'Who were the 300 names targeted on WhatsApp?' Congress rakes up Pegasus once again post US ruling

New Delhi: A recent US court ruling holding Israel's NSO Group accountable for its spyware, Pegasus, has ignited fresh political controversy in India. Congress leader Randeep Surjewala sharply criticised the verdict, which he claims strengthens allegations that 300 WhatsApp numbers in India were targeted by the spyware.

On December 20, a US District Court judge in Oakland, California, ruled in favour of Meta Platforms’ WhatsApp in a lawsuit against NSO Group. The lawsuit accused NSO Group of exploiting a vulnerability in WhatsApp's messaging platform to install Pegasus spyware for unauthorised surveillance. 

Meta Platforms, the parent company of WhatsApp, had filed the lawsuit in 2019, seeking an injunction and damages after NSO Group allegedly accessed WhatsApp’s servers to install the spyware on devices. The lawsuit claimed that 1,400 people, including journalists, human rights advocates, and dissidents, were monitored through the spyware.

300 targeted WhatsApp numbers

In response to the court ruling, Randeep Surjewala, the Congress spokesperson, took to social media to highlight the impact of the case on India. He pointed to the 300 WhatsApp numbers that were allegedly targeted in the spyware operation. Surjewala raised several questions to the Indian government, demanding answers about the identities of those targeted by Pegasus. 

Surjewala asked, "Who are the 300 names targeted? Who are the two Union Ministers? Who are the three Opposition leaders? Who is the Constitutional Authority? Who are the journalists? Who are the business persons?"

He further demanded to know what information was retrieved from these individuals and how it was used by the government.

Calls for accountability

The Congress leader also urged the Supreme Court to take note of the US court’s judgment and asked whether it would now make public the report submitted by the Committee of Technical Experts on the Pegasus spyware case in 2021-22.

Surjewala also suggested that the Supreme Court should ask Meta to submit the 300 targeted names to ensure justice in the case.

Surjewala’s comments have reignited the ongoing debate over the use of Pegasus spyware in India and raised concerns about the potential misuse of surveillance technology by the government.

WhatsApp’s victory for privacy

In the court ruling, US District Judge Phyllis Hamilton found NSO Group liable for hacking and breaching its contract with WhatsApp. The case will now proceed to trial to determine the amount of damages NSO Group will be required to pay. 

Will Cathcart, the head of WhatsApp, celebrated the ruling as a significant victory for privacy. "We spent five years presenting our case because we firmly believe that spyware companies could not hide behind immunity or avoid accountability for their unlawful actions," Cathcart said in a social media post.

NSO group’s defence

NSO Group has maintained that its Pegasus spyware was used by law enforcement and intelligence agencies to combat crime and protect national security. It claimed that the spyware was targeted at terrorists, paedophiles, and criminals. However, NSO's defence has faced criticism for allegedly violating privacy rights and targeting individuals who were not involved in criminal activities.

The US courts have consistently ruled against NSO Group, with the 9th US Circuit Court of Appeals upholding a decision to deny the company "conduct-based immunity."

This legal doctrine would have protected NSO Group from liability for its actions, based on the argument that it was acting on behalf of foreign governments. The US Supreme Court also declined NSO's appeal, allowing the lawsuit to proceed.

ANI