SC Questions Pegasus Use for National Security Purposes

SC Questions Pegasus Use for National Security Purposes

Why in the News ?

The Supreme Court questioned whether the government’s use of Pegasus spyware for national security was wrong, amid ongoing petitions alleging illegal surveillance on citizens. Petitioners demand release of the technical committee report on potential Pegasus usage in India.

SC Questions Pegasus Use for National Security Purposes

Supreme Court’s Observations and Concerns:

  • A Bench led by Justice Surya Kant asked if using Pegasus spyware for tracking anti-national elements was wrong.
  • The court stated that the issue is not spyware itself, but who it targets.
  • It stressed the importance of privacy rights, while also upholding the need for national security.
  • “We cannot compromise national security, especially now,” said Justice Kant.

Petitioners’ Arguments and Demands

  • Senior advocates Kapil Sibal, Shyam Divan, and Dinesh Dwivedi represented journalists and others alleging illegal surveillance.
  • They demanded the release of the technical committee’s report examining phones for Pegasus malware.
  • Sibal cited a S. court ruling that identified India as a country where Pegasus was used.
  • Divan insisted that spying on citizens, especially journalists and judges, was a grave constitutional concern.

Court’s Response and Next Steps

  • The SC said it would not disclose any report content that could impact national sovereignty or security.
  • However, it acknowledged individuals have a right to know if their devices were hacked or safe.
  • The Bench asked petitioners to provide a list of affected persons.
  • Petitioners also sought access to Justice R.V. Raveendran’s report on surveillance law reforms.
About Pegasus Spyware:●Pegasus is a military-grade spyware developed by NSO Group, an Israeli cybersecurity firm founded in 2010.
● It is designed to infiltrate iOS and Android devices and extract sensitive data.
●The spyware can:
○Read messages and emails
○Record calls and ambient sound
○Capture photos using the camera
○Track location and access app data
●Spyware refers to malicious software that secretly monitors and collects information without the user’s consent.

Key Features of Pegasus:

●Advanced Exploitation:
○Uses zero-day vulnerabilities to jailbreak iPhones remotely.
○On Android, it often uses tools like Framaroot for rooting the device.

●Zero-Day Vulnerability:
○  A security flaw that is unknown to the software vendor and has no patch, making it extremely dangerous.

●Rooting/Jailbreaking:
○Gaining administrative control of a device, bypassing standard operating system protections.

● Invisibility:

○Operates covertly, leaving minimal or no trace.
○Often activated via a phishing link; symptoms like the browser closing instantly may be the only hint.

Pegasus Clients and Global Controversy:

●As per NSO Group, Pegasus is sold only to governments for counter-terrorism and law enforcement.
●However, global investigations revealed its misuse:
○Targeting of journalists, human rights activists, opposition leaders, and critics.
●The spyware has raised serious concerns over privacy rights, state surveillance, and press freedom.