US Court Finds Pegasus Maker NSO Group Liable for Spying on 1,400 WhatsApp Users

In a landmark ruling, a US court has found the Israeli spyware company, NSO Group, liable for attacks on over 1,400 WhatsApp users with its notorious Pegasus software. The case, which has been ongoing for several years, marks a significant victory for privacy advocates and sets a precedent for holding surveillance companies accountable for their actions.

The lawsuit, filed by WhatsApp in 2019, accused NSO of unlawfully accessing WhatsApp’s servers to install Pegasus on victims’ mobile devices. The spyware, which has been linked to the surveillance of journalists, human rights activists, government officials, and dissidents, allowed attackers to monitor private communications. Among the victims were prominent individuals such as diplomats and journalists, as well as key figures involved in human rights work. WhatsApp’s head, Will Cathcart, emphasized that the ruling sends a clear message to spyware companies, stating, “Surveillance companies should be on notice that illegal spying will not be tolerated.”

In his statement, Cathcart hailed the decision as a “huge win for privacy,” noting the years of legal battles required to hold the company accountable. He reaffirmed WhatsApp’s commitment to protecting users’ private communication, declaring that the platform will continue to fight illegal spying.

NSO Group, however, has denied any wrongdoing, claiming that Pegasus is designed to assist law enforcement and intelligence agencies in their fight against crime and terrorism. The company argued that its software helps combat serious threats like terrorism and child exploitation. Despite these claims, the court found that NSO’s activities violated US laws, ruling that the Foreign Sovereign Immunities Act did not grant the company immunity for its actions.

In 2020, a lower court had refused to grant NSO “conduct-based immunity,” and this ruling was upheld by the 9th US Circuit Court of Appeals in 2021. The court rejected NSO’s argument that its actions were protected because the spyware was used by foreign officials in their official capacity. The US Supreme Court also denied NSO’s appeal, allowing the lawsuit to move forward.

The decision is part of a growing global effort to curb the use of spyware for surveillance purposes. The US government had previously blacklisted NSO Group in 2021, banning American agencies from purchasing its products. This legal victory for WhatsApp adds to the increasing pressure on the company to face accountability for its role in surveillance operations.

Earlier this year, a judge ordered NSO to provide WhatsApp with the source code for Pegasus, but the company failed to comply with the court’s directive. This continued defiance highlights the ongoing legal and ethical challenges surrounding the use of surveillance technology.

In addition to WhatsApp’s case, tech giant Apple had filed a similar lawsuit against NSO but dropped it in September. With this latest ruling, the ongoing battle between tech companies and surveillance firms raises important questions about privacy, security, and the limits of state-sanctioned surveillance.

The case underscores the broader issue of surveillance technology being used for unlawful purposes, particularly against individuals in sensitive professions. As governments, tech companies, and activists continue to fight for privacy rights, this ruling is likely to be seen as a significant step in protecting individuals’ freedom from invasive spying.

Sources By Agencies