Spyware maker NSO Group cannot use its government clients to shield itself from litigation, a US appeals court ruled on Monday, a decision that allows WhatsApp’s lawsuit against the Israel-based firm to resume.
In 2019, Facebook and its WhatsApp subsidiary sued NSO claiming the firm’s intrusion software, known as Pegasus, was used to unlawfully compromise the accounts of WhatsApp customers.
NSO denies any wrongdoing. While WhatsApp claimed members of civil society had their phones infiltrated by Pegasus, NSO insisted it only sold its software to “licensed government intelligence and law enforcement agencies to help them fight terrorism and serious crime,” and that using its software to surveil political opponents, advocacy groups, and journalists is contractually prohibited.
“Whatever NSO’s government customers do with its technology and services does not render NSO an ‘agency or instrumentality of a foreign state,’ as Congress has defined that term,” the appeals panel said. “Thus, NSO is not entitled to the protection of foreign sovereign immunity.”
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Yes companies cannot just shield themselves from wrongdoing behind governments. You need to take accountability for what you create and make available.
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Problem is holding governments to any account is more difficult as technically they get to decide the rules in their country… Imagine a company selling a tool like this to say the USA’s NSA where they sign the contract to say they won’t use it to spy on activists, political opponents, etc. The question will be whether that was maybe reckless or negligent. And true you can’t really declare it can’t be used against “terrorists” as terrorists in one country, are freedom fighters in a another country.
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What is the point of this? They just want to fool people and create some other new Israeli borg or change names. NSO is not alone, Candiru, Cellebrite and many others exist there. NSO has just attracted too many bees around it, so they will throw it in fire now to look good, despite USA fueling its vassal state Israel for the dirty cyber warfare work.
Same point as any company or individual being taken to court - serves as a deterrent to them and others. Doing nothing is less likely to achieve anything.
