Pegasus, again

Spyware Controversy Keeps Coming Up as Problems Are Left Unsolved

After five years of legal battles, WhatsApp has won a case against an Israeli company called NSO, which created the spyware called Pegasus. A US court decided that NSO broke both US laws and WhatsApp’s rules. Pegasus is spyware that has been used to spy on people through WhatsApp. It’s been a big problem in India, too, as many people targeted by this spyware were journalists, politicians, and even government officials. There are other dangerous types of malware, but the questions left unanswered in the Pegasus case are still very important. They deal with the balance between keeping people safe and protecting their privacy, which is important for a healthy democracy.

When asked if the government uses Pegasus to spy on people, India’s home ministry said in 2019 that both the central and state governments can legally intercept or monitor information based on certain laws. They also named ten government agencies that are allowed to do this. But unlike in many other countries, India does not have strong systems to make sure these agencies use their power properly, or laws that clearly separate what’s necessary from what could be abused.

A report by a Supreme Court committee about the Pegasus case has not been made public. The committee did find malware on five phones, but it couldn’t prove it was Pegasus. The court said that the Indian government didn’t cooperate with the investigation. The government argued that no country would reveal which software it uses for security reasons, but the court reminded everyone that national security is important, but so is protecting people’s privacy and having checks in place to stop abuse of power.

This is even more important because, as we’ve seen in political battles in states like Andhra Pradesh, it can be tempting for any government to misuse surveillance powers. We also remember the reforms in the US after the Watergate scandal that helped rebuild trust in their political system. Today, technology is much more powerful, and spying on people can be far more invasive. If we’re facing bigger dangers, we need stronger protections.

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