Landmark ruling favors WhatsApp in legal fight against government-grade spyware company

A US judge strikes a major blow in favor of Meta's WhatsApp in a lawsuit accusing Israel's NSO Group of using a bug in the messaging app to install unauthorized spyware. Remember Pegasus and the scandal, dating some five years ago?

At least 1,400 individuals, including journalists, human rights activists, and political dissidents, were targeted. This pretty naughty spyware was installed on a smartphone simply by placing a call, even if the call went unanswered. The spyware, Pegasus, developed by Israel-based NSO Group, is typically used by governments for surveillance.

Now, the ruling by US District Judge Phyllis Hamilton in Oakland, California, found NSO liable for hacking and breach of contract, allowing the case to proceed to trial solely on the issue of damages, Reuters reports.

Will Cathcart, WhatsApp's head, described the ruling as a significant victory for privacy. He emphasized that the company's five-year legal battle aimed to hold spyware firms accountable, asserting that such firms should not be able to evade responsibility or claim immunity for illegal activities. I think we can all agree on that. A WhatsApp spokesperson expressed gratitude for the court's decision.

Cybersecurity experts welcomed the ruling as an important moment for the spyware industry. John Scott-Railton, a senior researcher with Citizen Lab, which initially exposed NSO's Pegasus spyware in 2016, characterized the judgment as a landmark decision. He pointed out that the spyware industry often disclaims responsibility for how its tools are used, but this ruling establishes clear accountability for companies like NSO that violate legal standards.

The lawsuit, initiated by WhatsApp in 2019, accused NSO of using its Pegasus software to unlawfully access WhatsApp servers, targeting 1,400 individuals, including journalists, human rights activists, and dissidents.