WhatsApp Achieves Major Legal Victory as Judge Rules NSO Group Liable for Hacking and Contract Breach
The case originates from WhatsApp's 2019 lawsuit, which accused NSO of exploiting a vulnerability in the app. (Representational image)A US judge ruled in favor of Meta Platforms’ WhatsApp on Friday in its ongoing lawsuit against Israel’s NSO Group, accusing the spyware company of exploiting a vulnerability in the messaging app to secretly install surveillance software on users' devices. The decision by US District Judge Phyllis Hamilton represents a major victory for WhatsApp, privacy advocates, and cybersecurity experts, holding NSO accountable for its actions.
The judge granted WhatsApp's motion for summary judgment, ruling that NSO Group was liable for hacking and breach of contract. As a result, the case will proceed to trial, but only to determine damages. A trial date has not yet been set. NSO Group has not yet commented on the ruling.
In response to the decision, Will Cathcart, head of WhatsApp, praised the victory as a significant step forward for privacy rights.
“We spent five years presenting our case because we firmly believe spyware companies should not be able to hide behind immunity or evade accountability for their illegal actions,” Cathcart wrote on social media. “Surveillance companies should be on notice that illegal spying will not be tolerated.”
What is the case?
The case originates from WhatsApp's 2019 lawsuit, accusing NSO Group of exploiting a vulnerability in the app to install its notorious Pegasus spyware on the phones of over 1,400 individuals, including journalists, human rights activists, and political dissidents. The spyware was secretly installed without the users' knowledge, allowing NSO's clients—government agencies and law enforcement—to monitor communications, track locations, and intercept private messages. WhatsApp argued that the hack violated both US and international laws.
NSO Group has consistently claimed that its software, Pegasus, is used solely by government agencies to combat terrorism and criminal activity, including tracking pedophiles and preventing organized crime. The company maintains that its tools are crucial for national security and law enforcement.
However, US courts have repeatedly rejected this defense. In 2020, a trial judge denied NSO’s request for "conduct-based immunity," a legal doctrine that shields foreign officials from liability for actions carried out in an official capacity. This decision was upheld by the 9th US Circuit Court of Appeals in 2021, which ruled that NSO’s licensing of Pegasus did not grant immunity under US law.
The company’s final appeal was rejected by the US Supreme Court in 2023, clearing the path for Friday’s ruling.
Cybersecurity experts and privacy advocates praised the court’s decision as a historic step in the battle against digital surveillance and spyware companies. John Scott-Railton, a senior researcher at Citizen Lab, the Canadian research institute that exposed Pegasus spyware in 2016, called the ruling "huge" for the broader spyware industry.
“Today’s ruling makes it clear that NSO Group is accountable for violating multiple laws,” Scott-Railton said in a statement. “The spyware industry has long tried to claim they aren’t responsible for how their tools are used, but this decision sets a powerful precedent that will hold companies accountable for their actions.”
Repercussions of the Ruling
WhatsApp's lawsuit seeks not only damages but also an injunction to prevent NSO from using its software to spy on individuals in the future. While the case now proceeds to trial to determine damages, legal experts believe the ruling could have significant implications for the industry, potentially setting a new standard for holding spyware manufacturers accountable for how their products are used.
The judgment comes amid rising concerns over digital privacy, government surveillance, and increasing scrutiny of companies that sell hacking tools to governments. Critics argue these tools often end up in the hands of authoritarian regimes, which use them to target journalists, political opponents, and other critics.
While the case against NSO Group continues, Friday’s ruling is seen as a major victory for WhatsApp and a key moment in the broader fight for digital privacy rights.
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