Cyber “Raw”: The Shortcomings of the European Union’s Regulatory Framework for Cyberspace amid the Pegasus Scandal

This paper seeks to investigate the role played by the European Union in regulating cyberspace, looking to protect its fundamental principles in the virtual world. To do this, it compares the European Union regulatory framework for cyberspace with the Pegasus case, in regard to the indiscriminate use of the spyware produced by the NSO Group. It starts discussing the regulatory advances made by the organization, aiming to guarantee its security and promote values such as democracy and human rights in cyberspace. This exhibition is carried out jointly with an analysis of the context in which these measures were taken. Then, the study proceeds with a specific examination of the Pegasus scandal, explaining its circumstances and comparing it with the regulatory framework previously exposed, particularly the cyber sanctions regime of the European Union. The article ends by noting that the Pegasus case should be seen as an opportunity to improve the European Union’s framework for cyberspace.