News Analysis India

Tag: Spyware

  • ‘Tell us how many drug mafias you caught through Pegasus’: Congress MP asks Shah

    By PTI

    NEW DELHI: Union Home Minister Amit Shah on Wednesday took exception to Congress member Gaurav Gogoi’s allegation that government snoops on politicians with Israeli spyware Pegasus and asked him to give proof of the claim, saying the house was not meant for “reckless politics.”

    Congress member Gaurav Gogoi, while participating in a discussion in Lok Sabha on drug menace on Wednesday, sought to know from the government about the kind of surveillance mechanism it has in place on the country’s land and sea borders, as well as international airports, to check the entry of contraband into the country.

    The Congress member also sought to know from the Home Minister as to what kind of surveillance and intelligence mechanisms are in place to check the arms smuggling, human trafficking, and smuggling of animal parts at the India-Myanmar border.

    ‘”You snoop on us again and again, install Pegasus on our phones and that of the journalists,” Gogoi charged. “You tell us how many drug mafias you have caught through Pegasus so far,” Gogoi asked Shah.

    Objecting to the Congress member’s remarks, Shah asked Gogoi to submit in the house the proof of his accusation. “He has levelled a very serious allegation that Pegasus has been installed in his mobile. He must submit here the basis (of his accusation) in the House. Either his words are removed or he must submit the basis,” Shah said.

    “The House is for serious discussion, not for reckless politics,” he added.

    ALSO READ | No proof that Pegasus spyware used in phones examined: SC; says Centre didn’t cooperate in probe

    Gogoi urged Speaker Om Birla to issue an order if he made any mistake in asking the government to tell the House if it uses Pegasus for surveillance or not.

    “He has said (Pegasus was) used on him. He must submit facts. He can’t just talk like this. Rest the Supreme Court has decided,” Shah said referring to the apex court’s decision on the Pegasus spyware matter.

    “What can we do if you also do not read like your leader,” he also said, hitting out at Gogoi over his remarks Intervening, the Speaker told the members that it will enhance the dignity of the House if they make their points with facts and proof.

    “This is my request,” he added.

    READ HERE | Govt had something to hide, says Rahul Gandhi on Centre’s non-cooperation in Pegasus probe

    NEW DELHI: Union Home Minister Amit Shah on Wednesday took exception to Congress member Gaurav Gogoi’s allegation that government snoops on politicians with Israeli spyware Pegasus and asked him to give proof of the claim, saying the house was not meant for “reckless politics.”

    Congress member Gaurav Gogoi, while participating in a discussion in Lok Sabha on drug menace on Wednesday, sought to know from the government about the kind of surveillance mechanism it has in place on the country’s land and sea borders, as well as international airports, to check the entry of contraband into the country.

    The Congress member also sought to know from the Home Minister as to what kind of surveillance and intelligence mechanisms are in place to check the arms smuggling, human trafficking, and smuggling of animal parts at the India-Myanmar border.

    ‘”You snoop on us again and again, install Pegasus on our phones and that of the journalists,” Gogoi charged. “You tell us how many drug mafias you have caught through Pegasus so far,” Gogoi asked Shah.

    Objecting to the Congress member’s remarks, Shah asked Gogoi to submit in the house the proof of his accusation. “He has levelled a very serious allegation that Pegasus has been installed in his mobile. He must submit here the basis (of his accusation) in the House. Either his words are removed or he must submit the basis,” Shah said.

    “The House is for serious discussion, not for reckless politics,” he added.

    ALSO READ | No proof that Pegasus spyware used in phones examined: SC; says Centre didn’t cooperate in probe

    Gogoi urged Speaker Om Birla to issue an order if he made any mistake in asking the government to tell the House if it uses Pegasus for surveillance or not.

    “He has said (Pegasus was) used on him. He must submit facts. He can’t just talk like this. Rest the Supreme Court has decided,” Shah said referring to the apex court’s decision on the Pegasus spyware matter.

