US Court Rules in Favor of WhatsApp Against NSO Group in Landmark Spyware Case

Judge Finds NSO Group Liable for Hacking and Breach of Contract; Case Moves to Trial for Damages

Washington DC [US], December 22: A US District Court Judge ruled in favor of Meta Platforms’ WhatsApp on Friday, holding Israel’s NSO Group liable for hacking and breach of contract in a lawsuit accusing the company of exploiting a vulnerability in WhatsApp to install Pegasus spyware for unauthorized surveillance, Reuters reported.

A Victory for Privacy

Judge Phyllis Hamilton, presiding in Oakland, California, granted WhatsApp’s motion and ruled that NSO Group was responsible for hacking and breaching contractual agreements. The trial will now move forward to determine damages owed by NSO Group.

Will Cathcart, Head of WhatsApp, described the ruling as a “victory for privacy.”

“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 on social media.

A WhatsApp spokesperson also expressed gratitude for the ruling, saying:

“We’re proud to have stood up against NSO and thankful to the many organizations that supported this case. WhatsApp will continue to protect people’s private communications.”

Implications for the Spyware Industry

Cybersecurity experts have hailed the decision as a landmark ruling with far-reaching implications.

John Scott-Railton, a senior researcher at Citizen Lab, which first exposed Pegasus spyware in 2016, emphasized the significance of the court’s judgment:

“The entire industry has hidden behind the claim that whatever their customers do with their hacking tools is not their responsibility. Today’s ruling clarifies that NSO Group is indeed responsible for breaking multiple laws.”

Background of the Case

WhatsApp sued NSO Group in 2019, seeking injunctions and damages, alleging that the spyware company accessed WhatsApp servers to install Pegasus spyware on users’ devices. This breach reportedly allowed the surveillance of 1,400 individuals, including journalists, dissidents, and human rights advocates.

NSO Group argued that Pegasus spyware was used by law enforcement and intelligence agencies to combat terrorism, organized crime, and child exploitation.

However, the courts repeatedly denied NSO’s appeals:

• In 2020, NSO was denied “conduct-based immunity.”
• In 2021, the 9th US Circuit Court of Appeals upheld this decision, ruling that NSO’s licensing and technical support for Pegasus did not grant immunity under the US Foreign Sovereign Immunities Act (FSIA).
• The US Supreme Court declined to hear NSO’s appeal, allowing the lawsuit to proceed.

A Precedent for Accountability

The ruling marks a critical moment in the global fight against unauthorized surveillance and sets a legal precedent for holding spyware companies accountable for misuse of their technologies.

As the case moves to the damages phase, it signals a clear warning to surveillance firms worldwide that illegal activities will not go unpunished.