Judge finds Pegasus spyware maker liable for 2019 WhatsApp hacks
In a significant legal victory for Meta’s WhatsApp, a U.S. federal judge has ruled that NSO Group Technologies, the Israeli firm behind the controversial Pegasus spyware, is liable for a series of hacks targeting WhatsApp users in 2019. The judgment, handed down by Judge Phyllis Hamilton late Friday, found that NSO Group violated U.S. hacking laws and WhatsApp’s terms of service.
The lawsuit, brought by Meta's WhatsApp, accused NSO Group of using Pegasus to infect and surveil the phones of 1,400 individuals over a two-week period in May 2019. Victims included journalists, human rights activists, political dissidents, senior government officials, and diplomats.
Judge Hamilton’s ruling determined that NSO Group directly facilitated these hacks, refuting the company’s claims that its government clients were solely responsible for the use of Pegasus.
In her summary judgment, Hamilton stated that NSO Group had violated the U.S. Computer Fraud and Abuse Act and accused the company of non-compliance throughout the litigation process.
She imposed sanctions on the spyware maker for failing to provide WhatsApp with the source code of Pegasus as ordered, criticizing the company for making the source code accessible only in Israel under impractical conditions.
WhatsApp responds
Following the ruling, WhatsApp issued a statement expressing gratitude for the decision. “After five years of litigation, we’re grateful for today’s decision. NSO can no longer avoid accountability for their unlawful attacks on WhatsApp, journalists, human rights activists, and civil society. With this ruling, spyware companies should be on notice that their illegal actions will not be tolerated,” the company said.
NSO Group did not immediately respond to requests for comment.
The ruling sets the stage for a jury trial in March 2025 to determine the damages NSO Group owes to WhatsApp. This judgment further underscores the scrutiny faced by NSO Group, which has been blacklisted by the U.S. government since 2021.
The software has been implicated in widespread surveillance activities, including infiltrating iPhones to access private messages, emails, and photos. Apple had filed a similar lawsuit against NSO Group, but it was dropped in September.
A message to spyware companies
This ruling sends a strong signal to companies operating in the spyware industry. As Judge Hamilton’s decision demonstrates, organizations facilitating unauthorized surveillance will be held accountable. For WhatsApp and other digital platforms, this case shows the importance of combating threats to user privacy and security.
