US Supreme Court Orders NSO Group to Share Pegasus Spyware Source Code with WhatsApp in Legal Battle

6 months ago 1329

The Israeli developer behind Pegasus, NSO Group, has been ordered by the US Supreme Court to share the source code of its spyware with WhatsApp. This decision comes as WhatsApp aims to demonstrate that Pegasus was used to infect the devices of WhatsApp users.

In a document linked here, the Supreme Court of the United States argues that NSO Group shared the source code of all pertinent spyware with WhatsApp between April 29, 2018, and May 10, 2020. WhatsApp claims that Pegasus was utilized during this timeframe to compromise the devices of 1400 users. In addition to the source code, NSO Group must provide information on the full capabilities of the spyware to Meta's subsidiary. WhatsApp intends to demonstrate that Pegasus can be tailored for various purposes, including intercepting data, capturing screenshots, and extracting browsing history.

WhatsApp initiated legal action against NSO Group in 2019, alleging that the Israeli company exploited a vulnerability in the messaging platform to send messages capable of executing malicious code on recipients' devices. NSO Group is said to have spied on conversations of 1400 users, including journalists, human rights activists, and government officials using Pegasus.

NSO Group has been contesting the case for years, recently attempting to claim immunity as an agent of foreign governments. However, this appeal was rejected in the past year. The company also sought to prevent the release of the source code, citing differences in US and Israeli legal restrictions. Despite these efforts, the Supreme Court ordered the release of the source code. WhatsApp's full access request, including details like the customer list and server architecture, was not granted.

A WhatsApp spokesperson hailed the court's decision as a significant step in the case. The actual trial against NSO Group is slated to commence in March 2025. The company faces similar lawsuits from other entities, with Apple seeking to prohibit NSO Group from using its hardware or software. Attempts by NSO Group to challenge this lawsuit were also unsuccessful.

In addition to legal action, human rights and privacy organizations, such as the Internet Freedom Foundation, Paradigm Initiative, Privacy International, Reporters Without Borders, and the Mexican R3D, have filed lawsuits against NSO Group in recent years over concerns related to its spyware.