    “What can we do if you also do not read like your leader,” he also said, hitting out at Gogoi over his remarks Intervening, the Speaker told the members that it will enhance the dignity of the House if they make their points with facts and proof.

    “This is my request,” he added.

    READ HERE | Govt had something to hide, says Rahul Gandhi on Centre’s non-cooperation in Pegasus probe

  • No proof that Pegasus spyware used in phones examined: SC; says Centre didn’t cooperate in probe

    By PTI

    NEW DELHI: The Supreme Court on Thursday said the technical panel appointed by it to probe the unauthorised use of Pegasus has found some malware in five mobile phones out of the 29 examined but it could not be concluded that it was due to the Israeli spyware.

    After perusing the report submitted by former apex court Justice R V Raveendran, Chief Justice N V Ramana also noted that the Central government did not cooperate with the Pegasus probe.

    The top court last year ordered a probe into the allegations of the use of Israeli spyware by government agencies for targeted surveillance of politicians, journalists, and activists and appointed technical and supervisory committees to look into the Pegasus row.

    The three-judge bench said the overseeing panel has submitted a “lengthy” report in three parts.

    One of the parts suggested amending the law to protect citizens’ right to privacy and ensure the nation’s cyber security.

    “They (Committees) have observed that the Government of India did not cooperate. Whatever stand you had taken here, you have taken the same stand before the committee also”, the bench, also comprising Justices Surya Kant and Hima Kohli, said.

    Referring to a report of the technical panel, the bench said it was “little concerned” as it appeared that out of 29 phones, which were submitted to the technical committee for examination, five had some “kind of malware” but it cannot be said that these are due to Pegasus.

    “So far as the technical committee report is concerned and it appears that there is a request from the persons, who have given their phones, that the report not be shared. It appears that some 29 phones have been given and in five phones, they found some malware but it does not mean that it is malware from the Pegasus,” the CJI said.

    The bench said the report of Justice Raveendran has suggestions on protecting the citizens’ right to privacy, the future course of action, accountability, amending the law to improve privacy protection and the grievances redressal mechanism.

    It said that the report of the overseeing judge suggested some remedial measures and one is that there should be “amendments in the existing laws and the procedures on surveillance and right to privacy.”

    “Second is enhancing and improving the cyber security of the nation,” the bench said, adding that the report also suggested the “establishment of a mechanism for citizens to raise grievances of illegal surveillance.”

    Noting that it was a “huge report”, the bench said it will see what portion can be given and added that there was also a request not to release the report.

    “These are technical issues. So far as Justice Raveendran’s report is concerned, we will upload it on the website,” the CJI said.

    Senior lawyers Kapil Sibal and Rakesh Dwivedi urged the bench to release a “redacted report” to the litigants.

    When the bench said the Centre did not cooperate, Solicitor General Tushar Mehta responded by saying he was unaware of that.

    The court will now hear the matter after four weeks.

    The technical panel, which included three experts on cyber security, digital forensics, networks, and hardware, was asked to “inquire, investigate and determine” whether Pegasus spyware was used for snooping on citizens and their probe would be monitored by Raveendran.

    The panel members were Naveen Kumar Chaudhary, Prabaharan P, and Ashwin Anil Gumaste.

    Justice Raveendran, who headed the monitoring panel, was assisted by former IPS officer Alok Joshi and cyber security expert Sundeep Oberoi in monitoring the inquiry of the technical panel.

    The apex court, in its order, had said that the probe panel would be empowered to enquire and investigate what steps or actions have been taken by the Centre after reports were published in 2019 about the hacking of WhatsApp accounts of Indian citizens, using the Pegasus suite of spyware.

    Also whether any Pegasus suite was acquired by the Union of India, any state government, or any central or state agency for use against the citizens of India.

    An international media consortium had reported that over 300 verified Indian mobile phone numbers were on the list of potential targets for surveillance using the Pegasus spyware.

    NEW DELHI: The Supreme Court on Thursday said the technical panel appointed by it to probe the unauthorised use of Pegasus has found some malware in five mobile phones out of the 29 examined but it could not be concluded that it was due to the Israeli spyware.

