Pegasus controversy, a legal viewpoint | Expert Opinion
India TodayThe recent Pegasus controversy has brought forward various new questions which require consideration. Hence, all spyware-related activities are illegal in the country under the Information Technology Act, 2000 as the activities of spyware tantamount to unauthorisedly accessing computer resource, dishonestly or fraudulently without the permission of the user or owner of the computer resource. Inserting spyware into a computer or a mobile is itself a cybercrime under Section 43 read with Section 66 of the Information Technology Act, 2000. Since the interception can only be done through legal means, the plain reading of the Information Technology Act, 2000 clearly shows that the interception is not permissible through spyware. The Information Technology Act, 2000 was never drafted keeping in mind a scenario to enable the government to engage in surveillance through spyware, as part of its legitimate arsenal and ammunition for targeting people.