WhatsApp Secures Landmark Victory Against NSO Group Over Pegasus Spyware Abuse

WhatsApp has secured a significant legal victory against NSO Group, the Israeli spyware maker accused of abusing the messaging platform to infiltrate the phones of journalists, activists, and dissidents using its Pegasus hacking tool.

A United States court in the Northern District of California ruled that NSO violated hacking laws and the terms of service agreement by using WhatsApp to infect over 1,000 devices with spyware. While the ruling focused on liability, leaving the issue of damages to a future trial, it marks a decisive win for technology companies working to protect their platforms from misuse.

Judge Phyllis Hamilton, delivering the ruling, dismissed NSO Group’s arguments and upheld the claims that the company had reverse-engineered and decompiled WhatsApp’s software to carry out its hacks. NSO’s contention that this occurred prior to agreeing to WhatsApp’s terms of service was rejected by the court, which stated that access to the software would have required agreement to the terms.

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The lawsuit, launched in response to revelations of hacking incidents in 2019, has drawn support from several technology giants, including Apple and Amazon, who back efforts to curb spyware misuse.

Pegasus, NSO’s flagship spyware, has been associated with serious human rights violations. The tool can intercept encrypted messages, activate cameras and microphones remotely, and track phone locations. Its use has led to the blacklisting of NSO Group by the United States Department of Commerce.

WhatsApp welcomed the judgment, emphasizing the importance of holding NSO accountable for its unlawful activities targeting civil society, journalists, and human rights activists. The court further noted NSO’s repeated failures to provide relevant evidence, including details related to Pegasus’ source code.

This decision is expected to have far-reaching implications. Observers believe it will deter other spyware companies from targeting users in the United States and discourage investors from supporting the development of intrusive hacking tools.