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US Court Makes Pegasus Spyware Maker Liable for WhatsApp Hack

  • Writer: M.R Mishra
    M.R Mishra
  • Dec 22, 2024
  • 2 min read

A U.S. judge has ruled against the Israeli firm NSO Group Technologies, the creator of Pegasus spyware, in a lawsuit filed by WhatsApp.


Key Points:


Ruling Against NSO Group: A U.S. judge found the Israeli firm NSO Group liable for violating state and federal hacking laws and WhatsApp’s terms of service.


Pegasus Spyware: The case involved NSO's Pegasus spyware, which was used to hack 1,400 WhatsApp accounts in May 2019, targeting government officials, journalists, human rights activists, and diplomats.


Legal Victory for WhatsApp: WhatsApp celebrated the judgment as a warning to spyware companies, emphasizing accountability for illegal surveillance.


Sanctions for Non-Compliance: NSO Group faced sanctions for failing to provide Pegasus' source code during the litigation, as ordered by the court.


Separate Trial for Damages: A jury trial in March 2025 will determine the financial damages NSO Group owes WhatsApp.


False Claims by NSO: Despite NSO’s assertion that its clients controlled spyware use, evidence showed the company itself executed operations using Pegasus.


Blacklist by U.S. Government: The Biden administration blacklisted NSO in 2021, barring U.S. agencies from purchasing its products due to its misuse by authoritarian regimes.


The court found that the company breached both state and federal U.S. hacking laws, as well as WhatsApp's terms of service, during a two-week hacking campaign in May 2019 that targeted 1,400 individuals using the Pegasus software.


The judgment, issued by Judge Phyllis Hamilton, marks a significant legal victory for WhatsApp, owned by Meta. A separate trial in March 2025 will determine the damages NSO Group must pay.


WhatsApp celebrated the decision, stating that it is a warning to spyware companies engaging in illegal activities.


"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," the company said.

The ruling also highlighted NSO Group's lack of cooperation during the case. Despite being ordered to share Pegasus' source code, the company failed to comply, prompting sanctions.


The judge criticized NSO's insistence that the code could only be accessed in Israel by an Israeli citizen, deeming it impractical.


NSO has previously claimed that its government clients are solely responsible for using Pegasus. However, evidence presented in court contradicted this, showing the company itself conducted operations using the spyware, which has been used to infiltrate both WhatsApp and iPhones, extracting personal data like photos, emails, and messages.


Victims of the hacking include government officials, journalists, human rights activists, and diplomats. In 2021, the U.S. government blacklisted NSO Group, prohibiting its agencies from purchasing the company’s products due to concerns over its use in authoritarian regimes.

The ruling underscores the global implications of spyware abuse, as well as the ongoing efforts to hold companies accountable for facilitating unlawful surveillance.


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