Pegasus: The Spyware that Threatens Human Rights Worldwide

Author:

Renzo Díaz Giunta - Associate Editor at iGlobal.Lawyer & Lawyer

Lawyer specialized in International Human Rights Law

International Director of Constitutional Law at Organización Democrática Mundial Por El Desarrollo (ODM)

Pegasus spyware and its negative impact on Human Rights

Pegasus is a spyware developed by NSO Group, a cyber-intelligence firm from Israel, and it has been used as an intelligence-gathering tool by governments across the world, regardless of whether they have authoritarian or democratic tendencies.

This untraceable spyware has diverse functions, such as tracking a user’s location, collecting data (such as passwords, photos and personal information), monitoring calls, capturing text messages, and harvesting information from the phone’s apps and camera.

Initially, Pegasus was delivered through text messages and WhatsApp chats as a link to infect a person’s phone. However, it now relies on zero-click technology, allowing it to infiltrate the phone's operating system without any action required from the user. These characteristics make Pegasus a threat to Human Rights, such as the rights to life, health, integrity, privacy, freedom of the press, individual freedom, among others.

As stated in a previous publication, freedom of speech and freedom of the press are “often uncomfortable for those in power and the powerful, since they are terrified of the fact that they cannot control what a person says and that they are free to express their ideas, thoughts and criticisms”.

For instance, a government may use Pegasus to surveil political adversaries, activists, and anyone who opposes them. The purpose of these acts of espionage is to monitor their rivals' actions and potentially strike before they do. Depending on the democratic nature of the nation, the use of Pegasus could lead to arbitrary detentions, the initiaton of criminal investigations, online harassment, censorship, or even violence.

Regarding the press, the use of Pegasus is especially detrimental, as it can compromise the integrity of journalistic investigations. For example, the identity of confidential sources or informants could be exposed, or someone could leak the real-time location of journalists, thus jeopardizing their safety and endangering their lives.

In summary, any data harvested from a person’s phone can put them at risk, especially if they are politically exposed. Pegasus has breached firewalls and infiltrated operating systems worldwide, leaving many individuals vulnerable and defenseless. For this reason, tech companies like Apple have been developing and implementing software since 2021 that alerts users when their device has been compromised by spyware.

Some cases of the use of Pegasus

In Mexico, the country with the largest death toll of journalists, concerns have been raised about the discovery of the use of Pegasus by the armed forces to surveil and spy on journalists, and Human Rights activists. So far, criminal responsibilities have not been established, but it is disturbing to know for certain that some members of the Mexican armed forces were spying on those who wanted to expose their alleged crimes and abuses.

In Jordan, Adam Coogle, Human Rights Watch’s deputy director for the Middle East, and Hiba Zayadin, Human Rights Watch’s senior researcher, were presumably targeted by the Jordanian government with Pegasus. These cyberattacks on their phones occurred in the context of the publication of a report that documented the persecution and harassment of citizens who organized peaceful protests to express political dissent against the government.

Evidently, Pegasus has been used to silence and oppress those who dare to question, investigate, or dissent with whoever holds power in a nation. These actions constitute clear and flagrant Human Rights violations; therefore, it is imperative that this situation of impunity ends. Thus, the perpetrators must be brought to justice, including those who have weaponized this spyware and those who arranged for its purchase and allowed it to happen.

Consequently, the Inter-American Commission on Human Rights’ Office of the Special Rapporteur for Freedom of Expression has emphasized, in their 2023 Annual Report, that "both regionally and universally, it is recognized that surveillance practices and the unlawful or arbitrary interception and collection of personal data not only affects the right to privacy and freedom of expression, but may also be contrary to the precepts of a democratic society”.

Due to the massive sale of the spyware Pegasus, NSO Group, the company behind it, has been taken to court by other tech companies that argue about the damages caused to them and their users. Furthermore, in November 2021, the United States government prohibited American companies from selling technology to the Israeli firm and its subsidiaries because NSO Group knowingly supplied tyrants and autocrats with Pegasus, aiding them in locating and silencing dissident voices.

It's worth highlighting what Apple stated in their lawsuit against NSO Group, “Defendants are notorious hackers—amoral 21st century mercenaries who have created highly sophisticated cyber-surveillance machinery that invites routine and flagrant abuse. They design, develop, sell, deliver, deploy, operate, and maintain offensive and destructive malware and spyware products… For their own commercial gain, they enable their customers to abuse those products and services to target individuals, including government officials, journalists, businesspeople, activists, academics”.

The current state of affairs and what to do next

According to the Council of Europe (CoE), in their report about the Pegasus Spyware and its impact on Human Rights, “the growing concerns about the politically motivated use of spyware, followed by the reports about the arbitrary detention, torture, and possibly even extrajudicial killings of political opponents, journalists and human rights activists call for immediate, thorough, effective and independent investigations and strengthened legal safeguards, including independent, impartial, and effective supervisory mechanisms”.

While it is true that the diverse technological advancements being developed and implemented worldwide can facilitate human life, they can also serve as instruments of chaos and cause severe Human Rights violations.

Moreover, at the University of Toronto, a research team led by Bill Marczak states in their research report about Pegasus, that “the current regulatory regime for the spyware industry is not working. Absent strong regulation and control, the industry will continue to bolster authoritarianism by helping powerful elites invisibly thwart the work of journalists seeking to hold them to account”.

Hence, authorities around the globe must address the concerns risen by the ongoing existence and development of technologies such as the Pegasus spyware. An outright ban is not a solution to this problem, and it would be difficult to implement effectively. Thus, the answer lies in the enactment of both national legislation and binding international legislation that establishes standards for the use of such technologies and mechanisms to guarantee transparency in their application.

There is no denying that Pegasus is a cyberweapon. Consequently, it should only be used in exceptional cases, as a last resort, when human lives are in imminent danger and there are national security concerns. Similar to when it was used in 2016 as a tool to assist in the arrest of drug cartel leader El Chapo.

In summary, let us remember that technology is neither good nor evil; it is merely an instrument. Its impact depends on how people use it. Pegasus can be employed to enhance the intelligence network of a nation that is on the brink of war with another country, or that is facing threats from either terrorist groups or transnational organized crime.

This spyware technology, in the right hands and with appropriate and ethical use, can serve the common good by preventing atrocities and the loss of life. Those who have used it and seek to use it again to silence journalists, Human Rights defenders, and the press must stand trial for their crimes.

References

Apple Inc., 2021. "Complaint Apple Inc. v. NSO Group Technologies Limited and Q Cyber Technologies Limited", p. 2. 

Council of Europe, 2022. "Pegasus spyware and its impact on human rights”. Strasbourg: Council of Europe, p. 20.

Diaz Giunta, R., 2022. “El derecho a la libertad de expresión y las redes sociales”. In Diaz Giunta, R., & Roel Alva, L. (Coordinators). Athina: Edición Especial Bicentenario, (15), p. 104.

Inter-American Commission on Human Rights' Office of the Special Rapporteur for Freedom of Expression, 2023. "Annual Report 2023". Washington DC: OAS Publishing, f. 1325.

Marczak, B., et al., 2020. "Stopping the Press: New York Times Journalist Targeted by Saudi-linked Pegasus Spyware Operator". Toronto: Citizen Lab & University of Toronto, p. 12.