On Friday, a US determine ruled against Israel’s NSO Group, holding it accountable for breaking its commitment and hacking WhatsApp. NSO was charged with violating the lawsuit by using a weakness in WhatsApp to deploy Pegasus spyware. The test will now be held to determine the problems NSO may pay.
WhatsApp filed the lawsuit in 2019, alleging that it had Pegasus installed on roughly 1,400 products without consent. These products belonged to reporters, human rights activists, and people.
The view
In a summary view, US city determine Phyllis Hamilton in Oakland, California, held Jewish security firm NSO Group Technologies, also known as Q Cyber Technologies, responsible for hacking Meta’s WhatsApp using its superior military-grade spyware, Pegasus.
By sending harmful information through WhatsApp machines to sacrifice consumer devices, the jury determined that NSO had violated the Computer Fraud and Abuse Act and the Comprehensive Computer Data Access and Fraud Act. Also, it ruled that NSO breached its commitment by violating WhatsApp’s Terms of Service.
The summary view dated December 20 state, as quoted by Live Law:
” Thus, the Court grants summary judgment in plaintiffs ‘ favour on the CFAA claim under both section ( a ) ( 2 ) and ( a ) ( 4 ), on theory that defendants exceeded their authorisation. Plaintiffs make it abundantly clear that the WIS sent emails through WhatsApp machines, which led to Pegasus being installed on the products of target customers, and that the WIS was finally able to obtain protected details by sending them messages through the WhatsApp servers, and up to the WIS. They also contend that Pegasus was run by its clients, and that defendants did not collect any data as a result. Defendants further argue that terms such as ‘ illegal,’ ‘ unauthorised,’ and’ harmful’ as used in terms of service are vague and ambiguous. Finally, the defendants contend that plaintiffs allegedly violated those contractual terms by failing to bring them against any other users. The defendants ‘ arguments are rejected by the Court.
WhatsApp’s reaction
We spent five years bringing our case before you, because we firmly believe spyware companies cannot hide behind immunity or avoid being held accountable for their illegal actions, according to Will Cathcart, WhatsApp’s head. ” Surveillance companies should be on notice that illegal spying will not be tolerated,” he continued.
We’re proud to have stood up against NSO, and we’re grateful to the numerous organizations who supported this case, said a WhatsApp representative who thanked the decision. WhatsApp will never stop working to protect people’s private communication”.
NSO’s defence
NSO claimed that law enforcement and intelligence agencies use its software to combat terrorism and crime.
The company appealed a trial judge’s 2020 decision denying it” conduct-based immunity”, a legal doctrine shielding foreign officials acting in their official capacity.
The 9th US Circuit Court of Appeals in San Francisco upheld the ruling in 2021, calling it an “easy case” because NSO’s provision of technical support and Pegasus ‘ licensing did not, under the Foreign Sovereign Immunities Act, which overruled common law, exempt it from liability.
Last year, the US Supreme Court denied the appeal of NSO, which allowed the lawsuit to proceed.
Landmark ruling
John Scott-Railton, a senior researcher with Citizen Lab, described the ruling as a landmark decision with “huge implications for the spyware industry”. He stated,” The entire industry has hidden behind the claim that whatever their customers do with their hacking tools, it’s not their responsibility. The NSO Group is in fact responsible for breaking a number of laws, according to today’s ruling. In 2016, Citizen Lab was the first to reveal NSO’s Pegasus spyware.
The lawsuit
The lawsuit against NSO Group was brought by WhatsApp in 2019 and it was alleged that it had broken federal anti-hacking laws. The lawsuit alleged that NSO’s flagship spyware, Pegasus, was used in a widespread attack targeting 1, 400 individuals, including human rights advocates and journalists.
