“Proves how 300 WhatsApp numbers of Indians were targeted”: Randeep Surjewala after U.S. court verdict on Pegasus

Randeep Surjewala. File
| Photo Credit: PTI

A recent U.S. court ruling holding Israel’s NSO Group accountable for its spyware, Pegasus, has sparked sharp criticism from Congress leader Randeep Surjewala who highlighted that the court’s verdict reinforces allegations that 300 WhatsApp numbers in India were targeted.

A U.S. judge ruled in favour of Meta Platforms’ WhatsApp in a lawsuit accusing Israel’s NSO Group of exploiting a vulnerability in the messaging app to install spyware for unauthorised surveillance.

In a post on social media platform X, Mr. Surjewala said, “The Pegasus Spyware case verdict proves how 300 WhatsApp numbers of Indians were targeted in the illegal spyware racket.”

He further posed a series of questions to the Centre, asking “Who are the 300 names targeted! Who are the two Union Ministers? Who are the three Opposition leaders? Who is the Constitutional Authority? Who are the journalists? Who are the business persons?” “What information was retrieved by the BJP government and agencies? How was it used – misused and to what consequence? Will appropriate criminal cases be now lodged against political executive/officers in the present government and company owning NSO?” the Congress leader asked.

Also Read | In Pegasus battle, the fight for surveillance reform

Mr. Surjewala further asked that will “Supreme Court take note of the judgement of U.S. Court in Meta V/S NSO?”

“Will the Supreme Court proceed to make public the report of Committee of Technical Experts on Pegasus Spyware, submitted to it in 2021-22? Will the Supreme Court now conduct further inquiry in view of the judgement affirming targeting of 1,400 Whatsapp numbers, including 300 from India? Will the Supreme Court now ask Meta to submit to itself the 300 names to meet the ends of justice in Pegasus case?” he asked.

”Shouldn’t Facebook (now Meta) now have responsibility to release the names of 300 Indians targeted by Pegasus, considering Whatsapp and Facebook have the biggest subscriber base in India and they have ‘duty of care & disclosure’ to its clients in India?” he further said.

U.S. District Judge Phyllis Hamilton in Oakland granted WhatsApp’s motion and found NSO Group liable for hacking and breach of contract. The case will now proceed to trial only on the issue of damages, according to Hamilton, as reported by Reuters.

Will Cathcart, Head of WhatsApp, described the ruling as a “victory for privacy.” “We spent five years presenting our case because we firmly believe that spyware companies could not hide behind immunity or avoid accountability for their unlawful actions,” Mr. Cathcart said in a social media post.

Also Read : Explained | The operations of the Pegasus spyware

WhatsApp had sued NSO in 2019, seeking an injunction and damages, accusing the company of accessing WhatsApp servers to install Pegasus spyware on victims’ devices six months earlier.

According to the lawsuit, 1,400 people, including dissidents, journalists, and human rights advocates, were able to be monitored as a result of the intrusion.NSO argued that Pegasus was used by law enforcement and intelligence agencies to fight crime and protect national security, targeting terrorists, paedophiles, and criminals.

NSO appealed a 2020 trial judge’s decision to deny it “conduct-based immunity,” a legal doctrine protecting foreign officials performing official duties.

In 2021, the 9th U.S. Circuit Court of Appeals upheld the ruling, finding that NSO’s role in licensing and providing technical support for Pegasus did not shield it from liability under the U.S. Foreign Sovereign Immunities Act. The U.S. Supreme Court declined NSO’s appeal of the lower court decision, allowing the lawsuit to proceed.