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US Court Rules WhatsApp Victorious in Lawsuit Against NSO Group Over Pegasus Spyware Hack

WhatsApp has secured a significant legal victory against the NSO Group, the Israeli company responsible for developing the notorious Pegasus spyware. On Friday, a US District Court judge ruled in favor of WhatsApp, finding that NSO Group was responsible for hacking the devices of 1,400 individuals by using WhatsApp’s servers to infect them with the spyware. This ruling also determined that NSO Group violated both federal US hacking laws and California state laws, along with breaching WhatsApp’s terms of service in the process.

The decision was handed down by US District Court Judge Phyllis Hamilton, who granted WhatsApp’s motion for summary judgment. In her ruling, Judge Hamilton stated that NSO Group had infringed upon the federal Computer Fraud and Abuse Act (CFAA), as well as California’s Comprehensive Computer Data Access and Fraud Act (CDAFA). The ruling marks a significant step in the ongoing legal battle between WhatsApp, owned by Meta, and NSO Group, which has faced scrutiny over its involvement in surveillance activities.

In addition to the favorable judgment for WhatsApp, a separate trial will be held in March 2025 to determine the damages that NSO Group owes WhatsApp as a result of its actions. Judge Hamilton also instructed both parties to inform the court by January 17, 2025, if there are any motions related to expert testimony that need to be resolved before the trial on damages begins. This marks a crucial phase in the case, with WhatsApp seeking compensation for the harm caused by the spyware attack.

The ruling is being seen as a crucial step in holding the NSO Group accountable for its role in enabling the widespread use of surveillance technology, and it could set a significant precedent for future cases involving spyware and data breaches. WhatsApp’s victory is part of a broader push to protect privacy and data security in the digital age, sending a strong message to companies that engage in unauthorized surveillance and hacking activities.

US Judge Finds Israel’s NSO Group Liable for Hacking in WhatsApp Lawsuit

A U.S. judge has ruled in favor of Meta Platforms’ WhatsApp in a lawsuit against Israel’s NSO Group, finding the company liable for exploiting a vulnerability in WhatsApp’s messaging app to install spyware, enabling unauthorized surveillance. U.S. District Judge Phyllis Hamilton of Oakland, California, granted WhatsApp’s motion and found NSO liable for hacking and breach of contract. The case will now proceed to trial, but only to determine the amount of damages.

WhatsApp’s head, Will Cathcart, hailed the ruling as a victory for privacy, stating that spyware companies could no longer hide behind immunity or avoid accountability for unlawful actions. A spokesperson for WhatsApp expressed their gratitude for the decision, reaffirming the company’s commitment to protecting users’ private communications.

Cybersecurity experts, including John Scott-Railton from Citizen Lab, welcomed the ruling as a landmark decision with significant consequences for the spyware industry. He noted that the ruling clarifies that NSO Group is responsible for violating numerous laws, as the company could no longer evade accountability for its actions.

WhatsApp sued NSO in 2019, accusing it of using a vulnerability to access WhatsApp’s servers and install Pegasus spyware on users’ devices. The lawsuit claimed the intrusion enabled the surveillance of 1,400 individuals, including journalists, human rights activists, and dissidents. NSO had defended itself by arguing that its technology was intended to help law enforcement and intelligence agencies combat crime and terrorism.

Despite this defense, NSO failed in its attempt to secure “conduct-based immunity,” which protects foreign officials acting in their official capacity. The 9th U.S. Circuit Court of Appeals upheld the decision in 2021, and the U.S. Supreme Court declined to hear NSO’s appeal, allowing the lawsuit to move forward.

U.S. Judge Finds NSO Group Liable for Hacking in WhatsApp Lawsuit

In a significant legal victory for Meta Platforms’ WhatsApp, a U.S. judge has ruled that Israel’s NSO Group is liable for exploiting a vulnerability in the messaging app to install Pegasus spyware, enabling unauthorized surveillance. U.S. District Judge Phyllis Hamilton, presiding in Oakland, California, granted a motion in favor of WhatsApp, finding NSO liable for hacking and breach of contract.

The case will now proceed to trial to determine damages. NSO Group did not immediately comment on the ruling.

Will Cathcart, WhatsApp’s head, celebrated the decision as a win for privacy. “This ruling is a clear message that spyware companies cannot hide behind claims of immunity or evade accountability for their unlawful actions,” he said in a social media post. He further emphasized WhatsApp’s commitment to protecting users’ private communications.

Cybersecurity experts also hailed the ruling as a landmark decision with far-reaching implications. John Scott-Railton, a senior researcher at Citizen Lab, said the judgment has “huge implications for the spyware industry.” He added, “This ruling establishes that NSO Group is responsible for breaking laws, despite the industry’s long-standing claims of non-responsibility for how their tools are used.”

The lawsuit, originally filed in 2019, accused NSO Group of using WhatsApp servers to install Pegasus spyware on the mobile devices of 1,400 victims, including journalists, human rights activists, and dissidents. The breach, which occurred six months prior to the filing, allowed NSO clients to conduct surveillance without the victims’ consent.

NSO defended its actions by claiming Pegasus was designed to assist law enforcement and intelligence agencies in combating terrorism, child exploitation, and serious crime. However, the U.S. courts rejected the group’s argument for “conduct-based immunity,” a doctrine shielding foreign officials acting in their official capacity.

In 2021, the 9th U.S. Circuit Court of Appeals upheld an earlier decision that denied NSO immunity, stating that the company’s licensing of Pegasus and providing technical support did not exempt it from liability under the Foreign Sovereign Immunities Act. The U.S. Supreme Court declined to hear NSO’s appeal in 2022, allowing the lawsuit to move forward.

Cybersecurity organizations like Citizen Lab, which first exposed Pegasus spyware in 2016, have called the decision a significant step toward regulating spyware misuse. The ruling sets a precedent that could hold other surveillance companies accountable for illegal hacking and breaches of privacy.