Israel secretly installed Pegasus on WhatsApp to spy on journalists and dissidents, finds US court

In a significant development in favour of Meta Platforms' WhatsApp, a US court found Israeli tech firm NSO Group liable for hacking the devices of 1,400 messaging app users, allowing unathorised surveillance. The developments comes months after an investigation suggested that Pegasus software was used to spy on many Indians, including journalists, politicians, Opposition leaders.

In 2021, New Delhi was accused of using Pegasus spyware to surveil journalists, opposition politicians and activists, with leaked documents showing the spyware had been used against more than 1,000 Indian phone numbers. Congress MP Rahul Gandhi was among those targeted.

The NSO Group is accused of exploiting a bug in the messaging app to install spy software allowing unauthorised surveillance. US District Judge Phyllis Hamilton in Oakland, California, granted a motion by WhatsApp and found NSO liable for hacking and breach of contract.

The case will now proceed to a trial only on the issue of damages. The NSO Group did not immediately respond to an emailed request for comment.

‘ILLEGAL SPYING WILL NOT BE TOLERATED’

Will Cathcart, the head of WhatsApp, said the ruling is a win for privacy. “We spent five years presenting our case because we firmly believe that spyware companies could not hide behind immunity or avoid accountability for their unlawful actions,” Will Cathcart said in a social media post.

"Surveillance companies should be on notice that illegal spying will not be tolerated."

Another WhatsApp spokesperson said they were grateful for the decision. “We’re proud to have stood up against NSO and thankful to the many organizations that were supportive of this case. WhatsApp will never stop working to protect people’s private communication,” he said.

THE WHATSAPP-NSO CASE

In 2019, WhatsApp sued NSO Group, accusing it of accessing WhatsApp servers without permission to install Pegasus software on many individuals' mobile phones. WhatsApp also sought an injunction and damages.

The lawsuit alleged the intrusion allowed spying on as many as 1,400 people, including journalists, human rights activists and dissidents.

NSO DOWNPLAYS INVOLVEMENT IN SPYING

Downplaying its involvement, the NSO has always argued that spy software Pegasus helps law enforcement and intelligence agencies fight crime and protect national security and that its technology is intended to help catch terrorists, pedophiles and hardened criminals.

NSO appealed a trial judge's 2020 refusal to award it “conduct-based immunity,” a common law doctrine protecting foreign officials acting in their official capacity.

(With agency inputs)