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Probe clears Israel Police after report alleges spyware abuse

Team headed by Deputy Attorney General Amit Marari finds that the police did not use the Pegasus phone tracking tool without a judge's warrant.

by  Netael Bandel and AP
Published on  08-02-2022 11:37
Last modified: 08-02-2022 11:37
Israel's NSO suing paper overs claims Israel Police used its spyware on civiliansAFP/Jack Guez

A woman uses her iPhone in front of the building in Herzliya that houses the NSO group on Oct. 29, 2019 | File photo: AFP/Jack Guez

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A team charged with probing Israel Police used of Pegasus spyware on Israeli citizens phones found "no indication that any phones had been tracked with Pegasus without a judge's warrant."

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There was also no indication that the police had tracked the phones of any public figures whose names had been reported in connect with the allegations, the team found.

The probe was launched after the business daily Calcalist published an explosive report that police had used Pegasus, a controversial technology developed by Israel's NSO Group, to spy on public figures. The Justice Ministry rejected those claims in February, saying there was no evidence police had illegally hacked the mobile phones of those mentioned in the report.

The investigative team, led by Deputy Attorney General Amit Marari, released additional findings on Monday. It said there was "no indication" that police had used sophisticated technology to penetrate personal phones without a judicial order. But it said that when the technology was used, police received excess information not covered by the warrants.

It said that while there was no sign that the excess information was used, its acquisition was a "violation of authority." The statement did not identify the technology.

The Calcalist report had prompted a public uproar, with then-prime minister Naftali Bennett calling the allegations "very serious." The Justice Ministry launched its investigation shortly after the report came out in January.

The police welcomed Monday's findings, saying they proved that "no deliberate activity was carried out in violation of the law."

"Serious allegations against the conduct of the police turned out to be wrong, but unfortunately they caused great damage to the public's trust in the police," a police statement said.

Israel Police Commissioner Kobi Shabtai responded, "The establishment of a team to probe the accusations leveled at the police was essential, and I called for it. There was a national need to tighten trust and the sense of security between Israeli society and the police, which some people were trying to crack. The restoration of cyber tools to regular use by the Israel Police proves more than anything else the legality of the police's work."

Marari wrote that "The report cites a number of issues that must be improved and regulated when it comes to computer tapping in order to ensure that the use of technologically sophisticated means will comply with the law on wire taps."

Pegasus is a powerful tool that allows its operator to infiltrate a target's phone and sweep up its contents, including messages, photos, contacts and location history -- without the target being aware or taking any action.

NSO has been linked to snooping on human rights activists, journalists and politicians in several countries. In November, the US blacklisted the company, saying its tools had been used to "conduct transnational repression."

NSO says it sells the product only to government entities to fight crime and terrorism, with all sales regulated by the Israeli government. The company does not identify its clients and says it has no knowledge of who is targeted. Although it says it has safeguards in place to prevent abuse, it says it ultimately does not control how its clients use the software.

The Association for Civil Rights in Israel said the latest findings show "major failures" that raise concerns about privacy and the rights of suspects. It called on authorities to bar police from employing such technology until detailed legislation is implemented to govern its use.

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