    After perusing the report submitted by former apex court Justice R V Raveendran, Chief Justice N V Ramana also noted that the Central government did not cooperate with the Pegasus probe.

    The top court last year ordered a probe into the allegations of the use of Israeli spyware by government agencies for targeted surveillance of politicians, journalists, and activists and appointed technical and supervisory committees to look into the Pegasus row.

    The three-judge bench said the overseeing panel has submitted a “lengthy” report in three parts.

    One of the parts suggested amending the law to protect citizens’ right to privacy and ensure the nation’s cyber security.

    “They (Committees) have observed that the Government of India did not cooperate. Whatever stand you had taken here, you have taken the same stand before the committee also”, the bench, also comprising Justices Surya Kant and Hima Kohli, said.

    Referring to a report of the technical panel, the bench said it was “little concerned” as it appeared that out of 29 phones, which were submitted to the technical committee for examination, five had some “kind of malware” but it cannot be said that these are due to Pegasus.

    “So far as the technical committee report is concerned and it appears that there is a request from the persons, who have given their phones, that the report not be shared. It appears that some 29 phones have been given and in five phones, they found some malware but it does not mean that it is malware from the Pegasus,” the CJI said.

    The bench said the report of Justice Raveendran has suggestions on protecting the citizens’ right to privacy, the future course of action, accountability, amending the law to improve privacy protection and the grievances redressal mechanism.

    It said that the report of the overseeing judge suggested some remedial measures and one is that there should be “amendments in the existing laws and the procedures on surveillance and right to privacy.”

    “Second is enhancing and improving the cyber security of the nation,” the bench said, adding that the report also suggested the “establishment of a mechanism for citizens to raise grievances of illegal surveillance.”

    Noting that it was a “huge report”, the bench said it will see what portion can be given and added that there was also a request not to release the report.

    “These are technical issues. So far as Justice Raveendran’s report is concerned, we will upload it on the website,” the CJI said.

    Senior lawyers Kapil Sibal and Rakesh Dwivedi urged the bench to release a “redacted report” to the litigants.

    When the bench said the Centre did not cooperate, Solicitor General Tushar Mehta responded by saying he was unaware of that.

    The court will now hear the matter after four weeks.

    The technical panel, which included three experts on cyber security, digital forensics, networks, and hardware, was asked to “inquire, investigate and determine” whether Pegasus spyware was used for snooping on citizens and their probe would be monitored by Raveendran.

    The panel members were Naveen Kumar Chaudhary, Prabaharan P, and Ashwin Anil Gumaste.

    Justice Raveendran, who headed the monitoring panel, was assisted by former IPS officer Alok Joshi and cyber security expert Sundeep Oberoi in monitoring the inquiry of the technical panel.

    The apex court, in its order, had said that the probe panel would be empowered to enquire and investigate what steps or actions have been taken by the Centre after reports were published in 2019 about the hacking of WhatsApp accounts of Indian citizens, using the Pegasus suite of spyware.

    Also whether any Pegasus suite was acquired by the Union of India, any state government, or any central or state agency for use against the citizens of India.

    An international media consortium had reported that over 300 verified Indian mobile phone numbers were on the list of potential targets for surveillance using the Pegasus spyware.

  • 98 amendments moved by Oppn in LS to Motion of Thanks on Prez address; 80 in RS

    By PTI

    NEW DELHI: Opposition members in the Lok Sabha have moved 98 amendments to the Motion of Thanks on the president’s address, while those in the Rajya Sabha have moved 80 amendments.

    Sources said a total of 232 amendments have been received by the Lok Sabha Secretariat and 13 Opposition members have moved 98 amendments to the Motion of Thanks on the president’s address. These include some on the Pegasus snooping controversy, they added.

    The amendments on the Pegasus issue were not admitted in the Upper House of Parliament, where such notices were disallowed by the secretariat since the matter is sub-judice, the sources said. In the Rajya Sabha, 19 notices for amendments were not moved as the three members proposing them were not present in the Upper House when the motion was taken up.

