Israeli spyware developer NSO Group has been ordered by an American court to provide the source code of its Pegasus product to WhatsApp. The verdict marks the culmination of a legal battle that began in 2019 after NSO Group was accused of using Pegasus to spy on 1,400 messaging app users over a two-week period.
Pegasus is more than just spyware. It is a high-tech spying tool that, when successfully deployed, allows unlimited access to users' personal information, including phone conversations, emails, photos, location and even encrypted messages, without the victims' knowledge.
In her decision, Judge Phyllis Hamilton rejected NSO Group's arguments that US and Israeli restrictions prevented WhatsApp from meeting data requirements. She stressed that the company must provide all relevant spyware used in the year before and after the specified two-week period during which WhatsApp users were attacked.
The court's decision also included an obligation on NSO Group to provide full information about the functionality of the spyware, although the company was allowed not to disclose the names of its clients or information about its server architecture. The decision was a significant step in protecting WhatsApp users from illegal attacks and underscored that spyware makers cannot ignore the law.
“This court decision is an important milestone in achieving our long-standing goal of protecting WhatsApp users from illegal attacks. Spy companies and other bad actors must understand that they can be caught and will not be able to ignore the law,” a WhatsApp spokesperson said.
The sale of Pegasus to governments and its use to persecute dissidents, journalists and activists has sparked international outrage. While NSO does not disclose the names of its clients, studies and media reports in recent years have cited Poland, Saudi Arabia, Rwanda, India, Hungary and the United Arab Emirates as countries that have previously used the technology.
NSO Group says its software helps law enforcement and intelligence agencies fight terrorism and crime. However, the proliferation and abuse of such tools threaten civil liberties and, at times, national security.
The Biden administration blacklisted NSO Group in 2021, accusing the company of actions contrary to US foreign policy and national interests. The new White House policy, unveiled in early February, would impose global visa restrictions on individuals involved in the abuse of commercial spyware, including in the European Union (EU) and Israel.
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