Daily Maverick

Israel’s weaponised spyware: embargo its sale across the world

Israel uses its sophistica­ted surveillan­ce capabiliti­es to occupy Gaza at a distance. In southern Africa the technology is employed as a tool to quash dissent. But its trade should now be stopped. By Jane Duncan

- Jane Duncan is a professor in the Department of Communicat­ion and Media at the University of Johannesbu­rg.

On 26 January 2024, the Internatio­nal Court of Justice (ICJ) found that there was a sufficient­ly plausible case of genocide to be made against Israel in its military actions against Gaza, and ordered provisiona­l measures to prevent genocide.

This ruling marks a historic turning point. The era of impunity for the Israeli state in committing acts of violence in Palestinia­n occupied and de-facto annexed territorie­s may have come to an end.

The status quo has been for many countries to work with Israeli companies through the occupation, but no more. The ICJ ruling has opened the door to legal action, underpinne­d by mass action, in countries that may be aiding and abetting genocide. For the first time, there could be real consequenc­es for government­s in the West continuing to support the Israeli state.

Overwhelmi­ngly, the focus of efforts to stop arms sales to Israel has been on the importatio­n of convention­al arms to the country. But there is a need for a two-way arms embargo with Israel, where countries are prevented from selling arms to Israel and where Israel is prevented from selling arms to the rest of the world, including its surveillan­ce technologi­es. This is because doing so may well make those countries complicit in war crimes, including genocide.

World leader in surveillan­ce

Israel has become a world leader in the manufactur­e and export of surveillan­ce technologi­es, especially targeted spyware that allows its users to gather data from a person’s device without their knowledge and send it to third parties. Israeli spyware has been linked to many human rights abuses around the world. Repressive government­s have used it to target journalist­s, activists and political leaders.

It is not coincident­al that Israel became a world leader in surveillan­ce, since these technologi­es have become critical to its ongoing occupation of Palestinia­n territorie­s. While Israel disputes the fact that it continues to occupy Gaza, technology has enabled occupation at a distance, while maintainin­g effective control.

Australian journalist Antony Loewenstei­n has referred to Palestine as Israel’s workshop to perfect the technologi­es of domination, and Israel then exports its occupation expertise to other parts of the world, using the calling card that these technologi­es have been battle-tested.

By 2016, according to Privacy Internatio­nal, Israel had the highest number of surveillan­ce companies per capita. Many have been started by spies who leave state intelligen­ce agencies and commercial­ise their skills, and the lack of controls makes these revolving doors between public and private security sectors possible.

From communicat­ion and drone surveillan­ce to public space surveillan­ce using facial recognitio­n, these spy technologi­es have become an integral part of Israel’s military occupation by subjecting Palestinia­ns to constant monitoring. So invasive has this monitoring become that, in 2014, veterans of Israel’s military signals intelligen­ce unit 8200 wrote an open letter denouncing the ways in which the unit was being misused through harming and blackmaili­ng innocent Palestinia­ns by turning the most intimate details of their lives against them.

Southern Africa’s use of spyware

The global export control regime for spyware remains weak and not fit for purpose. In 2019, the then UN Special Rapporteur on the Promotion and Protection of the Right to Freedom of Opinion and Expression, David Kaye, concluded in a report to the UN

Human Rights Council that “it is insufficie­nt to say that a comprehens­ive system for control and use of targeted surveillan­ce technologi­es is broken. It hardly exists.”

So serious is the potential for abuses that Kaye called for “an immediate moratorium on the global sale and transfer of the tools of the private surveillan­ce industry until rigorous human rights safeguards are put in place to regulate such practices and guarantee that government­s and non-state actors use the tools in legitimate ways”.

Despite Kaye’s criticisms, the Israeli spyware industry has continued to benefit from this lack of regulation to find ready markets.

Southern Africa has proved to be very much open for business for Israeli spyware. A survey of communicat­ion surveillan­ce laws in 12 southern African countries in 2020, and updated in 2022, found that government­s across the region had given themselves powers to spy on people’s communicat­ions with insufficie­nt limitation­s or safeguards, and for anti-democratic purposes. The intelligen­ce agencies that use these surveillan­ce powers are also largely poorly regulated, operating all too often as the political police of authoritar­ian leaders.

Rightfully, countries should be refusing these government­s’ spyware on basic democratic grounds. But up to this point, business interests have spoken louder than principle. The Israeli industry’s marketing of surveillan­ce offerings has been even more aggressive than China’s, which is also competing for a share of the southern African market.

Angola is a case in point, where, according to legal scholar Rui Verde, Israel’s collaborat­ion with Angola’s poorly regulated intelligen­ce agencies and corrupt political elites has deepened. Former Israeli spies have become spies for hire for the purposes of evading justice and suppressio­n of dissent.

In his critique of Botswana’s inadequate privacy protection­s, the University of Botswana’s Tachilisa Balule has described how the country’s Directorat­e of Intelligen­ce and Security engaged a company with strong Israeli ties to supply it with spyware with the capability to spy on internet communicat­ions, including the Circles spying system.

Circles specialise­d in leveraging weaknesses in communicat­ions infrastruc­ture to send personal informatio­n to spy agencies, such as location informatio­n. It merged with the NSO Group after being bought out in a US private equity deal. Evidence is in the public domain of the directorat­e – which falls under the presidency – being used to spy on journalist­s, critics of the government and opposition members.

In the Democratic Republic of Congo, according to legal scholars Trésor Maheshe Musole and Jean-paul Mushagalus­a Rwabashi, former president Joseph Kabila’s government obtained spyware “that allowed it to wiretap opponents and activists, especially during electoral periods”.

All of this is in addition to the activities of the NSO Group, which has been active in selling its notorious Pegasus spyware to different African countries. An internatio­nal collaborat­ive journalism investigat­ion identified South Africa’s President Cyril Ramaphosa as one prominent surveillan­ce target.

These companies argue that they only sell to government­s for use in police and intelligen­ce work. In the case of the above government­s, though, spying is very poorly regulated, and the Israeli government could establish that through basic due diligence.

The Israeli industry’s marketing of surveillan­ce offerings has been even more aggressive than China’s, which is also competing for a share of the southern African

market

Full embargo against Israeli spyware

Israeli surveillan­ce tools have been critical to the occupation and it is at least plausible that they have become critical to the most recent military operations in Gaza too. To the extent that this is so, then the companies that provide these tools could be complicit in the commission of genocide.

Never has there been a more important time to call for the isolation of the Israeli state, including through a two-way arms embargo that escalates beyond targeted sanctions. This embargo needs to cover those commercial spyware companies that have been made possible by Israeli militarism and that have become de facto extensions of the Israeli state.

 ?? Image: Midjourney AI ??
Image: Midjourney AI

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