Federal Court Greenlights WhatsApp’s Landmark Lawsuit Against NSO Group
In a significant legal development, a U.S. federal court has ruled that WhatsApp and parent company Facebook can proceed with their lawsuit against Israeli surveillance firm NSO Group. The decision, handed down by Chief Judge Phyllis Hamilton of the Northern District of California, rejects most of NSO Group’s arguments to dismiss the case.
The Core Allegations
WhatsApp’s lawsuit centers on explosive claims that NSO Group:
- Exploited a critical vulnerability in WhatsApp’s audio-calling feature
- Deployed sophisticated malware to approximately 1,400 devices
- Targeted high-profile individuals including journalists, activists, and government officials
According to court documents, the alleged attacks occurred in 2019 using NSO’s Pegasus spyware, which reportedly can:
- Extract sensitive data including messages and contacts
- Monitor browser history and device activity
- Provide surveillance capabilities to government clients
Key Legal Arguments
NSO Group attempted to dismiss the case by claiming:
- Sovereign Immunity: Argued its work for foreign governments granted legal protection
- Jurisdictional Issues: Contested whether U.S. courts had proper authority
Judge Hamilton’s ruling determined that:
“NSO Group failed to qualify for sovereign immunity as it’s not a U.S. entity”
Reactions from Both Sides
WhatsApp’s Statement: “We’re pleased with the Court’s decision to allow our claims about NSO’s unlawful conduct to move forward. This ruling ensures we can obtain crucial documents about NSO’s practices.”
NSO Group’s Response: “Our legal team is reviewing the decision. Our technology saves lives by preventing terror and crime worldwide, and we maintain our conduct is lawful.”
Why This Case Matters
This landmark decision:
- Sets potential precedents for tech company lawsuits against surveillance firms
- Highlights growing concerns about commercial spyware
- Could influence how courts handle similar cases involving foreign entities
The case continues to unfold as digital privacy advocates closely monitor its implications for cybersecurity and international law.
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