Petitions related to #Pegasus were heard by the Supreme Court today. The petitioners have been directed to serve copies of the petitions to the Union Government and the matter to be listed next week for further consideration.
Represented in Court by Mr Arvind Datar, Senior Advocate — with legal assistance from IFF — @RupeshKSingh85 & @IpsaShatakshi have asked the Court to declare the use of a spyware like #Pegasus as unconstitutional, and direct the Govt. to disclose all Pegasus-related documents. 2/n
On the basis of a leaked database accessed by @FbdnStories & @amnesty, explosive reports were published last month by an international media consortium that alleged that a spyware, #Pegasus, was being used to conduct targeted surveillance. 3/n
Notably, the agency that sells the #Pegasus spyware (i.e. the NSO group), according to its own reports, sells it to vetted government clients *only*.
This led reports to imply that the targeted surveillance was being conducted by government agencies. 4/n
.@RupeshKSingh85 & @IpsaShatakshi have reported on important issues of displacement, security encounters and arrests of Adivasi communities, who are often framed as Maoists in #Jharkhand. Their numbers were found in the database but the spyware attacks aren't confirmed. 5/n
In their petition, @RupeshKSingh85 & @IpsaShatakshi have described the psychological trauma of the entire incident. Constant worries of surveillance, monitoring and threats to the life & safety of themselves and loved ones have violated their fundamental rights. 6/n
They've pointed out that the Indian government has trivialised legitimate worries around Pegasus & no steps have been taken to remedy this situation. The petition seeks directions to be issued to the Union Govt. to take steps to protect the fundamental rights of Indians. 7/n
Several petitions were heard today, and submissions were made by Senior Advocates such as Mr. Kapil Sibal, Mr. Chander Uday Singh, Ms. Meenakshi Arora, Mr. Shyam Diwan, Mr. Rakesh Dwivedi, and Mr. Arvind Datar 8/n
We thank Senior Advocates Mr. Arvind Datar for leading on the matter, and advocates @PrateekKChadha, Mihir Nanwadekar @VrindaBhandari, @TanmayPratapS and @krishnesh78 for providing valuable legal assistance on the matter. 9/n
We also thank Mr. Rakesh Dwivedi (@rakvedi) for leading on Mr. SNM Abdi’s and Mr. Prem Shankar Jha’s petition, and advocate @EklavyaDwivedi for providing valuable legal assistance on the matter. 10/n
We will keep you updated on the next date of hearing! We're fighting for transparency and accountability around the biggest #digitalsecurity leaks in India.
IFF had filed six RTI applications in December '18 with the @PIBHomeAffairs to gauge the extent of surveillance conducted by the government. But MHA refused to grant the sought information then, relying on unrelated exemptions under the RTI Act, 2005. 2/n internetfreedom.in/iff-keeps-push…
The questions asked were merely, “How many people were surveilled” and sought no information that threatened national security or interfered with any ongoing investigations.
Yet, @PIBHomeAffairs refused to divulge the crucial data necessary for an informed public debate. 3/n
Repressive governments use spyware, seeking to invade the privacy of dissidents’ to know exactly what they do, when, where, and with whom.
Journalists and activists are major targets around the globe, and intimidation is the name of the game. #CybersecCharcha 2/n
The #PegasusProject and NSO — you probably know a little bit about them. But how much do you know about the booming surveillance industry? #CybersecCharcha 3/n
Remember the “Manipulated Media” episode? When @GoI_MeitY sent letters to Twitter asking it to stop conducting fact checks?
Well, the Ministry of Electronics and Information Technology has now admitted that the letters were not issued under any provision of the IT Act, 2000. 1/n
When @GoI_MeitY first issued its letter to Twitter in May '21, asking it to remove the “Manipulated Media” tag, we wrote to MeitY pointing out that nothing in the IT Act or Rules empowers MeitY to do this. And that this request had no statutory basis. 2/n
We also filed 2 RTIs with MeitY in June asking if it had directed Twitter to remove the tag & under which provisions, if so. MeitY’s response did not refer to any legal provision under the IT Act, although MeitY provided copies of 2 letters to Twitter. 3/n
PUCL is one of the foremost civil liberties organisations in the country! They've helped bring about several landmark judgments expanding human rights in India.
They were petitioners in the original 'Shreya Singhal' judgement & have been following up on #Section66A since. 2/n
Why, you ask? Because even after the 2015 judgement that struck down #Section66A as unconstitutional, authorities kept registering cases with it!
Hearing update: A Supreme Court bench led by Justice Nariman will hear @PUCLindia's application seeking directions against the continued enforcement of S.66A of the IT Act. (1/n)
On 05.07.2021, the Supreme Court directed the Government to respond to the application. The Government filed their reply on 26.07.21 and PUCL has responded to the reply. (2/n)
Based on PUCL's application, MHA has issued a notification on 14.07.21, directing police to stop registering cases under S.66A and to withdraw pending cases.
In 2019, @citizenlab reported how #Pegasus successfully hacked 20 people through WhatsApp out of the 121 Indians it targeted. NSO only gives the spyware to vetted govts. & WhatsApp had confirmed in 2019 that human rights & journalists were spied upon.
2 years ago, #Pegasus targeted citizens through WhatsApp's call function, IFF wrote to state governments seeking investigation, but we were denied. Today, the #PegasusProject reports by @thewire_in show how it has become more sophisticated with its zero-click attack ability.
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