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Suzanne SmalleySeptember 12th, 2023
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COUNCIL OF EUROPE REPORT CALLS USE OF PEGASUS SPYWARE BY SEVERAL COUNTRIES
POTENTIALLY ILLEGAL

Several European states known to have acquired or deployed powerful foreign
commercial surveillance tools have potentially used them illegally, according to
a report released Friday by the Parliamentary Assembly of the Council of Europe
(PACE).

The PACE's Committee on Legal Affairs and Human Rights, which produced the
report, asked at least 14 European Union countries which have bought or used the
tools, including the Netherlands, Germany, Belgium and Luxembourg, to “clarify
the framework of its use and applicable oversight mechanisms” within three
months.

Additionally, the report singles out Poland, Hungary, Spain, Greece and
Azerbaijan, which have already weathered public scandals related to their use of
the NSO Group’s Pegasus spyware and similar tools, to undertake “effective,
independent and prompt investigations” on all confirmed and alleged cases of
spyware abuse.

All Council of Europe member states must regulate the acquisition and use of
spyware by law enforcement and intelligence agencies, the report said, “limiting
the use of Pegasus-type spyware to exceptional situations as a matter of last
resort.”

The Council of Europe was established in the wake of World War II to promote
human rights and democracy. While it cannot enact laws, it describes itself as
being able to “push for the enforcement of select international agreements
reached by member states on various topics.” The Parliamentary Assembly is the
Council’s deliberative body and its members are appointed by the national
parliaments of the Assembly's 47 member states.

The PACE report asserts that member states must establish oversight structures,
including by national parliaments, to monitor the acquisition and use of the
spyware.

Ron Deibert, the director of the research and development institute Citizen Lab,
which focuses on digital surveillance, called the report “promising” on Twitter
and highlighted the fact that it “calls out Poland, Hungary, Greece, Spain and
Azerbaijan on spyware abuses” and mandates that they investigate domestic
spyware abuse.

On Thursday, Poland’s Senate released the findings of an 18-month-long
investigation by a special commission which said the Pegasus hack of an
opposition politician in 2019 featured "gross violations of constitutional
standards.”

The commission said it had alerted prosecutors there of the potential for
criminal charges against the Polish politicians believed to potentially have
been a part of the scandal.

In a summary report of the findings, Pegasus Surveillance Committee Chairman
Marcin Bosacki asserted that Pegasus was used in Poland to an “extremely
aggressive degree.”

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Tags
 * spyware
 * Pegasus
 * Europe
 * EU laws
 * Privacy
 * Council of the European Union

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SUZANNE SMALLEY



Suzanne Smalley is a reporter covering privacy, disinformation and cybersecurity
policy for The Record. She was previously a cybersecurity reporter at CyberScoop
and Reuters. Earlier in her career Suzanne covered the Boston Police Department
for the Boston Globe and two presidential campaign cycles for Newsweek. She
lives in Washington with her husband and three children.


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