Pegasus maker ruled liable for attacks on 1,400 WhatsApp users
In a landmark decision, a federal judge in Northern California has held the NSO Group liable for hacking into 1,400 devices running WhatsApp, with its Pegasus spyware. This is the first time the Israeli spyware manufacturer has been held accountable for such violations. The verdict could lead to hefty fines against NSO Group, which is globally famous for its powerful surveillance tools used by many government clients.
WhatsApp's lawsuit against NSO Group
WhatsApp, a Meta Platforms subsidiary, had filed a lawsuit against NSO Group back in 2019. The messaging app giant had accused the Israeli firm of using a vulnerability in its software to install Pegasus spyware on users' devices. The victims included journalists, human rights activists, and political dissidents. The court found NSO Group guilty of violating the federal Computer Fraud and Abuse Act and California's Comprehensive Computer Data Access and Fraud Act.
Trial to determine damages against NSO Group
Judge Phyllis Hamilton granted WhatsApp's motion for summary judgment, thus holding NSO Group liable for hacking as well as breach of contract. The case will now proceed to trial to determine the damages, begining in March. So far, a trial date has not been scheduled. WhatsApp head Will Cathcart hailed the ruling as a victory for privacy rights, adding on social media, "Surveillance companies should be on notice that illegal spying will not be tolerated."
NSO Group's defense rejected by US courts
NSO Group has always maintained that its software is used by government agencies to take on terrorism and crime. However, this defense has been repeatedly rejected by US courts. In 2020, a trial judge rejected NSO's plea for "conduct-based immunity," a ruling that was upheld by the 9th US Circuit Court of Appeals in 2021 and the US Supreme Court in 2023, paving the way for latest ruling.
Landmark ruling against digital surveillance companies
John Scott-Railton of Citizen Lab called the ruling a "huge" moment for the spyware industry, adding, "Today's ruling makes it clear that NSO Group is responsible for breaking numerous laws." The judgment comes as concerns over digital privacy and government surveillance grow. Critics contend that hacking tools often fall into the hands of oppressive regimes targeting journalists and political opponents.
