NSO Group Determines Public Officials Are Legitimate Targets
July 12, 2024
Well, that is a point worth making if one is the poster child of the specialized software industry.
NSO Group, makers of the infamous Pegasus spyware, makes a bold claim in a recent court filing: “Government and Military Officials Fair Targets of Pegasus Spyware in All Cases, NSO Group Argues,” reports cybersecurity news site The Record. The case at hand is Pegasus’ alleged exploitation of a WhatsApp vulnerability back in 2019. Reporter Suzanne Smalley cites former United Nations official David Kaye, who oversaw the right to free expression at that time. Smalley writes:
“Friday’s filing seems to suggest a broader purpose for Pegasus, Kaye said, pointing to NSO’s explanation that the technology can be used on ‘persons who, by virtue of their positions in government or military organizations, are the subject of legitimate intelligence investigations.’ ‘This appears to be a much more extensive claim than made in 2019, since it suggests that certain persons are legitimate targets of Pegasus without a link to the purpose for the spyware’s use,’ said Kaye, who was the U.N.’s special rapporteur on freedom of opinion and expression from 2014 to 2020. … The Israeli company’s statement comes as digital forensic researchers are increasingly finding Pegasus infections on phones belonging to activists, opposition politicians and journalists in a host of countries worldwide. NSO Group says it only sells Pegasus to governments, but the frequent and years-long discoveries of the surveillance technology on civil society phones have sparked a public uproar and led the U.S. government to crack down on the company and commercial spyware manufacturers in general.”
See the article for several examples of suspected targets around the world. We understand both the outrage and the crack down. However, publicly arguing about the targets of spyware may have unintended consequences. Now everyone knows about mobile phone data exfiltration and how that information can be used to great effect.
As for the WhatsApp court case, it is proceeding at the sluggish speed of justice. In March 2024, a California federal judge ordered NSO Group to turn over its secret spyware code. What will be the verdict? When will it be handed down? And what about the firm’s senior managers?
Cynthia Murrell, July 12, 2024
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