A lawsuit filed by Thai activist Jatupat Boonpattararaksa against an Israeli spyware company was dismissed by a Bangkok court on Thursday. The court ruled that there was insufficient evidence to prove that Jatupat's phone had been compromised by Pegasus spyware, a product of NSO Group Technologies.

Background on the Allegations

Jatupat, known for his role in advocating for democracy, alleged that his phone was infected with Pegasus on three occasions in 2021, coinciding with significant protests calling for governmental and monarchical reforms in Thailand. He claimed the spyware was used to invade his privacy and collect data, infringing upon his and others’ constitutional rights. Despite these allegations, NSO Group has not provided any comments on the case. The company maintains that it merely develops the Pegasus software, which is intended for use by governmental agencies in investigating terrorism and serious crimes.

Investigation Findings

An investigation by local and international organizations, including iLaw, DigitalReach, and Citizen Lab, revealed that at least 35 individuals in Thailand, primarily activists and academics, were targeted using Pegasus spyware during 2020 and 2021. Although suspicions linger about Thai governmental involvement, officials have remained silent on the matter. In 2022, the government acknowledged in Parliament that Pegasus was used by state agencies for "security or narcotics" operations.

Reactions to the Court's Decision

Following the verdict, Jatupat expressed disappointment, emphasizing that the lawsuit was about defending rights and freedoms. He criticized the court for prioritizing state security concerns over individual protections. Sutawan Chanprasert of DigitalReach also found the ruling disheartening but hoped it would guide future legal efforts. Amnesty International, which had supported Jatupat’s legal challenge, described the ruling as "deeply alarming" but vowed that it would not deter efforts to combat unlawful spyware usage globally.

Industry Context

This case highlights ongoing controversies surrounding the deployment of NSO Group's Pegasus spyware, which has been implicated in numerous privacy rights violations across the world. As noted on their website, NSO Group claims to restrict Pegasus's use to government agencies for combating severe criminal activities, distancing themselves from any user misapplication.

Further Reading

Apple Recently Withdrew Its Lawsuit Against NSO Group - Examining a New iOS Zero-Click Exploit That Breaks Apple's 'BlastDoor' Sandbox - Apple's Introduction of 'BlastDoor' to Enhance iPhone Security Against Zero-Click Exploits - Overview of the Israeli Exploit Firm Linked to a Series of Zero-Day Exploits

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