Randeep Surjewala. file Photo credit: PTI
The recent US court ruling holding Israel’s NSO group responsible for its spyware, Pegasus, has drawn heavy criticism from Congress leader Randeep Surjewala, who said the court ruling further bolstered allegations that 300 WhatsApp numbers were targeted in India.
A US judge has ruled in favor of the Meta platform’s WhatsApp in a case accusing Israel’s NSO group of exploiting a vulnerability in the messaging app to install spyware for unauthorized surveillance.
In a post on social media platform X, Mr. Surjewala said, “Pegasus spyware case verdict proves how 300 WhatsApp numbers of Indians were targeted in illegal spyware racket.”
He further asked the Centre, “Who are the 300 names targeted? Who are the two Union ministers? Who are the three opposition leaders? Who are the constitutional authorities? Who are the journalists? Who are the business people? ?” “What information was recovered by the BJP government and agencies? How was it used – misused and what were the consequences? Will appropriate criminal cases be filed against the political executives/officers in the current government and NSO owned companies?” The Congress leader asked.
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Mr. Surjewala further asked that “Will the Supreme Court take note of the US court’s judgment in Meta V/S NSO?”
“Should the Supreme Court go ahead with making public the report of the Committee of Technical Experts on Pegasus spyware, submitted in 2021-22? Considering the verdict targeting 1,400 WhatsApp numbers, including 300 in India, will the Supreme Court now conduct further investigations? Will the Supreme Court now hear Meta in the Pegasus case? Will he ask to submit 300 names to complete justice?
“Shouldn’t Facebook (now Meta) take responsibility for releasing the names of the 300 Indians targeted by Pegasus, given that WhatsApp and Facebook have the largest customer base in India and that they have a ‘duty of care and disclosure’ to their customers in India?” he added.
U.S. District Judge Phyllis Hamilton in Oakland granted WhatsApp’s motion and found NSO Group liable for hacking and breach of contract. The case will now be heard on the issue of damages only, according to Hamilton, as reported by Reuters.
Will Cathcart, head of WhatsApp, described the decision as a “victory for privacy”. “We have spent five years presenting our case because we strongly believe that spyware companies cannot hide behind defenses or avoid accountability for their illegal actions,” Mr Cathcart said in a social media post.
Also Read: Explanation | Operation of Pegasus spyware
WhatsApp filed a lawsuit against NSO in 2019, seeking an injunction and damages, alleging that the company accessed WhatsApp servers to install the Pegasus spyware on victims’ devices six months earlier.
According to the lawsuit, 1,400 people, including dissidents, journalists and human rights advocates, were able to be monitored as a result of the intrusion. The NSO argued that Pegasus was used by law enforcement and intelligence agencies to fight crime and protect national security. Targeting terrorists, pedophiles and criminals.
The NSO appealed the 2020 trial judge’s decision to deny “conduct-based immunity,” a legal principle protecting foreign officials performing official duties.
In 2021, the 9th US Circuit Court of Appeals upheld the decision, ruling that NSO’s role in providing licenses and technical support for Pegasus did not shield it from liability under the US Foreign Sovereign Immunities Act. The US Supreme Court rejected the NSO’s appeal of the lower court’s decision, allowing the case to proceed.
published – December 22, 2024 at 10:47 am IST