Advanced spyware like Pegasus can access everything on a phone, including photos, texts, emails, and real-time activities. It can silently turn on the microphone and camera without the user's knowledge, effectively turning the phone into a spy device.
The surveillance industry has become more common and accessible, with governments purchasing cheaper spyware to target peaceful activists, dissidents, and political opposition. Scandals have emerged in Western democracies like Greece, Poland, and Spain, where this technology has been misused.
The Spanish government used spyware to hack the phones of Catalonian separatist politicians, civil society members, and innocent bystanders during the 2017 independence bid. Even apolitical individuals, like family members of investigators, were infected, exposing private data.
Legal protections against surveillance in the U.S. are porous, with many loopholes. While constitutional protections exist, they are often insufficient to prevent overreach. The Biden administration signed an executive order to limit commercial spyware use, but it remains vague and lacks specificity.
The Department of Homeland Security (DHS) often purchases legally questionable surveillance technology under a national security rationale, avoiding scrutiny. This technology can be deployed beyond immigration contexts, potentially targeting a wide range of individuals without transparency or legal limits.
Michael Waltz, Trump's national security advisor, advocated for expanding the Foreign Intelligence Surveillance Act (FISA) to more easily spy on individuals, particularly those entering the U.S. illegally. His stance suggests a potential increase in surveillance under the Trump administration, especially targeting immigrants.
Surveillance technology shrinks the space for free expression and dissent, intimidating individuals and suppressing information flow. It threatens democracy by enabling governments to monitor and potentially misuse private information against citizens, even in unexpected contexts like health care and abortion.
Regulating spyware technology is challenging due to its rapid evolution, lack of international frameworks, and the absence of robust domestic laws. Spyware companies compare themselves to arms dealers, highlighting the need for legal constraints akin to the Geneva Conventions.
Our lives, and our communication in particular, are increasingly conducted over the internet. This means we are increasingly able to be hacked and monitored, by governments, by the police, and more and more by anyone who can get their hands on the available software.
Guest: Ronan Farrow, investigative reporter and producer of the Max documentary “Surveilled.”
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Podcast production by Evan Campbell, Cheyna Roth, and Ethan Oberman.
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