PanamaTimes

Monday, Jun 30, 2025

Top US court seeks Biden input on lawsuit against Israel’s NSO

Top US court seeks Biden input on lawsuit against Israel’s NSO

Supreme Court asks Justice Department to say whether spyware firm is immune from WhatsApp lawsuit over alleged hacking.

The United States Supreme Court wants the administration of President Joe Biden to weigh in on whether NSO Group has sovereign immunity from civil litigation in US courts to assess whether a lawsuit by WhatsApp against the Israeli spyware company can proceed.

NSO Group’s lawyers had argued that because the company’s product is used by foreign governments and law enforcement agencies, the firm is protected from civil lawsuits on US soil.

Last November, a US Court of Appeals dismissed NSO Group’s push to assert legal immunity, but on Monday the top US court asked the US Department of Justice to “file a brief in this case expressing the views of the United States”.

WhatsApp – owned by Meta Platforms (formerly Facebook) – is suing NSO Group over the alleged targeting of its servers in California with malware to gain unauthorised access to approximately 1,400 mobile devices in violation of US state and federal law.

The Israeli firm has sparked outrage from rights groups after a 2021 investigation by international media outlets revealed its Pegasus spyware was used by security forces and authoritarian governments in several countries.




Last year, the San Francisco-based Ninth Circuit Court of Appeals affirmed a lower court’s decision to allow WhatsApp’s lawsuit to proceed, stressing that NSO Group does not qualify for sovereign immunity even if its clients are foreign government agencies.

NSO claims that it should enjoy the immunity extended to sovereigns because it provides technology used for law-enforcement purposes and law enforcement is an inherently sovereign function,” Judge Danielle Forrest, who was appointed by ex-President Donald Trump, wrote in the ruling.

“Whatever NSO’s government customers do with its technology and services does not render NSO an ‘agency or instrumentality of a foreign state,’ as Congress has defined that term. Thus, NSO is not entitled to the protection of foreign sovereign immunity.”

NSO Group appealed the ruling to the Supreme Court. In a May filing to the top court, the firm’s lawyers called the appeals judges’ decision “dangerously wrong”.

“Precluding private entities from seeking common-law conduct-based immunity will not merely hinder foreign governments from contracting with private entities,” NSO Group’s lawyers wrote.

“It also will impede the United States’ ability to protect its national security, because the government relies heavily on private contractors to provide the technology and expertise necessary to defend the nation against foreign and domestic threats.”

In the original legal complaint, WhatsApp accused the Israeli firm of breaching its terms of service and undermining the messaging platform’s “reputation, public trust and goodwill” with hacking activities.

Last year, the Biden administration sanctioned NSO Group – adding it to the “Entity List” of companies considered to be engaged in activities contrary to US foreign policy and national security – after accusing it of enabling “transnational repression” with its spyware.

WhatsApp’s lawyers cited the sanctions in a filing to the Supreme Court earlier this year, urging the justices to disregard the Israeli firm’s request for reviewing the lower court’s decision.

“The United States has determined that NSO’s spyware activities — the very type of activities for which NSO seeks immunity — are contrary to US national-security and foreign-policy interests, and has therefore added NSO to its Entity List restricting the export, reexport, and transfer of covered entities’ items,” WhatsApp’s lawyers wrote.

“Even if private entities were eligible for common-law foreign sovereign immunity (they are not), a company on the Entity List would have no plausible claim to such immunity.”




NSO Group has regularly denied allegations of enabling human rights abuses, saying that its spyware, which is licenced by the Israeli government, is meant to track criminals and “terrorists”.

Last year, it also dismissed the findings of the investigation into Pegasus, which was based on a major data leak, as “uncorroborated theories”.

But rights groups, including Amnesty International, have accused the group of flouting its “human rights responsibilities”, calling on the Israeli government to revoke the firm’s permits.

Comments

Ken 3 year ago
The small hats were the ones that owned the slave ships bringing blacks from Africa to the United States, I find it strange that the blacks hate the Asian people and not the small hat people. There are some good articles written about the ports on the east coast that were used and the high percentage of blacks that died on route, but the males were chained up in the bottom of the boat for mobths at a time. The woman and kids were allowed up on deck. Laying in excrement for months on end would make me hate the ship owners and slave sellers. But maybe that's just me E
E. 3 year ago
Just to remind you that without those people with the small hat the United States would have been the poorest country in the world. 70% of the US economy is thanks to the people with the small hat. So it's true that their success is enviable for those who fail and hate others instead of improving themselves, but the small hat people supports hundreds of millions of people in the United States and that's what matters.

