Monday, February 07, 2022

Reports of spyware use on key witness roil Netanyahu trial

By TIA GOLDENBERG

Former Israeli Prime Minister Benjamin Netanyahu leaves a Jerusalem courthouse, Nov. 16, 2021. Israeli media reports say police have used sophisticated spyware against a key witness in the corruption trial of former Israeli Prime Minister Benjamin Netanyahu. The revelations have jolted the trial and shine a light on a contentious Israeli-developed surveillance tool. 
(Jack Guez/Pool Photo via AP, File)

TEL AVIV, Israel (AP) — Israeli police allegedly used sophisticated spyware against a key witness in the corruption trial of former Israeli Prime Minister Benjamin Netanyahu, Israeli media reported, jolting the trial and shining a light on a contentious Israeli-developed surveillance tool.

Netanyahu is in the midst of a lengthy corruption trial over charges of fraud, breach of trust and accepting bribes in three separate cases. In the initial report by Israeli Channel 13 last week, police were said to have used spyware to collect information off the witness’ phone without first obtaining authorization, sparking an uproar.

Netanyahu’s lawyers have demanded answers from the state about what was gathered and how. The report has reenergized Netanyahu’s supporters, who have long seen the trial as part of a conspiracy to topple the polarizing former leader. Even Netanyahu’s political opponents are outraged.

“This is an earthquake that would justify a governmental commission of inquiry,” Cabinet Minister Tamar Zandberg, who sits in the coalition that ousted Netanyahu last year, told Israeli Army Radio Sunday. That the spyware was likely Israeli-developed was a “point of shame,” she said.

Amnon Lord, a columnist at the pro-Netanyahu Israel Hayom daily, called for a mistrial.

The witness whose phone was reportedly hacked, Shlomo Filber, is expected to testify in the coming days and Netanyahu’s lawyers are expected to request a delay to his testimony. It remains unclear whether any of the evidence allegedly gathered was used against Netanyahu.

Police, as well as a lawyer for Netanyahu, did not respond to a request for comment. But last week, Netanyahu, who was ousted last June by a new coalition government, accused police in a Twitter post of illegally hacking into a phone “to topple a strong, right-wing prime minister.”

Israel’s Justice Ministry declined to comment.

State prosecutors have told Netanyahu’s lawyers that they are “thoroughly examining” the reports, according to internal communications seen by The Associated Press.

The report comes after Israeli newspaper Calcalist reported that Israeli police tracked targets without proper authorization. Last week, Israel’s national police force said it had found evidence pointing to improper use of the spyware by its own investigators to snoop on Israeli citizens’ phones. The revelations shocked Israelis and prompted condemnations from across the political spectrum.

Authorities have not said which spyware might have been improperly used.

But the Calcalist report said at least some of the cases involved the Israeli company NSO.

NSO is Israel’s best-known maker of offensive cyberware, but it is far from the only one. Its flagship product, Pegasus, allows operators to seamlessly infiltrate a target’s mobile phone and gain access to the device’s contents, including messages and contacts, as well as location history.

NSO has faced mounting scrutiny over Pegasus, which has been linked to snooping on human rights activists, journalists and politicians across the globe in countries such as Saudi Arabia and the United Arab Emirates.

NSO says all of its sales are approved by Israel’s Defense Ministry. Such sales have reportedly played a key role in Israel’s development of ties with Arab states in the Gulf.

Aluf Benn, editor of the Haaretz daily, said it was a surprising twist that Netanyahu was now portraying himself as a victim.

“What an irony: The man who leveraged Pegasus for foreign-policy gains now believes he lost his domestic power on account of the spyware,” he wrote.

New report alleges widespread Pegasus spying by Israel police

A smartphone with the website of Israel's NSO Group which features the Pegasus spyware
A smartphone with the website of Israel's NSO Group which features the Pegasus spyware.

Police used Pegasus spyware to hack phones of dozens of prominent Israelis, including a son of former premier Benjamin Netanyahu, activists and senior government officials, an Israeli newspaper reported Monday.

The bombshell revelation is the latest from the business daily Calcalist, which had previously reported that  used Pegasus without court authorisation against leaders of an anti-Netanyahu protest movement.

Police Commissioner Kobi Shabtai said that "following the recent publications" he had asked Public Security Minister Omer Barlev to establish "an external and independent commission of inquiry, headed by a judge," to probe the allegations.

"To the extent that the commission finds irregularities and failures, they will be dealt with in accordance with the law," Shabtai said in a statement.

Pegasus is a malware product made by the Israeli firm NSO at the centre of a months-long international scandal following revelations that it was used by governments worldwide to spy on activists, politicians, journalists and even heads of state.

Israel had come under fire for allowing the export of the invasive technology to states with poor human rights records, but the Calcalist revelations have triggered a domestic scandal and multiple state investigations.

Prior to Monday's report, the attorney general, state comptroller and the justice ministry's privacy watchdog have all announced probes into the potential use of Pegasus on Israelis.

In its latest report, Calcalist said dozens of people were targeted who were not suspected of any criminal conduct, and without police receiving the necessary court approval.

They include senior leaders of the finance, justice and communication ministries, mayors, and Ethiopian-Israelis who led protests against alleged police misconduct.

In another revelation set to rock Netanyahu's ongoing corruption trial, Calcalist also reported that key witness Ilan Yeshua, former chief executive of the Walla news site, was also target.

Avner Netanyahu, one of the premier's sons, was also on the list. "I truly am shocked," he wrote on Facebook.

Netanyahu is accused of seeking to trade regulatory favours with media moguls in exchange for favourable coverage, including on Walla. He denies the charges.

His lawyers on Monday demanded the trial be halted until the latest revelations were probed.

The trial also suffered a blow last week when multiple Israeli broadcasters reported that police may have used spyware on Shlomo Filber, a former Netanyahu ally turned state witness.

Those reports, which Netanyhau described as an "earthquake", did not mention Pegasus.

Pegasus is a surveillance program that can switch on a phone's camera or microphone and harvest its data.

NSO has consistently denied wrongdoing throughout the multi-stranded Pegasus scandal, stressing that it does not operate the system once sold to clients and has no access to any of the data collected.

Israel probes alleged Pegasus use to spy on citizens

© 2022 AFP

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