Pegasus Spyware: Court Finds NSO Group Liable for 1,400 Infections
A California court has ruled that Israeli firm NSO Group is liable for hacking into WhatsApp and deploying its notorious Pegasus spyware. The ruling, delivered by Judge Phyllis Hamilton in Oakland, marks a significant turning point in the fight to hold spyware companies accountable for their actions.
The case, brought by Meta Platforms and its subsidiary WhatsApp in 2019, centered on NSO Group’s exploitation of a vulnerability in WhatsApp to install Pegasus on over 1,400 devices. This powerful spyware enabled the surveillance of journalists, human rights activists, and dissidents worldwide, turning their own phones into potent surveillance tools.
Judge Hamilton found NSO Group in violation of WhatsApp’s terms of service and guilty of unlawful activities, rejecting the company’s attempts to shield itself behind claims of serving law enforcement agencies. This echoes previous dismissals of NSO’s attempts to claim immunity under the Foreign Sovereign Immunities Act in U.S. courts.
Will Cathcart, head of WhatsApp, hailed the decision as a victory for privacy protection, emphasizing that spyware companies cannot shield themselves with legal immunity and must be held accountable for their actions.
Cybersecurity experts also welcomed the verdict. John Scott-Railton of the Canadian organization Citizen Lab, which first disclosed details about Pegasus in 2016, described the ruling as a landmark precedent for the spyware industry. He asserted that it underscores the principle that companies deploying such tools cannot evade responsibility by citing the actions of their clients.
This case, which was allowed to proceed after the U.S. Supreme Court denied NSO’s appeal last year, sets a crucial precedent for the future. It sends a clear message that even in the murky world of cyber espionage, legal boundaries must be respected and the right to privacy upheld. The next phase of the trial will determine the amount of damages NSO Group will be required to pay, potentially dealing a further financial blow to the embattled company.
