Conversation

Nikhil Pahwa
@nixxin
Supreme Court has appointed a largely technical committee, headed by Justice Ravindran, former SC judge, to investigate the Indian government's usage of Pegasus. I'll be on NDTV at 9pm on this. A thread (which I'll update through today) 1. National security: SC observed 1/
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Nikhil Pahwa
@nixxin
that "National Security" is not a free pass for the govt to do what it wants. Their alleged usage of Pegasus needs to be investigated. Hence an expert committee 2. Not a govt committee: the court has appointed its own committee and chose not to accept the govts offer of 2/
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Nikhil Pahwa
@nixxin
Constituting its own committee, because the investigation needs to be independent of the govt. 3. Insufficient response: from the govt regarding the allegations made by the petition, despite sufficient opportunity given to the govt by the SC. 4. My take: 4.1 A technical 3/
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Nikhil Pahwa
@nixxin
Analysis will not help, given that Pegasus can cover its tracks easily by deleting itself. The forensics required here need tremendous expertise. 4.2. Thus, above all, we need auditing of govt expenditure. Follow the money. If Pegasus was bought, investigate the money trail. 4/
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Nikhil Pahwa
@nixxin
4.3 Given international developments re Pegasus by various countries the SC had to order a probe. In fact India needs not just to do something, but to be seen to do something 4.4 this is an excellent opportunity to bring our investigating agencies under some kind of oversight 5/
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Nikhil Pahwa
@nixxin
They are currently unaccountable. We need surveillance reform in India. 4.5 The behaviour of the govt was despicable: they refused to confirm or deny the usage of Pegasus. Used "national security" to try avoid scrutiny. Questioned legitimacy and integrity of news reports 6/
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Nikhil Pahwa
@nixxin
4.6 I hope something substantive come from this entire exercise. Often, committees are a mechanism to kick the ball down the road, and then nothing gets done. This is not one such activity, I hope. More to come.
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Nikhil Pahwa
@nixxin
Replying to
@nixxin
Additional points I made yesterday on the NDTV show 4.6 I don't think we should celebrate just yet. While the order makes all the right noises, it really means nothing until the committee gives a recommendation that leads to the govt being held accountable for Pegasus and 9/
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Nikhil Pahwa
@nixxin
There is a verdict from the SC that leads to Surveillance Reform in India. 4.7 There are people who were saying that the Personal Data Protection Bill will help. I don't agree: the last draft we have seen gives sufficient exemption to the govt, and it would not have stopped 10/
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Nikhil Pahwa
@nixxin
Pegasus Surveillance. 4.8 We cannot trust the Indian government when it comes to Privacy and Surveillance. Let's not forget that they had argued that Privacy is NOT a fundamental right. The 9-0 SC judgment that went against the Govt then was a slap in their face. 11/
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Nikhil Pahwa
@nixxin
4.9 This Pegasus case is firstly a test of the Right to Privacy judgment - a judgment that lets the govt off the hook will be a failure of that Judgment. This is also a test for Justice Ravindran and the committee: can they act independently of govt pressure? 12/
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Nikhil Pahwa
@nixxin
4.10 Above all, this case is a test of the Supreme Court of India: can they uphold Fundamental Right to Privacy & protect rights of citizen against a Govt that has gone rogue with unconstitutional surveillance against its own citizens? We'll find out what the SC is made of here
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Nikhil Pahwa
@nixxin
Completely agree with this. Ravindran committee should be open & transparent. Too much opacity in Indian policymaking. Look at how opaque Justice Srikrishna committee on PDP Bill &
@kris_sg
committee on Non Personal Data have been. Undemocratic.
Quote Tweet
Indira Jaising
@IJaising
#PegasusSpyware I hope the Justice Ravindran Committee would follow a transparent Proceedure of open hearings of the committee inviting members of the public to submit any information they can on all kinds of remotely planted malware framing citizens and snooping on them.
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