A US judge on Friday ruled in favor of Meta Platforms’ WhatsApp in a lawsuit accusing Israel’s NSO Group of exploiting a bug in the messaging app to install spy software allowing unauthorized surveillance.
US District Judge Phyllis Hamilton in Oakland, California, granted a motion by WhatsApp and found NSO liable for hacking and breach of contract.
The case would proceed to a trial only on the issue of damages, Hamilton said.
Photo: Reuters
NSO Group did not immediately respond to an e-mailed request for comment.
Will Cathcart, the head of WhatsApp, said the ruling is a win for privacy.
“We spent five years presenting our case because we firmly believe that spyware companies could not hide behind immunity or avoid accountability for their unlawful actions,” Cathcart said in a social media post.
“Surveillance companies should be on notice that illegal spying will not be tolerated,” he said.
Cybersecurity experts welcomed the judgement.
John Scott-Railton, a senior researcher with Canadian Internet watchdog Citizen Lab — which first brought to light NSO’s Pegasus spyware in 2016 — called the judgement a landmark ruling with “huge implications for the spyware industry.”
“The entire industry has hidden behind the claim that whatever their customers do with their hacking tools, it’s not their responsibility,” he said in an instant message. “Today’s ruling makes it clear that NSO Group is in fact responsible for breaking numerous laws.”
WhatsApp in 2019 sued NSO seeking an injunction and damages, accusing it of accessing WhatsApp servers without permission six months earlier to install the Pegasus software on victims’ mobile devices. The lawsuit alleged the intrusion allowed the surveillance of 1,400 people, including journalists, human rights activists and dissidents.
NSO had argued that Pegasus helps law enforcement and intelligence agencies fight crime and protect national security and that its technology is intended to help catch terrorists, pedophiles and hardened criminals.
NSO appealed a trial judge’s 2020 refusal to award it “conduct-based immunity,” a common law doctrine protecting foreign officials acting in their official capacity.
Upholding that ruling in 2021, the San Francisco-based 9th US Circuit Court of Appeals called it an “easy case” because NSO’s mere licensing of Pegasus and offering technical support did not shield it from liability under a federal law called the Foreign Sovereign Immunities Act, which took precedence over common law.
The US Supreme Court last year turned away NSO’s appeal of the lower court’s decision, allowing the lawsuit to proceed.
An American scientist convicted of lying to US authorities about payments from China while he was at Harvard University has rebuilt his research lab in Shenzhen, China, to pursue technology the Chinese government has identified as a national priority: embedding electronics into the human brain. Charles Lieber, 67, is among the world’s leading researchers in brain-computer interfaces. The technology has shown promise in treating conditions such as amyotrophic lateral sclerosis and restoring movement in paralyzed people. It also has potential military applications: Scientists at the Chinese People’s Liberation Army have investigated brain interfaces as a way to engineer super soldiers by boosting
Indonesian police have arrested 13 people after shocking images of alleged abuse against small children at a daycare center went viral, sparking outrage across the nation, officials said on Monday. Police on Friday last week raided Little Aresha, a daycare center in Yogyakarta on Java island, following a report from a former employee. CCTV footage circulating on social media showed children, most younger than two, lying on the floor wearing only diapers, their hands and feet bound with rags. The police have confirmed that the footage is authentic. Police said they also found 20 children crammed into a room just 3m by 3m. “So
A grieving mother has ended her life at a clinic in Switzerland four years after the death of her only child. Wendy Duffy, 56, a physically healthy woman, died at the Pegasos clinic in Basel after struggling to cope with the death of her 23-year-old son, Marcus. The former care worker, from the West Midlands, England, had previously attempted to take her own life. The case comes as assisted dying would not become law in England and Wales after proposed legislation, branded “hopelessly flawed” by opponents, ran out of time. Ruedi Habegger, the founder of Pegasos, described Duffy’s death as
From post offices and parks to stations and even the summit of Mount Fuji, Japan’s vending machines are ubiquitous, but with the rapid pace of inflation cooling demand for their drinks, operators are being forced to rethink the business. Last month beverage giant DyDo Group Holdings announced it would remove about 20,000 vending machines — about 7 percent of their stock nationwide — by January next year, to “reconstruct a profitable network.” Pokka Sapporo Food & Beverage, based in Nagoya, also said last month it would sell its 40,000-machine operation to Osaka-based Lifedrink Co. “The strength of the vending machine
RSS