NSO Group Held Accountable for Illegally Accessing WhatsApp Users' Data in Significant Privacy Victory

NSO Group Held Accountable for Illegally Accessing WhatsApp Users' Data in Significant Privacy Victory

January 2025

In a landmark ruling that marks a major victory for privacy rights, an Israeli surveillance company, the NSO Group, has been declared legally accountable for hacking into the accounts of WhatsApp users. The judgment was delivered by U.S. District Judge Phyllis Hamilton, who rejected NSO Group's immunity claim. The NSO Group, a renowned commercial spyware maker, has been accused multiple times of facilitating human rights abuses. This ruling is a significant setback for the firm, which had argued that it should be granted sovereign immunity as its clients are government agencies. However, the judge disagreed, stating that such a defense was not applicable. WhatsApp, which is owned by Facebook, had brought a lawsuit against the NSO Group in 2019. The social media giant claimed that NSO Group had exploited a vulnerability in the messaging app to hack into the phones of 1,400 users across 20 countries. These targets included human rights activists, journalists, and lawyers, among others. This ruling is seen as a significant victory for digital privacy, as it sets an important legal precedent for holding spyware makers accountable for their actions. It also serves as a warning to other firms that develop and sell surveillance technology, emphasizing that they can be held legally responsible for how their products are used. Alan Butler, President of the Electronic Privacy Information Center, lauded the decision, stating that it sends a clear message that spyware manufacturers cannot hide behind their clients’ immunity. Meanwhile, NSO Group has maintained its stance, asserting that it is a technology company that sells its products to licensed and vetted government agencies only for legitimate uses. The ruling opens the door for the lawsuit to proceed to discovery, where WhatsApp can seek to uncover more evidence about NSO Group’s operations and its role in the attacks. NSO Group may appeal against the decision, but if it stands, it could have far-reaching implications for the surveillance industry.