperation from the government.
• State-Level Investigations:
  • West Bengal: Set up a Commission of Inquiry into Pegasus surveillance, later halted by the Supreme Court.
  • Andhra Pradesh: The issue became political, with allegations that the previous government used Pegasus to monitor opposition figures.

Pegasus Spyware Features:

• Capability: Can hack iOS and Android devices to collect data, record conversations, capture photos, and access app data.
• Exploitation Method: Uses zero-day vulnerabilities to exploit iOS and Android devices covertly.
• Invisibility: Operates without user knowledge, often only detected through signs like browser closings after phishing links are clicked.

Controversial Use of Pegasus:

• Global Use: Though intended for fighting terrorism and crime, Pegasus has been misused for spying on journalists, politicians, human rights activists, and opposition leaders.
• India Specifics:
  • Pegasus Project: Targeted Indian citizens, including activists, journalists, and politicians.
  • Amnesty International: Confirmed use of Pegasus to target Indian phones.

India's Legal Framework for Surveillance:

• Telecommunications Act (2023): Empowers the government to control telecom services during emergencies, but requires authorization for lawful interceptions.
• IT Act (2000): Allows the government to monitor, intercept, or decrypt information through computer resources under certain conditions.
• Digital Personal Data Protection (DPDP) Act (2023): Aims to protect personal data, including provisions on surveillance, data breaches, and rights of individuals over their data.

Privacy and Surveillance Concerns:

• Impact on Fundamental Rights:
  • Surveillance infringes on the right to privacy under Article 21 of the Constitution.
  • Freedom of speech and expression (Article 19) may be curtailed, with surveillance being used to suppress dissent.
• Lack of Transparency:
  • Surveillance often occurs without judicial or parliamentary oversight, leading to potential executive overreach.
• Inability to Seek Legal Remedies:
  • Citizens targeted by surveillance cannot challenge it due to lack of awareness, undermining constitutional rights.
• Executive Overreach and Suppression of Free Expression:
  • Pegasus revelations have raised concerns about surveillance targeting constitutional functionaries, suppressing free speech, and stifling open discourse.