On January 28th, The New York Times published a detailed investigative report on the controversial Israeli spying software Pegasus. The over 7000 words report details how the Israeli govt had used the software in defence deals and for diplomatic leverage over other countries, like how it allowed renewal of its licence to Saudi Arabia against the right to fly over the country. The article also details the use of the software by the FBI in the USA, and subsequent blacklisting of the tool by the Biden administration.
The New York Times article mentions how various countries had purchased the software from its maker NSO, which included India. The report says that Pegasus was part of the $2 billion defence deal India had signed with Israel in 2017 during PM Modi’s Israel visit. Unlike the previous allegations regarding the software, the New York Times article does not make any allegations about its misuse. The article’s focus is on how the Israeli govt is using the software to obtain diplomatic benefits from various countries in exchange for a licence of the software. It is notable that the Israeli govt allows the sale of Pegasus software only to governments and government agencies, it is not allowed to be sold to private parties.
After the NYT article came up, the Congress party has started attacking to govt over the issue, led by Rahul Gandhi. The former Congress president has alleged that Modi govt has used the software to spy on primary democratic organisations, political leaders and members of the public. He alleged that the govt has targeted everyone including govt functionaries, opposition leaders, armed forces and judiciary by tapping their phones.
Modi Govt bought Pegasus to spy on our primary democratic institutions, politicians and public. Govt functionaries, opposition leaders, armed forces, judiciary all were targeted by these phone tappings. This is treason.
— Rahul Gandhi (@RahulGandhi) January 29, 2022
Modi Govt has committed treason.
Rahul Gandhi has been alleging that Modi govt has been using the Pegasus software against opposition leaders, Supreme Court judges and others, including himself. After the NYT article, the Congress party has again jumped in to attack the Modi govt on the issue. Party spokesperson Randeep Surjewala called it a damning truth that Modi govt had purchased the software along with other military equipment and technology from Israel.
#WATCH | "Brazen hijack of democracy&act of treason. Modi govt purchased Pegasus in 2017 along with other military technologies as centerpiece of a package,incl weapons&intelligence gear worth roughly US$ 2 Bn from Israel during PM Modi's visit," says Randeep Surjewala on Pegasus pic.twitter.com/IQTm4OC1AJ
— ANI (@ANI) January 29, 2022
However, unlike what Rahul Gandhi and his party are alleging, the New York Times article does not mention anything about how the Indian govt used the software. It just mentioned that along with dozens of other countries, including the USA, India also had acquired the Pegasus software in 2017.
Ever since a consortium of media houses had published a report last year alleging that the Pegasus software was being illegally used by “authoritarian regimes”, including India, to spy on activists and citizens, govt of India has been denying the charges. Although the govt has neither confirmed nor denied purchasing the software, it has categorically denied any unauthorised use. “The allegations regarding government surveillance on specific people has no concrete basis or truth associated with it whatsoever”, the union govt had said. After several people had filed a petition at the Supreme Court alleging use of the software by govt of India to snoop on them, govt of India had said that the allegations are based on conjectures and surmises, or on other unsubstantiated media reports or incomplete or uncorroborated material.
“The allegations regarding government surveillance on specific people has no concrete basis or truth associated with it whatsoever,” the govt had said, adding that the allegations were “based on conjectures and exaggerations to malign the Indian democracy and its institutions.”
The Supreme Court has already formed a committee to investigate the allegations regarding the use of Pegasus. The court has also asked the people, who had alleged that their phones are hacked by the govt using the tool, to submit their phones to the committee for forensic analysis of the devices. Several people have submitted their phones accordingly, and their phones were returned after making a copy of the same for analysis. However, it is not known whether Rahul Gandhi has submitted his phone or not.
Therefore, the allegations regarding the misuse of the tool by the govt are already being probed by a Supreme Court-appointed committee. The New York Times article brings nothing additional for the Congress party to raise its allegations again. Because the report only says that the Indian govt had purchased the software, it does not say that the Indian govt used it against its political opponents.
From the beginning, the Indian govt has been vague on the question of whether it has purchased the software or not, understandably so. While it has categorically denied misuse of Pegasus on opposition leaders, it has neither confirmed nor denied using the software for national security purposes, its intended purpose.
The Israeli govt allows licencing the software to foreign govts for use in their national security programs. All countries have intelligence mechanisms to keep the countries safe from foreign invaders, terror attacks etc, and all govt intelligence agencies use various kinds of surveillance programs to collect information on potential threats. For example, as Snowden had revealed, the NSA in the USA uses elaborate global surveillance programs to spy on potential threats.
Similarly, Indian security agencies also use various means of intelligence gathering. And with India facing threats from both external and internal enemies, it is important to keep a tab on all of them. Not just enemy countries, Indian intelligence agencies also need to keep surveillance on domestic terror groups like the Naxals, Jihadi terror groups and separatist groups. And not just the terror groups, their overground supporters are also subjects of concern, as some of them have direct links with the terror organisations, and may be involved in planning violent operations, and help in their executions.
Therefore, just because New York Times has suggested that the Indian govt may have purchased the Pegasus software, it does not become something illegal. Govt has every right to use such surveillance tools against enemies of the nation. It will be illegal only if it is used against those who are not working against the nation, and till now there is no such proof. There are allegations about it, and a Supreme Court-appointed Committee is already probing those allegations.
From Rafale to Ambani-Adani jibes, Rahul Gandhi has a habit of making baseless allegations against the Modi govt, and the Pegasus is also likely to be same. Even in the original allegations published by The Guardian, it was said that Rahul Gandhi was “selected as candidates for possible surveillance”, it didn’t say he was snooped.
In fact, entire allegations were of similar nature, the publications which had published the report had just randomly listed critics of the govt, saying they are ‘potential targets for snooping’. The reports didn’t even claim Rahul Gandhi or others named in the report were actually spied on. The report itself had clarified that merely the fact that a number appears in the list does not mean that the phone was hacked or that any NSO client even intended to hack the phone.
The NSO has also completely denied the allegations already, saying that they don’t even maintain a list of targets of their software, as that is done by the clients only. The company had refused to identify the governments and government agencies that have purchased the software citing contractual and national security considerations.
The Pegasus issue seems similar to the Rafale issue, where a completely legitimate govt acquisition was questioned by the opposition for political benefits. Just like Rahul Gandhi made some baseless and outrageous allegations regarding the Rafale deal and its associated offset clauses, the issue of Pegasus is also similar. That is, the govt may have bought the software for legitimate uses, and Rahul Gandhi and left-liberal media are alleging its unauthorised without any evidence.
