We know for sure that Angela Merkel’s phone during her tenure as Chancellor of Germany was tapped, at least by the United States. As far as I remember, it never occurred to anyone to ask for a head in the government or in the country’s special services. And the Pegasus program didn’t exist yet, and we didn’t hear about Cambridge Analytica and other similar tools.
From what I have read, I do not believe that there is any European government that can give guarantees to their people that their country will not be able to use tools like those included in the Pegasus program. As long as the Israeli company that produces it can sell it and there is no control over the form and terms under which it can be purchased and used, the program will continue to be produced and purchased. And it will continue to be used with the results we already know. No one, regardless of their place in the architecture of the state, can prevent this. Thus, requiring heads to roll does nothing. Does a severed head guarantee that the same or a similar program cannot be used again?
The European Commission has just said that espionage made possible by a program like Pegasus is unacceptable, but it has decided, wisely, I think, that it is not its responsibility to investigate. Firstly, the European Union must think about how to respond at the European level to the problem that the existence of a program like Pegasus creates, and secondly, the European Commission can give such an answer right now.
The search for this answer must obviously be seen within the framework of the European Union, which is the club of states with the highest level of democratic demands in the world known today. There is no organization with democratic legitimacy that should deal with this kind of problem. But this process takes time, and it must move forward in the same way that these issues are moving forward in the Union.
Pegasus or any such program is incompatible with democracy as a political form. It is impossible to guarantee the exercise of the constitutional rights of the individual in relation to the use of this program. And without the constitutive rights of the individual, it is absurd to talk about democracy. Based on this premise, it is necessary to develop a legal response and require each Member State to make it their own.
Obviously, nothing prevents any member state from waiting for a response from the European Union. Any Member State can now criminalize the possession and use of the Pegasus software. Instead of starting with a requirement to cut off heads, as is done in Spain, why not ask the government to introduce a bill that would criminalize the possession and use of the Pegasus program? Or why not promote an agreement between the various parliamentary groups so that a law with the specified content is adopted as a matter of urgency?
What is the political court in our country, I am afraid that those who demand to cut off heads may see that their own are under threat.
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