US Supreme Court allows Meta’s WhatsApp to pursue lawsuit against ‘Pegasus’ spyware: Report

The US Supreme Court allowed WhatsApp, a messaging app owned by Meta Platforms Inc., to proceed with a lawsuit against Israel's NSO Group on Monday, claiming it installed spy software on 1,400 people, including journalists, human rights activists, and dissidents, by exploiting a bug.

“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, representing journalists in a separate lawsuit against NSO Group, said on Monday.

The appeal NSO made of a lower court's decision to allow the litigation to proceed was denied by the justices. Due to its role as an agent for undisclosed foreign governments when it installed the "Pegasus" spyware, NSO had contended that it was exempt from legal action.

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The administration of President Joe Biden had urged the court to dismiss NSO's appeal, pointing out that the US State Department has never in the past acknowledged a private organisation functioning as an agent of a foreign state as being entitled to immunity, Reuters reported. At the time when the Department of Justice argued that “NSO plainly is not entitled to immunity here.”

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On Monday, Meta, which also owns Facebook, applauded the Supreme Court for rejecting what it called a "baseless" petition.

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

Accusing NSO of illegally accessing WhatsApp servers six months prior to the installation of the Pegasus software on victims' mobiles, WhatsApp sued NSO in 2019 and sought an injunction and damages.

Pegasus malware was allegedly used by state actors to target Palestinian human rights campaigners, Thai democracy advocates, El Salvadorian media personnel, and the murdered Saudi journalist Jamal Khashoggi's close circle in Saudi Arabia.

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As a result of the Israeli company's involvement in "transnational repression," the US Department of Commerce blacklisted it in 2021, hampering NSO Group's access to US technology.

The NSO Group has maintained that Pegasus aids law enforcement and intelligence organisations in thwarting criminal activity and preserving national security. The technology is meant to nab "terrorists," paedophiles, and criminals, it said.

Only law enforcement organisations are permitted to purchase the item, according to the company, which does not name its clients, adding that all the sales are authorised by Israel's Ministry of Defense. It has no influence over how the technology is used once it has been purchased, it further said.

The Israeli company issued a statement following the SC’s decision on Monday, saying, “We are confident that the court will determine that the use of Pegasus by its customers was legal.”

Apple, the manufacturer of the iPhone, also filed a lawsuit against the NSO Group, alleging that the company broke into its products and violated the user terms and services agreement.

Employees of NSO have previously been referred to as "amoral 21st-century mercenaries" by Apple.

(With inputs from agencies)

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