    The sources also said the notices given by Opposition members Elamaram Kareem (CPI-M) and KC Venugopal (Congress) for amendments on the Pegasus issue were not accepted by the Rajya Sabha Secretariat.

    The secretary had received 99 notices by 14 Opposition members and since three were not present when the motion was taken up, a total of 80 amendments on the Motion of Thanks were moved on various issues by 11 members in the Upper House.

    Kareem has also written to Rajya Sabha Chairman M Venkaiah Naidu for giving a ruling that under what grounds his amendments were not admitted or disallowed.

    “It is quite unfortunate and condemnable that such a decision has been taken, violating the basic right of a member of Parliament,” the Left leader said in his letter, adding that as a representative of people, he has to raise their concerns on the floor of the House.

    He said this action could create an impression among people that the Rajya Sabha Secretariat deliberately excluded the amendments that deal with incidents that could expose the Centre. “The unilateral action is completely undemocratic and unethical,” Kareem said.

    He claimed that similar amendments moved in the Lok Sabha were admitted and said the Upper House cannot escape its responsibility to maintain transparency in revealing the reason for disallowing his amendments.

  • CPI(M) MP gives notice in Rajya Sabha to move privilege motion on Pegasus issue

    By PTI

    NEW DELHI: CPI(M) MP V Sivadasan submitted a notice on Monday to move a privilege motion under rule 187 of the Rules of Procedure and Conduct of Business in Rajya Sabha, accusing the government of “misleading” the House on the Pegasus spyware issue.

    In his notice, Sivadasan said on August 9 last year, responding to his question on whether the government had carried out any transaction with NSO Group Technologies, Minister of State, Defence Ajay Bhatt said there was no transaction between the ministry and the Israeli firm, while a report in the New York Times has stated that India and Israel agreed on “the sale of a package of sophisticated weapons and intelligence gear worth roughly USD 2 billion — with Pegasus and a missile system as the centrepieces”.

    “This revelation confirms the apprehension that the reply by the Hon Minister was misleading the august House, thus constituting a breach of my privilege as a member of the House and of the privilege of the House as a whole. The matter has grave implications for the dignified functioning of Parliament,” he said.

    The Communist Party of India (Marxist) MP also said he had raised a similar question again, this time to the Ministry of Home Affairs, which was rejected, but the MHA chose to “insultingly dub the question as hypothetical in remarks, thus trying to convey the message that there was no ground for such a question to arise”.

    “This response was received in the members’ portal. But the New York Times and several national and international media houses have published the news that Pegasus was bought from NSO group of companies as part of a billion-dollar deal with Israel. Thus, it is evident that the response of the Ministry of Home Affairs is misleading.”

    ALSO READ: Pegasus spy row: CPI MP submits notice to move motion against Union minister Ashwini Vaishnaw

    “As the minister heading the Ministry of Home Affairs, Amit Shah is responsible for the misleading response, which constitutes a breach of my privilege as a member of the House,” he said.

    Sivadasan also raised questions on the response of Minister of Electronics and Information Technology Ashwini Vaishnaw, who in his statement on the Pegasus issue had said, “NSO has also clearly rubbished the claims in the report.”

    This revelation confirms the apprehension that the statement by the minister was misleading Parliament, thus constituting a breach of the privilege of the House. The matter has grave implications for the dignified functioning of Parliament.

    The continuous accountability of the executive to the legislature is the distinguishing feature. And any attempt by the executive to mislead Parliament constitutes a grave attack on the democratic values.

    “It is a frontal attack on the concept of popular sovereignty, which constitutes the bedrock of our democracy,” the Left leader said in his notice.

    “It is condemnable that the ministers deliberately chose to mislead the House by giving vague and incorrect statements”, he said, adding, “Based on the facts above mentioned, I propose to move a motion to refer the said question of privilege to the Committee of Privileges, Rajya Sabha.”