The Spyware at the Heart of the Scandal
Pegasus has become synonymous with questionable practices in recent years, frequently mentioned in the media. This powerful spyware has enabled its users (often governments) to monitor journalists, activists, and even diplomats. In 2019, WhatsApp filed a lawsuit accusing NSO of using a flaw in its app to install Pegasus on targeted devices without the users’ knowledge.
According to investigations, NSO did more than just supply the tool; the company also directly oversaw the installation and data collection, contradicting its usual defense. NSO continues to claim that its tools are used for legitimate investigations into terrorism or criminal matters, but the court was not persuaded.
A Ruling That Could Change Everything
Judge Phyllis Hamilton of the Federal Court in California has issued a verdict that could set a precedent. She found that NSO had violated several U.S. cybersecurity laws, particularly the Computer Fraud and Abuse Act (CFAA). The company is also guilty of breaching WhatsApp’s terms of service.
For WhatsApp, this victory is more than symbolic. Will Cathcart, the head of the app, stated: This decision demonstrates that spyware companies cannot hide behind immunity or shirk their responsibilities.
Penalties for Lack of Cooperation
During the trial, NSO was uncooperative. The company failed to provide the complete source code of Pegasus, despite a clear court order.
In France, the Pegasus spyware has sparked significant controversy. In 2021, investigations revealed that French public figures, including journalists, lawyers, and government officials, were among the potential targets. Specifically, iPhones belonging to President Emmanuel Macron and former Prime Minister Édouard Philippe were identified on a list of potential targets selected by a Moroccan state security service using Pegasus.
These revelations led to diplomatic tensions between France and Morocco, with Paris seeking explanations from Rabat. Morocco denied these allegations and filed defamation lawsuits against the media and organizations that made these claims. The situation remains to be closely watched.
Implications for the Future
Regardless, this U.S. verdict could make other spyware companies reconsider their operations. If courts start holding manufacturers accountable for misuse of their tools, it could curb abuses. Unless the penalties imposed are not substantial enough to deter this lucrative activity, which remains a strong possibility.