NSO Group
A U.S. judge ruled on Friday in favor of Meta Platforms’ WhatsApp in a significant lawsuit against Israel’s NSO Group, accused of exploiting a bug in the messaging app to deploy spyware enabling unauthorized surveillance.
U.S. District Judge Phyllis Hamilton, based in Oakland, California, found NSO liable for hacking and breach of contract. The ruling followed a motion filed by WhatsApp, narrowing the case to address only the issue of damages in the upcoming trial. NSO Group has not yet responded to requests for comment.
Will Cathcart, head of WhatsApp, hailed the decision as a major victory for privacy rights. “We spent five years presenting our case because we firmly believe that spyware companies cannot hide behind immunity or avoid accountability for their unlawful actions,” Cathcart stated in a social media post.
He emphasized the importance of holding surveillance firms responsible for illegal activities, warning that such actions will not be tolerated.
A WhatsApp spokesperson echoed these sentiments, expressing gratitude for the court’s decision. “We’re proud to have stood up against NSO and thankful to the many organizations that supported this case. WhatsApp remains committed to protecting people’s private communications,” the spokesperson added.
Cybersecurity experts also praised the judgment, describing it as a landmark case with far-reaching implications for the spyware industry.
John Scott-Railton, a senior researcher with Citizen Lab — a Canadian internet watchdog that exposed NSO’s Pegasus spyware in 2016 — stated that the ruling clarified accountability within the industry. “Spyware companies have long claimed that they are not responsible for what their clients do with their hacking tools. Today’s decision firmly establishes that NSO Group violated multiple laws,” Scott-Railton explained.
WhatsApp initiated the lawsuit in 2019, seeking an injunction and damages after discovering that NSO had exploited its servers six months earlier to install Pegasus spyware on victims’ mobile devices.
The intrusion allegedly targeted 1,400 individuals, including journalists, human rights activists, and dissidents.
NSO argued that its technology supports law enforcement and intelligence agencies in combating crime, terrorism, and other threats. However, courts have consistently rejected its claims to immunity.
In 2021, the 9th U.S. Circuit Court of Appeals upheld a lower court’s denial of “conduct-based immunity,” noting that merely licensing Pegasus and providing technical support did not shield NSO from liability under the Foreign Sovereign Immunities Act.
The U.S. Supreme Court later declined to hear NSO’s appeal, allowing the case to move forward. This ruling underscores a growing global effort to hold spyware companies accountable for their actions.
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