WhatsApp Secures Legal Victory Against Israeli Pegasus Spyware

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A U.S. court ruled that NSO Group violated hacking laws & WhatsApp’s terms by using its Pegasus spyware to infect 1,400 devices, including journalists &human rights activists.

The Biden administration blacklisted NSO in 2021 for its spyware’s use by authoritarian regimes.

WhatsApp announced a significant legal triumph late on Friday against NSO Group Technologies, the Israeli firm behind the controversial Pegasus spyware. Meta’s messaging app accused NSO in a 2019 lawsuit of infecting and surveilling the phones of 1,400 individuals, including journalists and human rights activists, over a two-week period in May of that year.

In a decisive ruling, Judge Phyllis Hamilton found NSO Group in violation of both U.S. state and federal hacking laws, as well as WhatsApp’s terms of service. A separate jury trial scheduled for March 2025 will determine the damages owed to WhatsApp, which remains the world’s most widely used messaging platform.

In a statement, WhatsApp expressed its satisfaction with the outcome:

“After five years of litigation, we’re grateful for today’s decision. NSO can no longer avoid accountability for their unlawful attacks on WhatsApp, journalists, human rights activists, and civil society. With this ruling, spyware companies should be on notice that their illegal actions will not be tolerated.”

NSO Group did not immediately respond to requests for comment.

Judge Hamilton’s summary judgment emphasised that NSO had violated the U.S. Computer Fraud and Abuse Act. She further criticised the company for obstructing the litigation process. Although Hamilton had ordered NSO to provide WhatsApp with the source code for Pegasus spyware by early 2024, the company failed to comply. Instead, NSO offered access to the code solely in Israel and restricted it to an Israeli citizen, an arrangement the judge deemed “simply impracticable.” This noncompliance contributed to her decision to grant sanctions against the company.

NSO Group has consistently argued that its government clients control the use of Pegasus and bear responsibility for its deployment. However, filings in the case demonstrated that NSO itself played an active role in installing the spyware and extracting data. Pegasus has been used to infiltrate not only WhatsApp but also iPhones, enabling access to photos, emails, and text messages.

The victims identified by Meta include senior government officials, journalists, human rights advocates, political dissidents, and diplomats. In 2021, the Biden administration blacklisted NSO Group, barring U.S. government agencies from purchasing its products. Pegasus has been linked to cyberattacks by authoritarian regimes worldwide.

While Apple initiated a similar lawsuit against NSO, it dropped the case in September 2023. This ruling against NSO Group marks a pivotal moment in holding spyware companies accountable for their global abuses.

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