A US court on Friday held in favour of tech giant WhatsApp in a lawsuit accusing Israel’s NSO Group Technologies Ltd of exploiting a bug in the messaging app to install spy software that allowed unauthorised surveillance.

US District Judge Phyllis Hamilton in Oakland, California, granted a motion by WhatsApp and found NSO liable for hacking and breach of contract.

According to the court document, “WhatsApp filed this lawsuit, alleging that defendants sent malware, using WhatsApp’s system, to approximately 1,400 mobile phones and devices designed to infect those devices to surveil the users of those phones and devices.” 

The targets included journalists, human rights activists and dissidents. Among the 1,400 mobile phones that were infected, 300 were of Indian users.

The complaint alleged four causes of action:

1) Violation of the Computer Fraud and Abuse Act 

2) Violation of the California Comprehensive Computer Data Access and Fraud Act

3) Breach of contract

4) Trespass to chattels

Hamilton found that WhatsApp was entitled to sanctions against NSO for its refusal to turn over source code for the software in discovery, with the penalty to be determined later. She ruled that with the underlying legal issues settled, the case should proceed to trial only to determine how much NSO should pay in civil damages, according to The Washington Post.

As per a court document, NSO Group said that its software, called ‘Pegasus’, enables their clients to use a modified version of WhatsApp, termed the ‘WhatsApp Installation Server’ (WIS). 

The WIS allows clients to send ‘cipher’ files containing ‘installation vectors’ to surveil target users. 

However, WhatsApp alleges this conduct violates the Computer Fraud and Abuse Act (CFAA), and the California Data Access and Fraud Act (CDAFA), and constitutes a breach of contract.

WhatsApp’s victory marks one of the most significant legal triumphs against an industry that has become a focal point in global debates over government surveillance powers and individual rights.

While the US government has sanctioned NSO and several other entities for actions deemed contrary to U interests, most American allies have been hesitant to take similar measures.

Meanwhile, Congress general secretary Randeep Surjewala on Sunday asked if the Supreme Court will now order further inquiry into the alleged use of the software to illegally hack the devices.

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