The court just handed @WhatsApp a major win in the case against NSO Group ⚖️🎉
NSO was found liable under federal #CFAA & state law for #Pegasus hacking through WhatsApp's servers.
As a lawyer working on surveillance, let me break down the ruling🧵 1/
NSO was found liable under federal #CFAA & state law for #Pegasus hacking through WhatsApp's servers.
As a lawyer working on surveillance, let me break down the ruling🧵 1/
2/ First, Court rules that NSO violated the Computer Fraud & Abuse Act by sending messages through WhatsApp servers to hack users w/ Pegasus.
NSO argued that because they had WhatsApp accounts, they were authorized to use them as they wanted (incl. hacking). Court did not buy it
NSO argued that because they had WhatsApp accounts, they were authorized to use them as they wanted (incl. hacking). Court did not buy it
3/ Second, Court found that NSO violated CDAFA. It is similar to CFAA but requires that defendant specifically targets CA servers.
As NSO failed to provide Pegasus source code relevant to establishing this claim, the court ruled in favor of WhatsApp as an evidentiary sanction.
As NSO failed to provide Pegasus source code relevant to establishing this claim, the court ruled in favor of WhatsApp as an evidentiary sanction.
4/ Third, Court ruled that NSO breached the contract w/ WhatsApp by violating Terms of Service.
WhatsApp’s ToS prohibit, among other things, sending harmful code, collecting users' info & using the app for illegal purposes.
Which is exactly what NSO did through Pegasus hacking
WhatsApp’s ToS prohibit, among other things, sending harmful code, collecting users' info & using the app for illegal purposes.
Which is exactly what NSO did through Pegasus hacking
5/ Since the court found NSO liable, all that remains to be decided at trial is how much should NSO pay to WhatsApp - the damages.
The WhatsApp v NSO Jury Trial is scheduled to begin on March 3, 2025 at 8:30am in Oakland, CA.
This will be a case to watch!
The WhatsApp v NSO Jury Trial is scheduled to begin on March 3, 2025 at 8:30am in Oakland, CA.
This will be a case to watch!
6/ So will the Pegasus victims get the damages from NSO?
Well, this lawsuit was only between WhastApp and NSO.
But it promises to have a big impact on other cases brought against spyware companies. And it validates so many victims' experiences...
Well, this lawsuit was only between WhastApp and NSO.
But it promises to have a big impact on other cases brought against spyware companies. And it validates so many victims' experiences...
7/ We @accessnow & partners w/help from @FarellaBraun submitted amicus brief during the appeal stage.
Our brief featured testimonies of courageous #Pegasus targets from #Morocco, #India, #Rwanda & #Togo
This win also belongs to them & other victims
accessnow.org/press-release/…
Our brief featured testimonies of courageous #Pegasus targets from #Morocco, #India, #Rwanda & #Togo
This win also belongs to them & other victims
accessnow.org/press-release/…
@accessnow @FarellaBraun @AmnestyTech @privacyint @R3Dmx @pressfreedom @RSF_inter @internetfreedom @ParadigmHQ 8/ The wheels of justice are slow, but the period of impunity for spyware purveyors & abusers is winding down & I believe they will face justice for undermining our security & human rights.
Read more by @SuzanneMSmalley from @TheRecord_Media
therecord.media/judge-rules-ns…
Read more by @SuzanneMSmalley from @TheRecord_Media
therecord.media/judge-rules-ns…
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