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Amnesty International is taking legal advice in order to revoke the export licence of Israel-based NSO Group, after it was revealed the cyber firm's spyware had been used in an attempt to spy on an Amnesty staff member.
A recent investigation by Haaretz newspaper uncovered the firm's sophisticated surveillance tool "Pegasus" was offered to authorities in Saudi Arabia last year.
Amnesty International is taking legal advice in order to revoke the export licence of Israel-based NSO Group, after it was revealed the cyber firm's spyware had been used in an attempt to spy on an Amnesty staff member.
A recent investigation by Haaretz newspaper uncovered the firm's sophisticated surveillance tool "Pegasus" was offered to authorities in Saudi Arabia last year.
Two weeks ago, Amnesty International Israel submitted an urgent request to the Israeli Ministry of Defence, demanding that NSO Group's defence export licence be revoked in light of an attempted cyber attack on an Amnesty staff member via NSO's spyware.
But this week, the Israeli Defence Ministry refused to revoke the firm's licence, causing Amnesty International to consider seek legal action.
"We thoroughly reject this inadequate response. The mountain of evidence and reports on NSO Group and the sale of its spyware to human rights-violating regimes is substantial proof that NSO has gone rogue", said Molly Malekar, Programs Director of Amnesty International Israel.
"The Ministry of Defence must answer for their failure to properly regulate NSO Group as they are in charge of controlling Israeli Defence Export.
"By continuing to approve of NSO Group, the Ministry of Defence is practically admitting to knowingly cooperating with NSO Group as their software is used to commit human rights abuses."
In June this year, an Amnesty International staff member was targeted by a sophisticated surveillance campaign, in what the organization suspects was a deliberate attempt to spy on its staff by a government hostile to its work.
"Amnesty International will not stand idly by as companies such as NSO Group profit from selling their invasive Pegasus software to repressive states around the world", said Danna Ingleton, Deputy Director of Amnesty International Tech.
"NSO Group's software has been used to attack Amnesty staff and fellow human rights defenders globally. As the Israeli Ministry of Defence refused our request to revoke the export licence, it is clear that we now need to take additional legal steps to expose the truth and seek accountability for the attack against us."
Targeting of Amnesty International staff
In June this year, an Amnesty International staff member received a suspicious WhatsApp message in Arabic. The text contained details about an alleged protest outside the Saudi embassy in Washington D.C., followed by a link to a website. Investigations by Amnesty International's technology team revealed that clicking the link would have installed "Pegasus", a sophisticated surveillance tool developed by the Israel-based company NSO Group.
The WhatsApp message was sent to Amnesty International in a week when the organization was campaigning for the release of six women's rights activists detained in Saudi Arabia. The link, if clicked, would have allowed the Pegasus software to infect the user's smartphone, tracking keystrokes, taking control of the phone's cameras and microphone and accessing contact lists.
Amnesty International's investigation also discovered that another Saudi Arabia rights activist, who later publicly identified himself as Yahya Asiri, received a similar malicious message.
In a statement to Amnesty International, NSO Group said that their product "is intended to be used exclusively for the investigation and prevention of crime and terrorism" and that any other use violate their policies and contracts.
Connection to NSO Group and suspicious websites
Further investigations by Amnesty International revealed that the domain link in the message belongs to a large infrastructure of more than 600 suspicious websites which had been previously connected to NSO Group. Amnesty International is concerned that these could be used to bait and spy on activists in countries including Kenya, Democratic Republic of Congo and Hungary, in addition to the Gulf.
Pegasus was also used to target the Emirati award-winning human rights defender Ahmed Mansoor, who has been in prison in the United Arab Emirates since March 2017.
Background
While law enforcement agencies in many countries have used secret surveillance in relation to national security objectives, Amnesty International is concerned that in many cases surveillance is being carried out in a manner contrary to international human rights law. Tools like Pegasus are especially problematic from a human rights law perspective as they are so deeply invasive.
As laid out in the UN Guiding Principles on Business and Human Rights (UNGPs), companies also have a responsibility to respect human rights wherever they operate in the world.
Amnesty International is a global movement of millions of people demanding human rights for all people - no matter who they are or where they are. We are the world's largest grassroots human rights organization.
(212) 807-8400"You need to understand that he actually believes it is illegal to criticize him," wrote Sen. Chris Murphy.
After failing to use the government's might to bully Jimmy Kimmel off the air earlier this fall, President Donald Trump is once again threatening to bring the force of law down on comedians for the egregious crime of making fun of him.
This time, his target was NBC late-night host Seth Meyers, whom the president said, in a Truth Social post Saturday, "may be the least talented person to 'perform' live in the history of television."
On Thursday, the comedian hosted a segment mocking Trump's bizarre distaste for the electromagnetic catapults aboard Navy ships, which the president said he may sign an executive order to replace with older (and less efficient) steam-powered ones.
Trump did not take kindly to Meyers' barbs: "On and on he went, a truly deranged lunatic. Why does NBC waste its time and money on a guy like this??? - NO TALENT, NO RATINGS, 100% ANTI TRUMP, WHICH IS PROBABLY ILLEGAL!!!"
