On September 10, 2024, The Thai Civil Court in Bangkok scheduled for the defense witnesses examination in a lawsuit filed by Pai-Jatupat Boonpattararaksa. Jatupat sued the Israeli company NSO Group, which developed the Pegasus spyware, accusing NSO Group of invading his privacy by using the spyware to steal data from his phone. He is asking for 2.5 million baht in damages and asking for a court order to halt NSO’s use of Pegasus spyware in Thailand.
Samuel Jacob Sunray is the second and the final defense witness. He is the Defendant’s General counsel and a former lawyer. Regarding the Pegasus spyware, he testified that it was developed in 2010 and described as a surveillance tool. Pegasus sold exclusively to government entities for counter-terrorism and criminal investigations. It is under strict Israeli export regulations and requires approval from the Israeli Ministry of Defense before being sold.
He stated that ‘Pegasus Software’ allows the customer to use ‘the software’ to target the end-user’s data-encrypted device. Sunray also maintained that NSO Group cannot access the customer’s operating system nor have any data on the government’s usage. According to his testimony, he claims that NSO follows a process to ensure customers use the software ethically, adhering to international human rights standards. By way of explanation, he went on to state that there is the Kill-switch function to disable software if misuse is detected or does not cooperate with NSO’s investigation on the misuse of Pegasus spyware, citing eight cases of terminated contracts due to violations.
During the cross-examination, The plaintiff’s lawyer questioned NSO’s accountability asking whether the defendant’s company is free from responsibility if there is any inappropriate use of the product sold by NSO Group. Sunray replies that NSO Group is not responsible for inappropriate uses, but the company has human rights obligations. Therefore, NSO Group will be responsible for specific cases that occur. If the inappropriate usage occurs outside of control, the company will not be legally responsible.
Moreover, Sunray denied the allegation of an attack on 35 Thai human rights defenders. He stated that although the assumption is that it was Pegasus, he disagrees. The defense’s expert witness has testified that it was not Pegasus.
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