On Monday, the US Supreme Court granted WhatsApp, a messaging service owned by Meta Platforms Inc., permission to proceed with a case against Israel’s NSO Group, alleging it used a bug to install spy software on 1,400 people, including journalists, human rights activists, and dissidents.
“Today’s decision clears the path for lawsuits brought by the tech companies as well as for suits brought by journalists and human rights advocates who have been victims of spyware attacks,” Carrie DeCell, a senior staff attorney, representing journalists in a separate lawsuit against NSO Group, said on Monday.
The judges refused NSO’s appeal of a lower court’s decision to allow the litigation to proceed. NSO claimed that it was immune from legal punishment since it was acting as an agent for unnamed foreign governments when it installed the “Pegasus” spyware.
Biden administration had asked the Supreme court to deny NSO’s appeal
Biden administration had asked the Supreme court to deny NSO’s appeal, citing the fact that the US State Department has never previously recognized a private entity acting as an agent of a foreign state as entitled to protection, according to Reuters. The Department of Justice claimed at the time that “NSO plainly is not entitled to immunity here.”
On Monday, Meta, which also owns Facebook, praised the Supreme Court for dismissing a “baseless” petition.
“NSO’s spyware has enabled cyberattacks targeting human rights activists, journalists, and government officials,” Meta said in a statement, according to Al Jazeera. “We firmly believe that their operations violate US law and they must be held to account for their unlawful operations.”
WhatsApp sued NSO in 2019 for illegally accessing WhatsApp servers six months before to the installation of the Pegasus malware on victims’ phones, seeking an injunction and damages.
State actors allegedly employed Pegasus software to target Palestinian human rights activists, Thai democracy advocates, El Salvadorian media employees, and the close circle of murdered Saudi journalist Jamal Khashoggi in Saudi Arabia.
The US Department of Commerce blacklisted the corporation in 2021
The NSO Group has asserted that Pegasus assists law enforcement and intelligence organizations in combating criminal behavior and ensuring national security. According to the company, the technology is intended to catch “terrorists,” pedophiles, and criminals. The US Department of Commerce blacklisted the Israeli corporation in 2021 as a result of its role in “transnational repression,” limiting NSO Group’s access to US technology.
According to the corporation, which does not name its clients, only law enforcement organizations are entitled to purchase the device, and all sales are authorized by Israel’s Ministry of Defense. It further stated that it has no effect on how the technology is used once purchased.
On Monday, the Israeli business announced the Supreme Court’s decision, adding, “We are convinced that the court will decide that the use of Pegasus by its clients was legal.”
Apple, the iPhone’s manufacturer, also sued the NSO Group, alleging that the corporation broke into its products and breached the user terms and services agreement.
NSO employees have previously been referred to as “amoral 21st-century mercenaries” by Apple.
