US court finds NSO Group liable for hacking WhatsApp using Pegasus spyware
A US judge has ruled that NSO Group is liable for hacking WhatsApp and breaching its contract by installing Pegasus spyware on 1,400 devices, violating federal laws and WhatsApp's Terms of Service.
FollowThe NSO Group, an Israeli surveillance company, has been held liable for hacking WhatsApp and breaching its contract. This decision, made by a US judge, has significant implications for the spyware industry.
In 2019, WhatsApp filed a lawsuit against NSO Group, alleging that the company had exploited a vulnerability in WhatsApp's system to install its Pegasus spyware on approximately 1,400 devices. These devices belonged to journalists, human rights activists, and other individuals.
NSO Group defended itself by claiming that its software was used by law enforcement and intelligence agencies to combat crime and terrorism. However, the court rejected this argument, finding that NSO Group had violated the Computer Fraud and Abuse Act and the Comprehensive Computer Data Access and Fraud Act.
The court's decision was based on the fact that NSO Group had sent malicious messages through WhatsApp's servers to compromise user devices. This action was deemed a breach of WhatsApp's Terms of Service and a violation of federal law.
The ruling has been hailed as a landmark decision, with significant implications for the spyware industry. According to John Scott-Railton, a senior researcher with Citizen Lab, the decision makes it clear that NSO Group is responsible for breaking numerous laws.
Will Cathcart, the head of WhatsApp, stated that "surveillance companies should be on notice that illegal spying will not be tolerated." The case will now proceed to trial to determine the damages that NSO Group must pay.
The NSO Group had attempted to appeal the ruling, citing "conduct-based immunity," a legal doctrine that shields foreign officials acting in their official capacity. However, this appeal was rejected by the 9th US Circuit Court of Appeals, and the US Supreme Court declined to hear the case.
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