NSO Group, an Israeli company known for its advanced cyber weaponry, has been ordered by a US court to provide instant messaging platform WhatsApp with codes of its notorious spyware Pegasus, as well as other spyware technology.
The instructions were handed down as part of an ongoing legal battle in which WhatsApp had alleged that the Israeli company’s spyware was used against 1,400 WhatsApp users over a two-week period.
A major legal victory
As per the Guardian, this is a major legal victory for Meta-owned WhatsApp. The Pegasus code, along with the code of other surveillance products, is considered a closely guarded state secret by NSO.
The company is subject to strict regulation by the Israeli ministry of defence, which must approve all sales of its licences to foreign governments.
Despite NSO’s plea to be excused from its discovery obligations due to “various US and Israeli restrictions,” Judge Phyllis Hamilton ruled in favour of WhatsApp. She ordered NSO to produce “all relevant spyware” from the period one year before and after the alleged attacks on WhatsApp users, from 29 April 2018 to 10 May 2020.
Additionally, NSO is also required to provide WhatsApp with information “concerning the full functionality of the relevant spyware.”
However, Judge Hamilton ruled in NSO’s favour on one issue: the company will not have to disclose its clients’ names or information about its server architecture.
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Celebrating the victory as a “milestone,” a WhatsApp spokesperson said: “The recent court ruling is an important milestone in our long-running goal of protecting WhatsApp users against unlawful attacks. Spyware companies and other malicious actors need to understand they can be caught and will not be able to ignore the law.”
What is Pegasus?
NSO’s Pegasus software is a powerful spyware capable of hacking any mobile phone, and obtaining unrestricted access to phone calls, emails, photos, location data, and encrypted messages without the user’s knowledge.
Its maker, NSO, was blacklisted by the Joe Biden administration in 2021, citing actions “contrary to the foreign policy and national security interests of the US”.
NSO sells its spyware to government clients worldwide, and maintains that the agencies using its technology are responsible for its use. While NSO does not disclose its clients’ identities, research and media reports have linked countries such as Poland, Saudi Arabia, Rwanda, India, Hungary, and the United Arab Emirates using Pegasus against dissidents, journalists, and human rights activists.
(With inputs from agencies)