It is, of course, not "illegal" for a late-night comedian, or any other news reporter or commentator, for that matter, to be "anti-Trump." But it's not the first time the president has made such a suggestion. Amid the backlash against Kimmel's firing in September, Trump asserted that networks that give him "bad publicity or press" should have their licenses taken away.
"I read someplace that the networks were 97% against me... I mean, they’re getting a license, I would think maybe their license should be taken away,” Trump said. "All they do is hit Trump. They’re licensed. They’re not allowed to do that.”
His FCC director, Brendan Carr, used a similar logic to justify his pressure campaign to get Kimmel booted by ABC, which he said could be punished for airing what he determined was "distorted” content.
Before Kimmel, Carr suggested in April that Comcast may be violating its broadcast licenses after MSNBC declined to air a White House press briefing in which the administration defended its wrongful deportation of Salvadoran immigrant Kilmar Abrego Garcia.
"You need to understand that he actually believes it is illegal to criticize him," wrote Sen. Chris Murphy (D-Conn.) on social media following Trump's tirade against Meyers. "Why? Because Trump believes he—not the people—decides the law. This is why we are in the middle of, not on the verge of, a totalitarian takeover."
"An ICE officer may ignore evidence of American citizenship—including a birth certificate—if the app says the person is an alien," said the ranking member of the House Homeland Security Committee.
Immigration agents are using facial recognition software as "definitive" evidence to determine immigration status and is collecting data from US citizens without their consent. In some cases, agents may detain US citizens, including ones who can provide their birth certificates, if the app says they are in the country illegally.
These are a few of the findings from a series of articles published this past week by 404 Media, which has obtained documents and video evidence showing that Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) agents are using a smartphone app in the field during immigration stops, scanning the faces of people on the street to verify their citizenship.
The report found that agents frequently conduct stops that "seem to have little justification beyond the color of someone’s skin... then look up more information on that person, including their identity and potentially their immigration status."
While it is not clear what application the agencies are using, 404 previously reported that ICE is using an app called Mobile Fortify that allows ICE to simply point a camera at a person on the street. The photos are then compared with a bank of more than 200 million images and dozens of government databases to determine info about the person, including their name, date of birth, nationality, and information about their immigration status.
On Friday, 404 published an internal document from the Department of Homeland Security (DHS) which stated that "ICE does not provide the opportunity for individuals to decline or consent to the collection and use of biometric data/photograph collection." The document also states that the image of any face that agents scan, including those of US citizens, will be stored for 15 years.
The outlet identified several videos that have been posted to social media of immigration officials using the technology.
In one, taken in Chicago, armed agents in sunglasses and face coverings are shown accosting a pair of Hispanic teenagers on bicycles, asking where they are from. The 16-year-old boy who filmed the encounter said he is "from here"—an American citizen—but that he only has a school ID on him. The officer tells the boy he'll be allowed to leave if he'll "do a facial." The other officer then snaps a photo of him with a phone camera and asks his name.
In another video, also in Chicago, agents are shown surrounding a driver, who declines to show his ID. Without asking, one officer points his phone at the man. "I’m an American citizen, so leave me alone,” the driver says. "Alright, we just got to verify that,” the officer responds.
Even if the people approached in these videos had produced identification proving their citizenship, there's no guarantee that agents would have accepted it, especially if the app gave them information to the contrary.
On Wednesday, ranking member of the House Homeland Security Committee, Rep. Bennie Thompson (D-Miss.), told 404 that ICE agents will even trust the app's results over a person's government documents.
“ICE officials have told us that an apparent biometric match by Mobile Fortify is a ‘definitive’ determination of a person’s status and that an ICE officer may ignore evidence of American citizenship—including a birth certificate—if the app says the person is an alien,” he said.
This is despite the fact that, as Nathan Freed Wessler, deputy director of the ACLU's Speech, Privacy, and Technology Project, told 404, “face recognition technology is notoriously unreliable, frequently generating false matches and resulting in a number of known wrongful arrests across the country."
Thompson said: "ICE using a mobile biometrics app in ways its developers at CBP never intended or tested is a frightening, repugnant, and unconstitutional attack on Americans’ rights and freedoms.”
According to an investigation published in October by ProPublica, more than 170 US citizens have been detained by immigration agents, often in squalid conditions, since President Donald Trump returned to office in January. In many of these cases, these individuals have been detained because agents wrongly claimed the documents proving their citizenship are false.
During a press conference this week, Homeland Security Secretary Kristi Noem denied this reality, stating that "no American citizens have been arrested or detained" as part of Trump's "mass deportation" crusade.
"We focus on those who are here illegally," she said.
But as DHS's internal document explains, facial recognition software is necessary in the first place because "ICE agents do not know an individual's citizenship at the time of the initial encounter."
David Bier, the director of immigration studies at the Cato Institute, explains that the use of such technology suggests that ICE's operations are not "highly targeted raids," as it likes to portray, but instead "random fishing expeditions."
