Poland Spyware Scandal: Concerns Over 2019 Election Integrity

Spyware Allegations Cast Doubt on Polish Election Integrity

A significant controversy is unfolding concerning the alleged deployment of contentious mobile spyware by Poland's governing party against a prominent opposition figure, prompting scrutiny of the legitimacy of the nation’s 2019 parliamentary elections.

Pegasus Spyware Used Against Government Critics

Investigations by internet monitoring organization Citizen Lab have revealed that the Pegasus spyware, developed by the NSO Group, was utilized to surveil three individuals critical of the Polish administration.

Among those targeted was Krzysztof Brejza, a Polish Senator, whose mobile phone experienced numerous hacking attempts in the period leading up to the 2019 parliamentary elections.

Election Interference Concerns

Text messages extracted from Brejza’s phone were reportedly manipulated and broadcast on state television, seemingly as part of a deliberate smear campaign prior to the election.

Following this, Brejza’s Civic Platform, a center-left political alliance, narrowly lost the 2019 parliamentary election. Brejza asserted to the Associated Press that the election’s fairness was compromised, given the ruling party’s potential access to his campaign strategies.

Government Denials and Shifting Statements

Previously, the Polish government had denied employing Pegasus, a mobile spyware capable of granting extensive access to a target’s device, including personal data, photographs, messages, and precise location.

Jaroslaw Kaczynski, leader of the Law and Justice party and Deputy Prime Minister, dismissed accusations of government use of the spyware. However, he conceded to Polish media that it “would be undesirable” if Polish security services lacked mobile spying capabilities, particularly when other nations possess them.

Funding Source of the Spyware

Reports in Polish media indicate that the government procured Pegasus in 2017, utilizing funds from the Justice Fund – a resource intended to support crime victims and facilitate offender rehabilitation.

Independent Verification of Hacking

Amnesty International independently confirmed Brejza’s phone was indeed compromised late last week.

Claims of Foreign Interference

Polish Prime Minister Mateusz Morawiecki labeled the findings of the Associated Press and Citizen Lab as “false news,” suggesting a foreign intelligence agency might be responsible. However, critics have refuted this claim, questioning the rationale for any other government’s interest in the three Polish targets.

Additional Targets Identified

Citizen Lab has also identified Roman Giertych, a lawyer representing opposition figures in sensitive legal cases, and prosecutor Ewa Wrzosek as additional targets.

Apple initiated notifications to potential phone spying victims in December after filing a lawsuit against NSO Group to prevent the use of Apple technologies in its spyware, thereby hindering future hacking attempts.

Global Use of Pegasus

Pegasus is known to be deployed by authoritarian regimes, including Bahrain, Saudi Arabia, Rwanda, and the United Arab Emirates, to monitor journalists, politicians, and human rights advocates.

Recent reports have also revealed that several European Union member states, such as Germany and Hungary, are customers of Pegasus, alongside Poland.

Calls for Investigation

Donald Tusk, the leader of Civic Platform since October 2021, has demanded a parliamentary inquiry into the government’s use of Pegasus.

Guy Verhofstadt, a member of the European Parliament, stated that the allegations necessitate a thorough investigation to ascertain the extent of the Polish government’s utilization of the spyware.

“The situation is deeply concerning,” he said. “It poses a threat to the rule of law, free and fair elections, and the integrity of the European Union.”

NSO Group’s Response

An unnamed spokesperson for NSO Group declined to confirm or deny its clientele but emphasized that the misuse of cyber tools for monitoring dissidents is unacceptable and requires global regulation.

The spokesperson added that NSO Group has terminated contracts in the past due to misuse of its technology.

Calls for Sanctions

Amnesty International is advocating for the European Union to impose targeted sanctions against NSO Group, mirroring actions taken by the U.S. government.

“This underscores the threat posed by unchecked Pegasus use to civil society worldwide,” stated Likhita Banerji, a researcher at Amnesty International. “A global moratorium on the sale and use of spyware is urgently needed until adequate human rights safeguards are established.”