EU states should take protective measures if they want to continue using state trojans like Pegasus. This includes demonstrating that government use of spyware is in line with European standards on human rights and the rule of law. This is what the European Parliament’s committee of inquiry into the use of Pegasus and comparable spy software demands after a good year of investigation.
MEPs are also demanding that all licenses for the sale of spy software that do not comply with the Dual-Use Regulation for military-civilian technology be revoked. This also applies to the area of national security.
All cases of suspected misuse of spyware should be “fully investigated and promptly resolved” by the relevant law enforcement, judicial and government authorities. What is also needed is the “express commitment” to involve Europol in investigations into suspected illegal use of spyware.
Large majority for non-binding recommendations
The committee of inquiry approved its final report on Monday with a large majority of 30 votes in favor, with only three votes against and four abstentions. The recommendations are supported by a similarly strong majority.
Generally condemns the Committee according to the compromises adopted “strongly condemn the use of spyware by Member State governments, members of government agencies or state institutions for the purpose of monitoring, blackmailing, intimidating, manipulating and discrediting opposition, critics and civil society”. It is also unacceptable to “eliminate democratic control and freedom of the press, manipulate elections and undermine the rule of law”. Judges, prosecutors and lawyers should under no circumstances be targeted for political purposes.
The unlawful use of espionage programs by the governments of EU countries and third countries “impairs directly and indirectly the organs of the Union and the decision-making process”, which “undermines the integrity of democracy”, the people’s representatives sound the alarm. They note “with great concern” that the current regulatory structure of the community “is fundamentally inadequate” to respond to such attacks. Many member states have failed to act, threatening the entire EU.
The parliamentarians therefore take the position “that the trade in and use of spyware must be strictly regulated”. However, they recognize “that the legislative process can take time, while abuse must be stopped immediately”. Therefore, the legal use, sale, acquisition and transfer of spyware must be linked to the acceptance of the conditions mentioned. The EU Commission is to assess by November 30 at the latest whether the member states meet the requirements and publish their results.
Fingerprint should be in the malware
Monitoring software should be marked differently for each user in the recommendations “so that the supervisory authorities can clearly identify the perpetrator if abuse is suspected”. This obligatory signature should consist of an individual identification of the competent authority, the type of program used and an anonymous case number. In a clause on zero-day exploits, the committee urges that the exploitation of previously unknown vulnerabilities be regulated and a responsible process for their disclosure established. Such vulnerabilities should at best be sold for the purpose of “enhancing the security” of a system.
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MEPs propose setting up an “EU Tech Lab” to uncover illegal surveillance. It is an independent research institute to investigate suspected cases, provide legal and technological support, test equipment and conduct forensic investigations. In addition, the committee of inquiry recommends a joint EU-US spyware strategy, talks with Israel and other third countries with the aim of establishing rules for the marketing and export of spyware.
The body, which held its first meeting in mid-April 2022, also addresses individual EU countries directly. According to the online service Politico, the group of the conservative European People’s Party (EPP), which includes the CDU and CSU, rejected the recommendations on Greece. Nevertheless, they found a majority. The government in Athens is embroiled in a rampant surveillance scandal, in the course of which journalists, civil servants and entrepreneurs have been spied on with the state Trojan Predator. As early as November, the committee demanded that the executive branch remove any doubts about such questionable operations. Greek Prime Minister Kyriakos Mitsotakis, who faces parliamentary elections on May 21, is a member of the EPP.
In the EU, spyware scandals have also made headlines in Hungary, Poland and Spain, among others. But the hands of the parliamentary enlighteners were often tied. A delegation from the committee also encountered a wall of silence in Israel, where not only the Pegasus manufacturer NSO Group has its headquarters. These were limited to explaining the export rules in general.
Phlegmatic EU Commission
The European Commission often shrugged. According to her, the use of spyware by national security and law enforcement agencies can be effective and necessary. In the report, the committee complained that national authorities received “little or no meaningful information on the acquisition and use of spyware” and on financial aspects. Providers and countries that issue export licenses do not provide any information about customers. In many member states, the necessary high expenditure is not included in the regular budget and “therefore possibly escapes control”.
The report and the recommendations, which still have to pass the parliamentary plenary session, are non-binding. Political self-interests stand in the way of some member states changing course. Reporter Sophie in ‘t Veld complained that so far “justice has not been given to a single person” who was spied on illegally. But there is no impunity for past crimes. There is still a lot to do with the “comprehensive testimony” about questionable practices and the solid response package. The Liberal announced: “The examination by this House will continue.” The chairman of the committee, Jeroen Lenaers (EPP), also assured that the work would not end with the finale of the committee.
Your Draft for the opinion that has now been adopted with amendments presented in ‘t Veld in November. She criticized that in Poland and Hungary in particular, state trojans were an “integral element” of a system in which reporters and members of the opposition who were critical of the government were suppressed. The national governments let the European espionage industry have its way. At the time, the Dutchwoman called for an immediate moratorium; she did not find a majority for this demand in the committee of inquiry.
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