Pegasus Project: Re-Questioning the Legality of the Cyber-Surveillance Mechanism

States have recently indulged in purchasing surveillance spyware such as Pegasus from big corporations such as the NSO Group to track the activities of its people to curb dissidents. Unfortunately, such incidences are not new in the international domain. Thus, it is imperative to analyze the legalit...

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Main Authors: Atul Alexander, Tushar Krishna
Format: Article
Language:English
Published: MDPI AG 2022-11-01
Series:Laws
Subjects:
Online Access:https://www.mdpi.com/2075-471X/11/6/85
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author Atul Alexander
Tushar Krishna
author_facet Atul Alexander
Tushar Krishna
author_sort Atul Alexander
collection DOAJ
description States have recently indulged in purchasing surveillance spyware such as Pegasus from big corporations such as the NSO Group to track the activities of its people to curb dissidents. Unfortunately, such incidences are not new in the international domain. Thus, it is imperative to analyze the legality of such spyware used by the states with the assistance of foreign corporates under the international framework. In view of the same, the paper while majorly focusing on the significance of right to privacy, traces the standing limitations in the legal mechanism and tries to propose a shared responsibility regime for states and surveillance companies indulging in human rights violations by drawing parallels with the ICoCA mechanism.
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spelling doaj.art-836fa846bf4e4737baeaeb74d16e64c92023-11-24T16:10:47ZengMDPI AGLaws2075-471X2022-11-011168510.3390/laws11060085Pegasus Project: Re-Questioning the Legality of the Cyber-Surveillance MechanismAtul Alexander0Tushar Krishna1Department of Law, West Bengal National University of Juridical Sciences, Kolkata 700098, West Bengal, IndiaDepartment of Law, West Bengal National University of Juridical Sciences, Kolkata 700098, West Bengal, IndiaStates have recently indulged in purchasing surveillance spyware such as Pegasus from big corporations such as the NSO Group to track the activities of its people to curb dissidents. Unfortunately, such incidences are not new in the international domain. Thus, it is imperative to analyze the legality of such spyware used by the states with the assistance of foreign corporates under the international framework. In view of the same, the paper while majorly focusing on the significance of right to privacy, traces the standing limitations in the legal mechanism and tries to propose a shared responsibility regime for states and surveillance companies indulging in human rights violations by drawing parallels with the ICoCA mechanism.https://www.mdpi.com/2075-471X/11/6/85Pegasussurveillancecorporate liabilityhuman rightsspyware
spellingShingle Atul Alexander
Tushar Krishna
Pegasus Project: Re-Questioning the Legality of the Cyber-Surveillance Mechanism
Laws
Pegasus
surveillance
corporate liability
human rights
spyware
title Pegasus Project: Re-Questioning the Legality of the Cyber-Surveillance Mechanism
title_full Pegasus Project: Re-Questioning the Legality of the Cyber-Surveillance Mechanism
title_fullStr Pegasus Project: Re-Questioning the Legality of the Cyber-Surveillance Mechanism
title_full_unstemmed Pegasus Project: Re-Questioning the Legality of the Cyber-Surveillance Mechanism
title_short Pegasus Project: Re-Questioning the Legality of the Cyber-Surveillance Mechanism
title_sort pegasus project re questioning the legality of the cyber surveillance mechanism
topic Pegasus
surveillance
corporate liability
human rights
spyware
url https://www.mdpi.com/2075-471X/11/6/85
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