A Historic Decision Against Spyware Misuse

In a groundbreaking legal decision, a U.S. federal judge in Northern California ruled that Israeli spyware company NSO Group violated hacking laws by using WhatsApp to clandestinely infiltrate devices with its Pegasus spyware. This ruling is a significant step in holding spyware companies accountable for their actions.

The Case Against NSO Group

Five years ago, Meta-owned WhatsApp initiated a lawsuit against NSO Group, accusing them of exploiting an audio-calling flaw to deploy Pegasus spyware on the devices of 1,400 users. Among those targeted were human rights defenders, journalists, and government officials. Judge Phyllis Hamilton found NSO liable for violating state and federal hacking laws, as well as WhatsApp’s own terms of service.

“Common sense dictates that [NSO] must have first gained access,” Judge Hamilton remarked, emphasizing that NSO offered “no plausible explanation” for bypassing the terms of service.

— Judge Phyllis Hamilton

NSO’s Lack of Transparency

Judge Hamilton criticized NSO for its lack of cooperation in the judicial process. The company repeatedly failed to produce essential discovery materials, including the Pegasus source code and internal communications about WhatsApp vulnerabilities.

WhatsApp’s Response

Emily Westcott, a Meta spokesperson, hailed the decision as a victory for privacy and accountability. “NSO can no longer evade responsibility for their unlawful actions,” she stated. Will Cathcart, head of WhatsApp, echoed this sentiment, describing the ruling as a “huge win for privacy.”

• The case marks a pivotal moment in the fight against unlawful spyware use.
• Spyware companies are now on notice regarding their illegal activities.
• WhatsApp remains committed to safeguarding private communications.

The Road Ahead

The case will proceed to trial in March 2025, where a jury will determine the damages NSO Group owes WhatsApp. Despite the ruling, an NSO spokesperson declined to comment on the matter.

Conclusion: A Step Towards Greater Digital Privacy

This ruling serves as a powerful reminder of the importance of protecting digital privacy and holding companies accountable for their actions. As more cases like this arise, it is crucial that we continue to prioritize transparency and ethical practices in technology.