U.S. Judge Rules in Favor of WhatsApp Against NSO Group

A U.S. judge ruled on Friday in favor of Meta Platforms' WhatsApp in a lawsuit against Israel's NSO Group, which was accused of exploiting a bug in the messaging app to install spy software for unauthorized surveillance.

U.S. District Judge Phyllis Hamilton in Oakland, California, granted WhatsApp's motion and found NSO liable for hacking and breach of contract. The case will now proceed to trial to determine damages, according to Hamilton. NSO Group has not yet responded to a request for comment.

Will Cathcart, head of WhatsApp, hailed the ruling as a win for privacy. He stated, "We spent five years presenting our case because we firmly believe that spyware companies could not hide behind immunity or avoid accountability for their unlawful actions. Surveillance companies should be on notice that illegal spying will not be tolerated."

Cybersecurity experts have praised the judgment. John Scott-Railton, a senior researcher at Citizen Lab, remarked that the ruling has significant implications for the spyware industry, emphasizing that the judgment clarifies that NSO Group is responsible for violating laws.

WhatsApp filed the lawsuit in 2019, seeking an injunction and damages after NSO allegedly accessed WhatsApp servers to install Pegasus spyware on victims' devices. The lawsuit claimed that the intrusion affected 1,400 people, including journalists, human rights activists, and dissidents.

NSO has argued that its Pegasus software assists law enforcement and intelligence agencies in combating crime and ensuring national security. The company claimed its technology aims to catch terrorists and criminals.

NSO appealed a trial judge's 2020 denial for "conduct-based immunity," which protects foreign officials acting in their official capacity. In 2021, the 9th U.S. Circuit Court of Appeals upheld that ruling, stating NSO's actions did not shield it from liability under the Foreign Sovereign Immunities Act. Last year, the U.S. Supreme Court declined to hear NSO's appeal, allowing the lawsuit to proceed.