Court mandates Pegasus spyware creator to surrender code to WhatsApp.
2 min readMeta’s messaging app sues Israeli NSO Group for spying on 1,400 users within two weeks.
A US court mandates NSO Group to provide Pegasus code to WhatsApp amidst ongoing legal proceedings.
Judge Phyllis Hamilton’s ruling marks a significant win for WhatsApp, owned by Meta, in its legal battle against NSO since 2019. The lawsuit claims NSO’s spyware targeted 1,400 WhatsApp users over two weeks.
NSO’s Pegasus code, along with other surveillance product codes, are deemed closely guarded state secrets. The Israeli Ministry of Defense tightly regulates NSO, reviewing and approving all license sales to foreign governments.
In her ruling, Hamilton addressed NSO’s request to be excused from its discovery obligations citing “various US and Israeli restrictions.” However, she sided with WhatsApp, ordering NSO to provide all relevant spyware data for the period from April 29, 2018, to May 10, 2020, including details on the spyware’s functionality.
Hamilton did rule in favor of NSO regarding the disclosure of client names and server architecture details at this time.
A WhatsApp spokesperson hailed the court ruling as a significant step in protecting users from unlawful attacks, emphasizing the accountability of spyware companies. NSO opted not to comment on the decision, and the litigation is ongoing.
NSO’s Pegasus software, when deployed successfully, grants unrestricted access to mobile phones, including calls, emails, photos, location data, and encrypted messages without user consent. The Biden administration blacklisted NSO in 2021, citing actions contrary to US foreign policy and national security interests.
NSO markets its spyware to governments globally, stating that deploying agencies are accountable for its usage. Although NSO keeps client names confidential, research and media coverage have linked Poland, Saudi Arabia, Rwanda, India, Hungary, and the United Arab Emirates to past utilization of the technology against dissidents, journalists, activists, and other civil society members.