PanamaTimes

Wednesday, Feb 05, 2025

WhatsApp’s Pegasus spyware lawsuit can go ahead: US top court

WhatsApp’s Pegasus spyware lawsuit can go ahead: US top court

Israeli firm NSO Group’s spyware has been linked to state surveillance of human rights activists and dissidents.


The United States Supreme Court has allowed the WhatsApp messaging platform to pursue a lawsuit against Israel’s NSO Group, which makes the Pegasus spyware linked to state surveillance of journalists, human rights advocates and dissidents around the world.

The top court’s justices on Monday left in place lower court rulings against the Israeli company, which had argued it should be recognised as a foreign government agent and, therefore, be entitled to immunity under US law limiting lawsuits against foreign countries.

WhatsApp, which is owned by Meta and is among a number of tech companies and individuals pursuing legal action against the Israeli firm, has alleged that NSO Group surveilled about 1,400 people through the messaging platform.

The company’s 2019 lawsuit seeks to block the NSO Group from Meta platforms and servers and recover unspecified damages.

Meta, which owns both WhatsApp and Facebook, on Monday welcomed the Supreme Court’s decision to deny what it called a “baseless” appeal.

NSO’s spyware has enabled cyberattacks targeting human rights activists, journalists and government officials,” Meta said in a statement. “We firmly believe that their operations violate US law and they must be held to account for their unlawful operations.”



The administration of President Joe Biden had previously recommended that the court turn away the appeal, with the Department of Justice arguing that “NSO plainly is not entitled to immunity here”.

The US Department of Commerce in 2021 blacklisted the Israeli firm for complicity in “transnational repression”, a move that limited NSO Group’s access to US technology.

WhatsApp has alleged that at least 100 of the targeted users connected to its lawsuit were journalists, rights activists and civil society members.

An investigation published in 2021 by 17 media organisations, led by the Paris-based non-profit journalism group Forbidden Stories, found that the spyware had been used in attempted and successful hacks of smartphones belonging to journalists, government officials and human rights activists on a global scale.

Palestinian rights workers, Thai democracy activists, El Salvador media workers and the inner circle of murdered Saudi journalist Jamal Khashoggi were allegedly among those targeted by state actors using Pegasus spyware.

“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 at the Knight First Amendment Institute who is representing journalists in a separate lawsuit against NSO Group, said on Monday.


For its part, the NSO Group has argued that Pegasus helps law enforcement and intelligence agencies fight crime and protect national security. It has said the technology is intended to help catch “terrorists”, paedophiles and criminals.

The firm, which does not disclose its clients, has maintained that only law enforcement agencies can purchase the product and all sales are approved by Israel’s Ministry of Defense. It has said it does not have control of how the technology is used after it is sold.

After Monday’s ruling, the Israeli company said in a statement: “We are confident that the court will determine that the use of Pegasus by its customers was legal.”

The NSO Group also is being sued by iPhone maker Apple, which has accused the firm of violating its user terms and services agreement by breaking into its products.

Apple has previously called NSO’s employees “amoral 21st century mercenaries”.
Newsletter

Related Articles

PanamaTimes
0:00
0:00
Close
The Trump administration is considering El Salvador's proposal to accommodate U.S. prisoners.
Trump Wins Again as Canada Agrees to Strengthen Border Security
Wall Street Journal Criticizes Trump's Trade War with Canada and Mexico
Trump Freezes Tariffs on Mexico After Agreement on Border Security
Nearly 96% of New Cars Registered in Norway in January Were Electric
Marco Rubio Urges Panama to Limit Chinese Influence Amid Canal Dispute
Apple Surpasses Revenue and Earnings Expectations, But iPhone Sales Disappoint
Bill Gates Reflects on Past Mistakes and Acknowledges Yuval Noah Harari's Insight
Trump Imposes Emergency Tariffs on Colombia Following Immigration Dispute
Musk and X Intensify Legal Battle Over Advertising Boycott, Suing Nestlé, LEGO, and Shell
Trump: Canada Should Become the 51st U.S. State
U.S. President Trump Asserts Intent to Reclaim Panama Canal Amid Rising Geopolitical Tensions
Panama Rules Out Negotiations With US Over Control of Canal
The 'Chinese Pearl Harbor' on U.S. Tech: DeepSeek's Launch Triggers Market Collapse
Key Takeaways from the 2025 World Economic Forum in Davos
The Trump Era 2: A Time of Dramatic and Profound Change
Five Billionaires on Track to Break One Trillion Dollar Wealth Barrier
Bill Ackman Praises Social Media Platform X as 'The New Media'
California Wildfires Set to Become Costliest in U.S. History
Chief Justice Roberts Warns Against Threats to Judicial Independence
Generation Z Faces Scrutiny Over Workplace Readiness
Democrats Call on Biden to Protect Controversial Temporary Protected Status Program
Trinidad and Tobago Declares State of Emergency as Murder Rates Surge
Migrant Children Abandoned at U.S.-Mexico Border
The Closure of the Global Engagement Center: Controversy, Claims, and Conclusions
The American Democrats Party Strives to Rise from the Ashes
Trump Nominates Kevin Marino Cabrera as Ambassador to Panama Amid Canal Dispute
Texas Congresswoman Kay Granger Located in Nursing Home Following Six Months of Inactivity
A large group of unauthorized migrants is traveling through Mexico with the aim of reaching the USA before Trump assumes office.
A Democrat Congresswoman with blue and black hair is having a breakdown over "President Musk."
Argentina Defies Predictions with Record $17 Billion Trade Surplus, But Is the Growth Sustainable?
Disney's High Seas Gamble: Navigating the Waters of Cruise Expansion
The Surprising Impact of Extreme Heat on Mexico's Youth
Polarization: The Word That Unites a Divided Era
Exoneration in the Subway: The Complexities of Self-Defense and Public Safety
The Tragic Passing of UnitedHealthcare CEO Highlights Corporate Security Challenges
Global Developments: Violence in Sinaloa, Political Chaos in the Bahamas, Venezuelan Voting Disputes, and a Major UK Drug Bust
OpenAI and Anduril: Charting AI's Path in Modern Warfare
The Pardon of Hunter Biden: A Symbol of Hypocrisy
Biden Crafted the Strategy Used by Trump
South Korea's Democracy Tested: President Yoon’s Martial Law Reversal Sparks Political Reckoning
Seoul Crisis: Yoon Suk Yeol's Martial Law Blunder Triggers Political Upheaval
Generative AI's Limited Impact on Elections Highlighted by Meta
France at the Precipice: Barnier’s Administration Confronts Unprecedented No-Confidence Vote
Jaguar Unveils Electric Concept Car, Type 00
White House Defends Presidential Pardon of Hunter Biden
xAI by Elon Musk: Transforming Ambition with a $50 Billion Valuation
President-elect Donald Trump, has announced on Truth Social that Kashyap "Kash" Patel, will be the next Director of the FBI
A Historic Milestone or Risky Precedent? The Assisted Dying Bill Splits both Parliament and the Nation in England and Wales
Trump's Tariff Threat Looms Large as Trudeau Heads to Mar-a-Lago for Talks
×