Get a life. Be better instead of spreading hate against people who support you and your economy.
(and by the way - what NSO is doing is done by your government, against the law and against the constitution, so why the fire is pointing only against NSO and not any privacy-violation?)
Ken 3 year ago
Just kick all small hat people and their businesses out of the country. The USA does not need the money changers

Newsletter

Related Articles

PanamaTimes
0:00
0:00
Close
OpenAI Secures Multimillion-Dollar AI Contracts with Pentagon, India, and Grab
Brazilian Congress Rejects Lula's Proposed Tax Increase on Financial Transactions
Landslide in Bello, Colombia, Results in Multiple Casualties
Papa Johns pizza surge near the Pentagon tipped off social media before Trump's decisive Iran strike
Juncker Criticizes EU Inaction on Trump Tariffs
Minnesota Lawmaker Melissa Hortman and Husband Killed in Targeted Attack; Senator John Hoffman and Wife Injured
Wreck of $17 Billion San José Galleon Identified Off Colombia After 300 Years
Sole Survivor of Air India Crash Recounts Escape
Coinbase CEO Warns Bitcoin Could Supplant US Dollar Amid Mounting National Debt
UK and EU Reach Agreement on Gibraltar's Schengen Integration
Israeli Finance Minister Imposes Banking Penalties on Palestinians
U.S. Inflation Rises to 2.4% in May Amid Trade Tensions
Trump's Policies Prompt Decline in Chinese Student Enrollment in U.S.
Global Oceans Near Record Temperatures as CO₂ Levels Climb
Trump Announces U.S.-China Trade Deal Covering Rare Earths
Smuggled U.S. Fuel Funds Mexican Cartels Amid Crackdown
Protests Erupt in Los Angeles with Symbolic Flag Burning
Trump Administration Issues New Travel Ban Targeting 12 Countries
Man Group Mandates Full-Time Office Return for Quantitative Analysts
JPMorgan Warns Analysts Against Accepting Future-Dated Job Offers
Builder.ai Faces Legal Scrutiny Amid Financial Misreporting Allegations
Japan Grapples with Rice Shortage Amid Soaring Prices
Goldman Sachs Reduces Risk Exposure Amid Market Volatility
HSBC Chairman Mark Tucker to Return to AIA as Non-Executive Chair
Israel Confirms Arming Gaza Clan to Counter Hamas Influence
Judge Blocks Trump's Ban on International Students at Harvard
Trump Proposes Travel Ban on 'Uncontrolled' Countries
Panama Port Owner Balances US-China Pressures
Trump Administration Accused of Obstructing Deportation Cases
Trump’s China Strategy Remains a Geopolitical Puzzle
Eurozone Inflation Falls Below ECB Target to 1.9%
Call for a New Chapter in Globalisation Emerges
Blackstone and Rivals Diverge on Private Equity Strategy
Mayor’s Security Officer Implicated | Shocking New Details Emerge in NYC Kidnapping Case
Bangkok Ranked World's Top City for Remote Work in 2025
Denmark Increases Retirement Age to 70, Setting a European Precedent
Netanyahu Accuses Western Leaders of 'Emboldening Hamas'
Escalating Trade Tensions and Market Reactions
OnlyFans Reportedly in Talks for $8 Billion Sale
JBS Gains Shareholder Approval for U.S. Stock Listing
Booz Allen Hamilton to Cut 2,500 Jobs Amid Federal Spending Reductions
Trump Signs Executive Orders to Accelerate Nuclear Energy Development
Harvard Temporarily Blocks Trump Administration's International Student Ban
Nippon Steel Forms Partnership with U.S. Steel, Headquarters to Remain in Pittsburgh
Trump Expands Tariff Threats to Apple and Samsung Devices
Oracle and OpenAI Plan $40 Billion Nvidia Chip Purchase for AI Data Center
Trump Threatens 50% Tariff on EU Goods, Markets React
The Daily Debate: The Fall of the Dollar — Strategic Reset or Economic Self-Destruction?
Former FBI Director James Comey Questioned by Secret Service Over Social Media Post
Mexican Influencer Valeria Márquez Killed During Livestream in Suspected Femicide
×