OAKLAND, Calif. (AP) — A federal judge ruled Friday that Israeli technology firm NSO Group is liable for hacking WhatsApp’s messaging platform, marking a significant victory in the Meta-owned company’s long-running lawsuit over unauthorized surveillance.
U.S. District Judge Phyllis Hamilton in Oakland granted WhatsApp’s motion for liability against NSO Group for both hacking and breach of contract. The case will now proceed to trial solely to determine damages.
“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,” Will Cathcart, WhatsApp’s head, said in a social media post.
The lawsuit, filed in 2019, accused NSO of exploiting a vulnerability in WhatsApp to install its Pegasus spyware on victims’ devices, enabling surveillance of 1,400 people, including journalists, human rights activists, and dissidents.
NSO Group had argued that Pegasus helps law enforcement and intelligence agencies fight crime and terrorism. The company sought “conduct-based immunity,” claiming protection as a foreign entity acting in an official capacity.
That defense was rejected by the 9th U.S. Circuit Court of Appeals in 2021, and the U.S. Supreme Court declined to hear NSO’s appeal last year.
Cybersecurity experts hailed Friday’s ruling as groundbreaking. John Scott-Railton, senior researcher at Citizen Lab, which first exposed Pegasus in 2016, called it 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,” Scott-Railton said. “Today’s ruling makes it clear that NSO Group is in fact responsible for breaking numerous laws.”
NSO Group did not immediately respond to requests for comment.
The case highlights growing global concerns about commercial spyware and its potential for abuse. WhatsApp’s victory could set a precedent for holding surveillance technology companies accountable for how their products are used.
“Surveillance companies should be on notice that illegal spying will not be tolerated,” Cathcart warned.
A WhatsApp spokesperson expressed gratitude for the decision, adding, “WhatsApp will never stop working to protect people’s private communication.”
