U.S. Judge Rules Against NSO Group in WhatsApp Pegasus Spyware Case

Latest News on NSO Group Court Ruling and WhatsApp's Legal Victory:

In a significant legal victory, WhatsApp has won a major case against NSO Group, the Israeli technology firm behind the Pegasus spyware. On December 20, 2024, a U.S. judge ruled that NSO Group is liable for hacking and breach of contract, pushing the case forward to a damages trial1 2 3.

Key Highlights:

Liability Ruling: The U.S. District Court for the Northern District of California found NSO Group liable for exploiting a vulnerability in WhatsApp to install Pegasus spyware on approximately 1,400 devices worldwide. This ruling holds NSO accountable for violating U.S. and California anti-hacking laws, as well as breaching WhatsApp’s terms of service1 2 3.
Discovery Violations: The court sanctioned NSO Group for failing to comply with discovery orders, including the failure to produce the full source code of Pegasus spyware. This non-compliance was deemed impractical for litigation in California and raised serious concerns about NSO's transparency and willingness to cooperate with the judicial process2 3 4.
Privacy Implications: The ruling underscores the importance of adhering to contractual obligations and respecting user privacy. It sets a significant precedent in holding technology firms accountable for cyberattacks facilitated through their tools, reinforcing the principle that companies cannot evade responsibility for the malicious use of their software by claiming client autonomy1 2 4.
Damages Trial: The case will proceed to a trial in March 2025 to determine the financial consequences for NSO Group. WhatsApp is expected to argue for significant compensation, citing the costs incurred during its investigation and the heightened measures required to secure its platform against such incursions1 2 3.
Global Scrutiny: The misuse of Pegasus spyware by authoritarian regimes and other governments has been a major concern. This ruling serves as a reminder of the legal risks associated with developing and deploying surveillance technologies without adequate safeguards against abuse3 4.
Impact on NSO Group: The ruling represents another blow to NSO Group, which has faced growing global scrutiny over the misuse of Pegasus spyware. The company's operations and reputation are severely impacted, coupled with earlier sanctions and restrictions, including being blacklisted by the U.S. Department of Commerce4.
WhatsApp's Commitment to Privacy: Will Cathcart, the head of WhatsApp, described the ruling as a "huge win for privacy," emphasizing WhatsApp's commitment to defending user privacy against sophisticated cyber threats. The company has reaffirmed its efforts to safeguard private communications and protect users from unauthorized intrusions1 3 4.