"The administration has chosen to hold food for more than forty million vulnerable people hostage to try to force Democrats to capitulate without negotiations," says one Georgetown law professor.
Two federal judges have said the Trump administration cannot use the government shutdown to suspend food assistance for 42 million Americans. But hours into Saturday, when payments were due to be disbursed, President Donald Trump appears to be defying the ruling, potentially leaving millions unable to afford this month's grocery bills.
A pair of federal judges in Massachusetts and Rhode Island ruled Friday that the Department of Agriculture's (USDA) freeze on benefits from the Supplemental Nutrition Assistance Program (SNAP), also known as food stamps, was unlawful and that the department must use money from a contingency fund of $6 billion to pay for at least a portion of the roughly $8 billion meant to be disbursed this month.
“There is no doubt that the six billion dollars in contingency funds are appropriated funds that are without a doubt necessary to carry out the program’s operation,” said US District Judge McConnell of Rhode Island in his oral ruling. “The shutdown of the government through funding doesn’t do away with SNAP. It just does away with the funding of it. There could be no greater necessity than the prohibition across the board of funds for the program’s operations.”
McConnell added: “There is no doubt, and it is beyond argument, that irreparable harm will begin to occur if it hasn’t already occurred in the terror it has caused some people about the availability of funding for food for their family."
SNAP benefits are available to people whose monthly incomes fall below 130% of the federal poverty line. More than 1 in 8 Americans rely on the program, and 39% of them are children. According to USDA research, cited by the Washington Post, those who receive SNAP benefits rely on it for 63% of their groceries, with the poorest, who make below 50% of the poverty line, relying on it for as much as 80%.
McConnell shot down the administration's contention that the contingency funds may be needed for some other hypothetical emergency in the future, saying "It’s clear that when compared to the millions of people that will go without funds for food versus the agency’s desire not to use contingency funds in case there’s a hurricane need, the balances of those equities clearly goes on the side of ensuring that people are fed."
While the judge in Massachusetts, Indira Talwani, ruled that Trump merely had to use the contingency funds to fund as much of the program as possible, McConnell went further, saying that in addition, they had to tap other sources of funding to disburse benefits in full, and do so "as soon as possible." Both judges gave the administration until Monday to provide updates on how it planned to follow the ruling.
However, after the ruling on Friday, Trump insisted on social media that "government lawyers do not think we have the legal authority to pay SNAP with certain monies we have available, and now two courts have issued conflicting opinions on what we can and cannot do."
He added: "I do NOT want Americans to go hungry just because the Radical Democrats refuse to do the right thing and REOPEN THE GOVERNMENT. Therefore, I have instructed our lawyers to ask the Court to clarify how we can legally fund SNAP as soon as possible."
Attorney and activist Miles Mogulescu pointed out in Common Dreams that, "until a few days ago, even the Trump administration agreed that these funds should be used to continue SNAP funding during the shutdown."
On September 30, the day before the shutdown began, the USDA posted a 55-page "Lapse of Funding" plan to its website, which plainly stated that if the government were to shut down, "the department will continue operations related to... core nutrition safety net programs.”
But this week, USDA abruptly deleted the file and posted a new memo that concocted a new legal reality out of whole cloth, stating that “due to Congressional Democrats’ refusal to pass a clean continuing resolution (CR), approximately 42 million individuals will not receive SNAP benefits come November 1st.”
As Mogulescu notes: "The new memo cited absolutely no law supporting its position. Instead, it made up a rule claiming that the 'contingency fund is not available to support FY 2026 regular benefits, because the appropriation for regular benefits no longer exist.'"
Sharon Parrott, the president of the Center on Budget and Policy Priorities, who previously served as an official in the White House Office of Management, said last week that it's "unequivocally false" that the administration's hands are tied.
"I know from experience that the federal government has the authority and the tools it needs during a shutdown to get these SNAP funds to families," Parrott said. "Even at this late date, the professionals at the Department of Agriculture and in states can make this happen. And, to state the obvious, benefits that are a couple of days delayed are far more help to families than going without any help at all."
She added: "The administration itself admits these reserves are available for use. It could have, and should have, taken steps weeks ago to be ready to use these funds. Instead, it may choose not to use them in an effort to gain political advantage."
In hopes of pressuring Democrats to abandon their demands that Congress extend a critical Affordable Care Act tax credit and prevent health insurance premiums from skyrocketing for more than 20 million Americans, Republicans have sought to use the shutdown to inflict maximum pain on voters.
Trump has attempted to carry out mass layoffs of government workers, which have been halted by a federal judge. Meanwhile, his director of the Office of Management and Budget, Russell Vought, has stripped funding from energy and transportation infrastructure projects aimed at blue states and cities.
"Terminating SNAP is a choice, and an overtly unlawful one at that," says David Super, a constitutional law professor at Georgetown University. "The administration has chosen to hold food for more than forty million vulnerable people hostage to try to force Democrats to capitulate without negotiations.”