The court finds Israeli company NSO Group accountable for compensatory damages in the WhatsApp hacking lawsuit.
It's a rare victory for activists aiming to control corporations manufacturing potent surveillance software, such as tools capable of tracking phone calls and messages, which allegedly have been employed against journalists, human rights defenders, and political dissidents worldwide.
The trial will now delve into the sum of compensation NSO Group needs to pay Meta-owned WhatsApp, as Judge Phyllis Hamilton of the Northern District of California declared in her decision on Friday, granting WhatsApp's petition for partial summary judgment.
This pioneering lawsuit sprang up in 2019, when WhatsApp filed charges against NSO Group, accusing them of breaching a federal anti-hacking law. WhatsApp reported that NSO Group's prominent custom malware, Pegasus, was utilized in an extensive assault against human rights advocates and journalists that spring.
NSO Group did not promptly provide a comment in response to a request for comment on Friday evening. The company has consistently denied wrongdoing and asserted that its products are utilized to combat crime and terrorism.
“Surveillance businesses should be aware that unlawful monitoring will no longer be tolerated,” expressed Will Cathcart, the CEO of WhatsApp, in a social media posting.
The commercial spyware market has seen significant growth over the past decade. Countries like Israel and North Macedonia have ventured into offering these services, while many governments have acted as eager buyers. At least 74 countries have contracted with private businesses to obtain commercial spyware, as reported by US intelligence agencies in their annual threat assessment.
The Biden administration has made attempts to curb spyware developers, after the State Department discovered in 2021 that the smartphones of about a dozen of its diplomats were hacked via NSO Group-developed spyware.
US officials have expressed concern over a “strongly aggressive” attempt by spyware vendors to peddle their hacking tools to various US agencies, a US National Security Council official previously informed CNN.
The FBI, for instance, verified in 2022 that the bureau purchased a testing license for Pegasus. The FBI has not utilized Pegasus in investigations, according to the bureau itself.
Friday’s verdict in favor of WhatsApp “establishes a precedent that will be cited for years to come,” commented John Scott-Railton, a researcher at the University of Toronto’s Citizen Lab, who has scrutinized the utilization of NSO Group’s spyware.
“This is the most closely watched case about mercenary spyware and everyone is watching,” Scott-Railton told CNN. The verdict could have a “chilling impact” on ambitions of other spyware companies to enter the US market, he added.
This judgment could potentially lead to a shift in the tech industry, forcing 'surveillance businesses' to reevaluate their practices. Neglecting federal anti-hacking laws in the 'business of tech' may result in legal consequences.
