Why in News?
The Supreme Court, while hearing the Pegasus case, said there is no issue with a country having spyware for national security, but the real concern is its use against individuals, which will be examined.
What’s in Today’s Article?
- Spyware
- SC Emphasizes National Security Over Disclosure
Spyware
- Spyware is a type of malicious software (malware) designed to secretly gather data from a user’s device and transmit it to third parties without consent.
- It is often used for financial gain by advertisers, data brokers, or cybercriminals.
- Purpose and Risks
- Spyware collects sensitive information like browsing history, financial details, and login credentials.
- It poses serious threats by:
- Enabling identity theft and financial fraud
- Slowing device and network performance
- Causing data breaches in businesses
- Installing additional malicious software
- Common Types of Spyware
- Adware – Monitors activity to serve or sell targeted ads.
- Infostealer – Gathers specific data and chat logs.
- Keyloggers – Records every keystroke to steal usernames, passwords, and messages.
- Rootkits – Grants deep access to a system, often undetectable.
- Red Shell – Tracks user activity during PC game installations.
- System Monitors – Captures emails, websites visited, and keystrokes.
- Tracking Cookies – Follows user behavior across the web.
- Trojan Horse Virus – Delivers spyware by disguising as legitimate software.
- How Spyware Works: The 3-Step Process
- Infiltration – Installed via apps, malicious websites, or attachments.
- Monitoring and Data Capture – Tracks browsing, captures keystrokes, and takes screenshots.
- Transmission or Sale – Sends stolen data to attackers or sells it on the dark web.
- Impact
- Spyware compromises personal and business data, facilitates identity theft, and weakens cybersecurity defenses.
- Detecting and removing spyware can be challenging due to its stealthy nature.
SC Emphasizes National Security Over Disclosure
- The Supreme Court stated that national security cannot be compromised, and there is nothing wrong with a country possessing or using spyware for security purposes.
- The bench, led by Justice Surya Kant and Justice N Kotiswar Singh, clarified that the key concern is not ownership of spyware but against whom it is deployed.
- Individual Right to Privacy Recognised
- While declining to make the full report public, the Court acknowledged that individuals have a Constitutionally protected right to privacy.
- It stated that people who suspect their phones were hacked deserve to know the truth, and the court would consider informing them individually.
- Petitions Alleging Government Surveillance
- The case stems from petitions filed in 2021 by journalists, activists, and public figures.
- They alleged that the government used Pegasus spyware, a military-grade surveillance tool made by Israel’s NSO Group, to monitor citizens.
- Petitioners argued that the core issue remains whether the government possesses and has used Pegasus.
- They stressed that ownership implies the potential for continued surveillance.
- Justice R V Raveendran Committee Report: No Public Disclosure
- On demands to release the report of the SC-appointed Justice R V Raveendran committee, the bench refused, citing national security and sovereignty concerns.
- In October 2021, the Supreme Court appointed a technical committee to investigate whether individuals' phones were hacked using Pegasus spyware.
- The committee was supervised by Justice (retd) R.V. Raveendran, and in 2022, it submitted its findings to the court in a sealed cover.
- In August 2022, the Supreme Court noted the committee had found no conclusive evidence of Pegasus spyware use in the phones examined.
- Malware was detected in five devices, but its nature could not be definitively linked to Pegasus.
- The Centre did not cooperate with the investigation, as per the report.
- SC remarked that while individuals can be informed if their phones were targeted, the report cannot become a public debate document.
