NSO's legal difficulty grows as US Court rules WhatsApp lawsuit can proceed

The US Court of Appeals for the Ninth Circuit ruled on Monday that WhatsApp can move on with its lawsuit against the Israeli firm NSO over allegations that their spyware was used to hack 1,400 WhatsApp users, as per the reports of The Guardian. It also implies that, as the case progresses, the firm will be required to respond to discovery requests. This could lead to additional revelations about who NSO's government clients are, how its technology works, and the method for deploying Pegasus, NSO's hallmark spyware against mobile phone users.

Spyware allows the user to take entire control of anyone's phone, including viewing texts and intercepting phone calls. In 2019, WhatsApp accused NSO of delivering malware to 1,400 users via its servers. According to WhatsApp, roughly 100 of the people targeted were members of civil society, including journalists and activists. WhatsApp's chief executive, Will Cathcart, stated in a recent interview with the British news website that it targeted senior government officials around the world, particularly people in high-ranking national security posts who are allies of the US.

NSO claims that it was operating as a "foreign agent"

However, NSO claims that when spyware was utilised against WhatsApp users, it was operating as a "foreign agent," because its software is employed by foreign governments to combat crime. According to the British news outlet, NSO also stated that it was looking for the same kind of protection that a foreign government would get in a US court. This argument, however, was dismissed. The corporation has said that it has no knowledge of how its clients use its spyware or who they target.

After the ninth circuit's verdict, NSO might take the matter to the US Supreme Court, but it's unclear if the court would accept it or decide in its favour. According to the news outlet, Carl Woog, a spokesman for WhatsApp said that the company applauded the verdict, calling it a significant step in holding NSO accountable for its attacks against journalists, human rights defenders and government leaders He also said that the spyware industry must not be allowed to jeopardise people's privacy and security around the world.

NSO had been placed on a US Commerce Department blacklist

The court will now decide whether NSO should be held liable for the attacks, according to The Guardian. It was the second major setback for NSO in recent days, following the announcement on Friday by the Biden administration said that NSO has been placed on a US Commerce Department blacklist.

(Image: Unsplash/ AP)