Spyware is a software with malicious behaviour with an objective to accumulate the details about an individual or organization and send it to the another entity (whether individual or org) that intend to harms the user. It violates the privacy of a person or firm and endangered their devices. One such spyware is Pegasus.
Pegasus, originally an Israeli spyware, named after the mythical winged horse Pegasus, can be transmit flying through the air to infect phones. It has potential to read the messages, tracking calls, stealing passwords, location tracking, accessing target mobile’s microphone and camera. It is created by NSO group, an Israeli technology firm.
Back in August 2018, it is for the first time discovered in India, that led to the investigation and revealed its existence. And now become the ‘most sophisticated smartphone attack’ ever.
Current scenerio in India-
2019, Facebook initiated a suit against NSO, asserting that Pegasus has been used to seize the whatsapp communication of atleast 300 individuals in India including Journalists, bureaucrats, activists and even ministers too. It has now become a topic for debate in parliament since the allegations are made against the government spying on its own citizens and invading into their private life. The NSO’s claim that only governments are their customers and not the private entities has made these proclaimation strong. According to NSO, Pegasus and other spyware are exclusively exported to government entities for the purpose of preventing and scrutinize crimes and to counter terrorism. Pegasus has now snooping into people’s lives illegitimately due to its nature to obtain information outside the boundaries of law.
Two acts, in this regard are made i.e. Information Technology Act of 2000 and Telegraph Act 1885 and these both acts criminalise hacking. Telegraph Act 1885, deals with the interception of calls allowing government to intercept calls only in certain conditions. Similarly, IT Act of 2000 enacted to intercept all the electronic transmission. To use Pegasus like spyware, government would have to invoke both the Acts and the government has claimed that all interception in India takes place lawfully.
Constitution of India guarantees the freedom of thought, speech and expression (Article 19) and Right to privacy. These are the fundamental rights of an individual protected by Supreme court and significant for a nation to identify itself as a democracy.
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