Photo Credit: Getty Images
In favor of the social media giant Meta, a U.S. district judge in Oakland, California, that the Israeli spyware company NSO Group is liable for hacking and breach of contract. This decision marks a pivotal moment in the fight against unauthorized surveillance by private companies.
The lawsuit, filed by WhatsApp in 2019, accused NSO Group of exploiting a vulnerability in the messaging platform to install Pegasus spyware on the devices of over 1,400 individuals, including journalists, human rights activists, and political dissidents. WhatsApp's parent company, Meta, sought both damages and an injunction to prevent further misuse of its platform.
Will Cathcart, head of WhatsApp, hailed the decision as a victory for privacy. "Spyware companies cannot evade accountability for their illegal activities," Cathcart stated. "Today's ruling is a strong message that illegal spying will not be tolerated."
The case, now proceeding to trial on the issue of damages, could have broader implications for the spyware industry. John Scott-Railton, a senior researcher at Citizen Lab, described the judgment as a "landmark ruling" that challenges the industry's long-held defense of limited responsibility for client actions. "This decision signals that companies like NSO are accountable for their violations," he noted.
NSO Group, which has consistently denied wrongdoing, claims its technology is designed to assist law enforcement in combating terrorism and crime. However, critics argue that Pegasus has been widely misused, raising ethical concerns.
The ruling builds on prior legal setbacks for NSO. In 2020, a U.S. judge denied the company's claim for "conduct-based immunity," a doctrine shielding foreign officials performing official duties. This denial was upheld by the 9th U.S. Circuit Court of Appeals in 2021 and allowed to stand by the U.S. Supreme Court in 2023.
Cybersecurity experts believe the judgment could have a ripple effect, curbing the proliferation of spyware. According to a U.S. intelligence report, at least 74 countries have procured such technology, often for questionable purposes.
This decision comes amid growing scrutiny of the spyware industry, particularly in light of incidents like the 2021 hacking of U.S. diplomats' iPhones using NSO software. The Biden administration has intensified efforts to regulate spyware, reflecting mounting concerns over its misuse.
