A US judge on Friday ruled in favor of Meta Platforms' WhatsApp in a lawsuit accusing Israel's NSO Group of exploiting a vulnerability in the messaging app to deploy spyware for unauthorized surveillance, Reuters reported.
US District Judge Phyllis Hamilton, based in Oakland, California, sided with WhatsApp by granting a motion that found NSO liable for hacking and breaching the platform's terms of service.
The ruling paves the way for the case to proceed to trial, focusing solely on determining damages, according to Hamilton.
NSO Group did not immediately respond to an emailed request for comment.
Will Cathcart, the head of WhatsApp, called the decision a victory 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 stated in a social media post. "Surveillance companies should be on notice that illegal spying will not be tolerated."
A WhatsApp spokesperson expressed gratitude for the court's decision, saying, "We’re proud to have stood up against NSO and thankful to the many organizations that were supportive of this case. WhatsApp will never stop working to protect people’s private communication."
WhatsApp initially filed its lawsuit against NSO in 2019, seeking an injunction and damages. The platform alleged that six months earlier, NSO had unlawfully accessed WhatsApp servers to install Pegasus spyware on victims' mobile devices. The spyware was reportedly used to target 1,400 individuals, including journalists, human rights activists, and dissidents.
NSO defended its actions, arguing that Pegasus is a tool designed to assist law enforcement and intelligence agencies in combating crime and protecting national security. The company claimed its technology aids in tracking terrorists, pedophiles, and serious criminals.
The US Supreme Court declined to hear NSO's appeal in 2022, allowing the lawsuit to proceed.
NSO has long been criticized over its Pegasus spyware. In one case, the Finnish foreign ministry said it had detected Pegasus in several phones used by its diplomats abroad.
The Finnish announcement followed a report in The New York Times which said that Prime Minister Benjamin Netanyahu worked to ensure that Saudi Arabia would be able to use the Pegasus software, around the time that the Abraham Accords were signed with the United Arab Emirates (UAE).
In 2022, Spain launched an investigation after the Spanish government said the spyware had been used against top politicians. The probe was shelved a year later over what was described as a "complete" lack of cooperation from Israel.
The US Commerce Department has blacklisted NSO Group, prohibiting it from using American technology in its operations.
Apple has sued the Israeli firm, seeking a permanent injunction to ban NSO Group from using Apple software, services, or devices.
