In 2022 and 2023, the European Parliament’s PEGA Committee investigated spyware abuses across the European Union following journalistic revelations about government deployment of NSO Group’s Pegasus technology.

Now, years later, it turns out that someone was using Pegasus spyware on one of the committee’s own. 

In a report published Friday, the University of Toronto’s Citizen Lab revealed that it found Pegasus on the phone of substitute PEGA Committee member Stelios Kouloglou, a Greek journalist and former member of the European Parliament. It’s the first time a member of the committee has been publicly identified as a Pegasus victim.

For Kouloglou, the Pegasus infection was surprising. For another PEGA Committee member, it was fully expected, if delayed. For Citizen Lab, it was ironic.

For all of them, it was further evidence that much more needs to be done to prevent spyware abuses — such as enacting the very recommendations of the PEGA Committee’s final report that never saw action in the European Parliament.

Kouloglou told CyberScoop that he had run security tests on his phone prior to joining the PEGA committee in 2022, so he didn’t think anyone would be bold enough to try to infect his phone once he became a member. With Greece’s use of Predator spyware under scrutiny, “it would be a big scandal” if he was hacked while on the panel, he said.

But someone — Citizen Lab’s investigation didn’t uncover whom — infected Kouloglou’s phone with Pegasus twice, once around October of 2022 and once around March of 2023, investigators concluded with “high confidence.”

During the first infection, the committee was preparing for some prominent hearings and the first draft of its report. Kouloglou was in the hospital and got a visit from another Greek journalist who had testified before the committee and had himself had his phone infected with spyware earlier. Given the ability of spyware to listen to audio through an infected phone, it’s possible the infection ran afoul of protections for health data.

During the second infection, the panel was preparing for yet more hearings and “was engaged in intense discussions related to the final drafting process,” according to Citizen Lab.

The Citizen Lab investigation of Kouloglou’s came about this May, after he said a lawyer he knew told him there was a way to send his phone’s data to the research organization, during a time when Kouloglou was doing some investigative reporting and writing a “scandal of the week” column. “I said, ‘Why not? Let’s do it,” he said.

Whoever was responsible for infecting Kouloglou’s phone did so during “crucial moments” of the committee’s work, said Hannah Neumann, a member of the PEGA Committee and European Parliament member from Germany.

“Many of us were expecting some hacks during the committee, but it’s still frustrating now to figure out that it really happened,” she told CyberScoop. “When we decided to set up the Pega Committee, we really worked hard with our internal European Parliament IT security…  so that they can provide spyware checks for the members of the Pega Committee and their staff.”

Kouloglou and Neumann could only speculate on who was responsible. But for the two of them, and Citizen Lab, the motive seems clear.

“It is ironic that a member of the committee charged with investigating Pegasus was himself targeted with Pegasus spyware,” Ron Deibert, founder and director of Citizen Lab. “Someone, somewhere likely wanted to breach parliamentary privilege and find out what was going on in that committee. This case shows how the still unregulated and highly abused mercenary spyware industry is poisonous to democratic processes.” 

Kouloglou said he plans to pursue legal action against NSO Group. Many spyware victims have had difficulty winning lawsuits against spyware makers, although not all.

Israel-based NSO Group did not respond to a request for comment Thursday afternoon.

Neuman said the lessons learned as a result of Kouloglou’s phone infection include, “for members of national parliament and the European Parliament: Regularly get your devices checked. Apparently they don’t respect European democracy and parliamentarism.”

Most importantly, it’s time to enact the PEGA committee’s recommendations, she said.

“I don’t know how much more it needs for member states and the commission to wake up and actually start implementing the very good recommendations of our PEGA committee, because we all know that there is a spyware abuse,” Neuman said. “I don’t need to have another committee for that. I just need them to act.”

Kouloglou almost certainly won’t be the last member of parliament to get infected, said John Scott-Railton, senior researcher at Citizen Lab. Some had been infected prior to the work of the PEGA Committee, and some have been found to be targeted since. (The United States’ legislative body has been targeted in the past as well.)

“Providing highly secretive government agencies with surveillance tools supplied by unaccountable and often unethical mercenary firms is a recipe for the abuse of power,” he told CyberScoop. “I can tell you how the next chapter will go: more hacked Parliamentarians. In fact, I suspect there are members voting and attending high level meetings with no idea that their phone has been turned into a spy in their pocket.”

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A House Democrat who’s been at the forefront of congressional efforts to scrutinize the federal government’s use of commercial spyware wants the Commerce Department to brief Capitol Hill amid apprehension that the Trump administration might further embrace the technology.

Rep. Summer Lee, D-Pa., sent a letter to the department Thursday seeking a briefing on several developments stemming from Immigration and Customs Enforcement acknowledging its use of Paragon’s Graphite spyware, as well as an American company purchasing a controlling stake in Israel’s NSO Group. The Commerce Department sanctioned NSO Group under former President Joe Biden after widespread abuse allegations, including eavesdropping on government officials, activists and journalists.

“The Trump Administration appears to be broadly receptive to using commercial spyware to infiltrate cell phones and allowing U.S. investment in sanctioned spyware companies like NSO Group,” Lee wrote in her letter to Commerce Secretary Howard Lutnick, which CyberScoop is first reporting.

NSO Group’s new executive chairman, David Friedman, is a former Trump ambassador to Israel and was his bankruptcy attorney. He has said in November that he expects the administration will be “receptive” to using NSO Group tech.

“Given those close ties between NSO Group and the Trump Administration, and the serious concerns about how NSO’s technology could be used to spy on Americans, we write to request information regarding the purchase of NSO Group by an American company and the potential usage of NSO Group spyware by federal law enforcement,” wrote Lee, who sits on the Oversight and Government Reform panel and is the top Democrat on its Federal Law Enforcement Subcommittee.

Lee was one of the authors of a recent Democratic letter seeking confirmation of ICE’s use of Paragon’s Graphite, which ICE acknowledged. But they criticized the administration for not answering all their questions, in addition to being outraged.

In her latest letter, Lee asked the Commerce Department to brief Oversight and Government Reform Committee staff about internal department deliberations, Commerce communication with the White House and any outside conversations — including with Friedman — about government use of NSO Group technology or any other commercial spyware, and American investment in NSO.

NSO Group “appears to view the Trump administration as friendly to its interests in the United States, pitching itself as a vital tool for the U.S. government to safeguard national security,” Lee wrote, citing company court filings that it “is reasonably foreseeable that a law enforcement or intelligence agency of the United States will use Pegasus.”

The Biden administration sanctions, and court losses in a case against Meta, represented setbacks for NSO Group’s ambitions. And prior to the U.S. investment firm controlling stake purchase last fall, the Commerce Department under Trump rebuffed efforts to remove NSO Group from its sanctions list.

But the tens of millions of dollars worth of investment, following news that Israel had used Pegasus to track people kidnapped or murdered by Hamas, was a boon.

NSO Group maintains that its products are designed only to help law enforcement and intelligence fight terrorism and crime, and that it vets its customers in advance as well as investigates misuse. News accounts and other investigations have turned up a multitude of abuses.

There have been scattered reports of U.S. flirtation with using NSO Group technology. The FBI acknowledged it had bought a Pegasus license, but stopped short of deploying it. The Times of London reported that “it is believed” the Central Intelligence Agency used Pegasus spyware as part of a rescue mission last month for a U.S. airman downed in Iran.

You can read the full letter below.

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