California Court Holds NSO Group Liable for Hacking WhatsApp in Spyware Case: Report
Moneylife Digital Team 23 December 2024
On 20th December, a California district judge ruled that NSO group, an Israeli company making spyware known for the famous Pegasus spyware that was also found illegally injected in the phones of many Indian activists, had breached hacking laws and the terms of its service agreement with WhatsApp to inflitrate over 1,000 devices.
 
The case began in 2019 when WhatsApp, owned by Meta Platforms, discovered that NSO group had exploited vulnerability in its application to install Pegasus spyware on approximately 1,400 devices. The targets included journalists, human rights activists and political dissidents. WhatsApp subsequently filed a lawsuit accusing NSO Group of violating the Computer Fraud and Abuse Act and breaching its contractual terms.  
 
Judge Phyllis Hamilton of the US district court for the Northern District of California determined that NSO group had violated federal and state hacking laws, including the Computer Fraud and Abuse Act. The court also found that the company had breached WhatsApp terms of service by creating accounts to deploy the spyware which involved unauthorised use and reverse engineering of the platform.  
 
NSO’s defence, arguing that it should be granted immunity because its clients were foreign governments conducting law enforcement activities, was rejected by the court. This decision followed the US Supreme Court's earlier refusal to hear NSO's appeal on the matter, allowing the lawsuit to proceed.  
 
This ruling holds significant implications. It highlights that spyware companies like NSO group can be held accountable for illegal surveillance, even when acting on behalf of government clients. The judgment also supports efforts by technology firms to protect their platforms from misuse and reinforce the importance of user privacy and security. 
 
Furthermore, the outcome may deter other surveillance companies from engaging in similar activities, as they could face legal consequences in the United States.  
 
The case will now proceed to determine the damages NSO group must pay to WhatsApp. Will Cathcart, head of WhatsApp, hailed the ruling as a victory for privacy and a warning to surveillance companies against illegal spying.  
 
Comments
ppindia18
3 weeks ago
Should the guy selling the gun responsible for killing or they guy firing the gun?
Thariyan Tharayil
Replied to ppindia18 comment 3 weeks ago
If I find your wallet on the road, should I keep it or return to you. There is a moral obligation though not legal.
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