The Whatsapp spying question
An independent panel must investigate the surveillance
On Thursday, The Indian Express reported that an Israeli spyware, Pegasus, was used to spy on journalists, activists, lawyers and politicians in India. Owned by the NSO group, Pegasus was deployed to target the Whatsapp messaging service of select individuals and gain access to their entire phone data . Whatsapp has filed a lawsuit in a federal court in the United States against NSO. The disclosure triggered further revelations in India. It appears that activists and lawyers involved with the Bhima Koregaon case, those in Chhattisgarh who track the Maoist conflict, and diplomatic journalists were among the primary targets.
This is a disturbing development for several reasons. For one, it is outright illegal. India has standard protocols for phone interception when the government comes to a considered conclusion that surveillance of an individual implicated in crime or terrorism is needed. No other form of surveillance is justified under the law. Two, it reveals the perils of everyday technology, at a time when the mobile phone has become an indispensable tool in people’s lives. Whatsapp promises end-to-end encryption, which, in turn, means that the conversations are meant to have a higher degree of security. The reports have now busted the myth. Any citizen with a mobile phone will today feel more vulnerable than before. The findings show how easy it is to violate a range of Indian fundamental rights, including the right to privacy.
Third, the nature of the technology used to spy raises even more uncomfortable questions. Pegasus is usually sold to government agencies. The background of a majority of the people who have been targeted indicates they are critics of the government, and have vocally spoken out against it. The government has categorically said that it has nothing to do with the snooping, and has, in fact, sought an explanation from Whatsapp. But this has not allayed apprehensions. The only way to clear the air is to ask a high-powered independent panel, which is given access to intelligence agencies, to investigate the surveillance, its scope, and those behind it. Parliament also needs to push the Personal Data Protection Bill, 2018, with even greater safeguards for privacy. At the same time, citizens must be more cautious. Learn how to use safer technologies for messages; be discreet if possible; and always remember that if you have a mobile phone, you can be snooped upon.