WhatsApp wins case as US judge rules against NSO Group

A US judge has ruled against Israel’s NSO Group in a lawsuit brought by WhatsApp, finding the spyware firm liable for hacking and breach of contract. The case, heard in Oakland, California, revolves around allegations that NSO exploited a vulnerability in WhatsApp to install Pegasus spyware, enabling unauthorised surveillance of 1,400 individuals. The court decision moves the case forward to determine damages.

Will Cathcart, head of WhatsApp, described the ruling as a triumph for privacy, emphasising the need for accountability in the spyware industry. WhatsApp expressed gratitude for support from various organisations and pledged continued efforts to safeguard private communications. Cybersecurity experts, including Citizen Lab’s John Scott-Railton, hailed the judgment as a pivotal moment for holding spyware companies accountable.

NSO argued that its Pegasus software serves to combat serious crime and threats to national security. However, the courts previously rejected claims of immunity, noting the company’s activities fell outside the protection of federal law. Appeals by NSO to higher courts, including the US Supreme Court, failed, paving the way for the trial to proceed.

The judgment signals a significant shift in how the spyware industry may be regulated, with implications for firms previously claiming they were not responsible for the misuse of their technology. Experts see it as a warning to surveillance companies that illegal actions will not go unchallenged.