U.S. Judge Rules Against NSO Group in WhatsApp Hacking Case
A U.S. federal judge has ruled against Israeli spyware maker NSO Group, finding the company liable for breaching hacking laws by exploiting WhatsApp to infect devices with its Pegasus spyware. The ruling marks a significant legal decision against NSO Group in a case that has been ongoing for five years.
Meta-owned WhatsApp initially filed a lawsuit against NSO Group in 2019, alleging that the company had exploited an audio-calling vulnerability in the messaging app. The Pegasus spyware reportedly targeted over 1,400 users, including human rights defenders, journalists, government officials, and diplomats.
Judge Phyllis Hamilton of the U.S. District Court for the Northern District of California ruled that NSO Group violated both state and federal hacking laws. The judge found that NSO Group had breached WhatsApp’s terms of service, which explicitly prohibit malicious use of the platform.
While NSO Group did not dispute reverse-engineering WhatsApp’s software, they questioned the timing of agreeing to the terms of service. However, Judge Hamilton emphasized that NSO must have accessed WhatsApp to install Pegasus, regardless of when they agreed to the terms.
The ruling also highlighted significant discovery and compliance issues. NSO Group failed to produce relevant materials, including the Pegasus source code and internal communications about WhatsApp vulnerabilities. Judge Hamilton expressed concerns about NSO’s transparency and cooperation with the judicial process.
Meta spokesperson Emily Westcott welcomed the ruling, stating, “Companies must be held accountable when they break the law and cause harm.” WhatsApp head Will Cathcart called the decision a “huge win for privacy.”
NSO Group spokesperson Gil Lainer declined to comment on the ruling. The company has previously defended Pegasus as a tool for law enforcement agencies to combat crime and terrorism.
The case is set to proceed to trial in March 2025, where a jury will determine the damages NSO Group should pay WhatsApp. This ruling represents a crucial step in the ongoing legal battle between tech companies and spyware manufacturers, with potential implications for digital privacy and security worldwide.
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