Two prominent Thai activists have initiated legal action against the government, alleging the unlawful deployment of Pegasus spyware to infiltrate their mobile devices during a period of political unrest approximately three years ago. Yingcheep Atchanont, a law reform advocate, and Arnon Nampa, a human rights lawyer, have accused nine state agencies under Prime Minister Prayuth Chan-ocha's administration of violating their privacy by using the spyware, developed by the Israeli cybersecurity firm NSO Group, to monitor their smartphones.
The activists are seeking an immediate court injunction to prohibit the further use of Pegasus against themselves and other citizens. They also demand the government disclose data related to its Pegasus usage and are seeking $72,000 each in compensation. Pegasus spyware, known for its ability to be remotely installed on target phones without requiring any user interaction, can extract various data, including contacts and group chats, making it a powerful tool for surveillance.
NSO Group asserts that its products, including Pegasus, are exclusively licensed to government intelligence and law enforcement agencies for investigating terrorism and serious crime. However, cybersecurity researchers have documented the spyware's use in 45 countries, raising concerns about potential misuse. The company has faced accusations of its software's involvement in high-profile incidents, such as the killing of journalist Jamal Khashoggi, but maintains that its sales undergo a strict ethical vetting process.
The U.S. government has blacklisted NSO Group, and Apple sued the company in 2021, notifying potential Pegasus victims. Several government critics in Thailand received warnings from Apple about potential targeting by "state-sponsored attackers." The Thai lawsuit names agencies including the Prime Minister's Office, the Royal Thai Police, the Digital Economy and Society Ministry, and the military branches. These agencies have declined to comment on the lawsuit, claiming unawareness.
The lawsuit claims Yingcheep's phone was compromised at least 10 times and Arnon's at least five times between late 2020 and late 2021, coinciding with pro-democracy protests demanding Prayuth's resignation and institutional reforms. An investigation by international watchdog groups, including Canada's Citizen Lab, revealed that at least 30 individuals in Thailand, primarily activists and scholars, were targeted with Pegasus surveillance during this period.
Yingcheep, director of the non-profit Internet Law Reform Dialogue (iLaw), criticizes what he views as repressive laws under Prayuth's leadership. Arnon is a vocal advocate for monarchy reform. Yingcheep attributes the alleged surveillance to Prayuth's "absolutism" following the 2014 coup. In 2022, opposition lawmakers accused the government of spending millions on spyware, including Pegasus. Digital Economy Minister Chaiwut Thanakamanusorn admitted to state agencies using Pegasus for "security or narcotics" but denied his ministry's direct involvement in surveillance.
