Pegasus report

That the Central Government did not cooperate with the investigation by a Supreme Court-appointed committee into the Pegasus spyware cases does not come as a surprise. It had given ample indication of its intentions when it refused to divulge information, citing national security, as the case was taken up for hearing in 2021 on petitions alleging targeting of mobile phones for surveillance on certain citizens. The setting up of a panel of experts thereafter to look into the charges of illegal snooping by government agencies using Pegasus was viewed as a bold step by the apex court to uphold the right to privacy. The findings on the digital forensic aspects — that while five out of the 29 devices examined appeared to be infected by a malware, it remained inconclusive as to whether that was due to Pegasus or other malware or lack of cyber hygiene — are unlikely to allay fears of sophisticated hacking, and the continued use of such illegal tactics.

Central to the issue is the deployment of new tools and technologies in a manner that compromises the rights of citizens. A global consortium of media groups had revealed in July last year that the spyware had been used by several governments around the world to snoop on opponents, journalists, businessmen and activists. Developed by the Israeli cyber-arms company NSO Group, Pegasus allows operators to invade a mobile device, giving access to contacts, messages and movement history. However, NSO has been connected to a number of scandals as a result of the alleged misuse by customers of its flagship Pegasus phone surveillance software.

Pertinent in the two-pronged probe are the recommendations pertaining to tightening the laws to protect cyber security, data privacy and protection against surveillance of citizens. These include formation of a special investigation agency for cyber attacks, creating a mechanism to complain about surveillance and implantation of malware in personal devices, as well as prosecution of private firms resorting to illegal surveillance. Forward movement on the suggestions would be in national interest.

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