NSO Group Requests Stay From Ninth Circuit Over Claims It Hacked WhatsApp Users

NSO Group Spying Immunity Lawsuit Overview: 

• Who: NSO Group has asked a Ninth Circuit to pause its decision not to grant it immunity from a lawsuit filed by WhatsApp and Facebook. 
• Why: WhatsApp and Facebook claim NSO used software to hack the phones of its users to spy on journalists, political dissidents and human rights lawyers.
• Where: The lawsuit is currently in the U.S Court of Appeals for the Ninth Circuit.

NSO Group has asked the Ninth Circuit to pause its decision to not grant it immunity for allegedly hacking into 1,400 WhatsApp user’s phones with the Israeli spyware maker saying it plans to take an appeal of the panel’s ruling to the U.S. Supreme Court. 

WhatsApp, along with its parent company Facebook, have accused NSO of spying on journalists, political dissidents and human rights lawyers using malware in breach of U.S. computer crime law. 

The Ninth Circuit ruled in November that NSO must face the accusations and doubled down on its decision last week by refusing to revisit the issue, Law360 reports. 

NSO is now arguing that a stay is necessary so it won’t have to continue litigating while the Supreme Court decides whether or not it — as a private company — is entitled to immunity under the Foreign Sovereign Immunities Act. 

“That would effectively deprive NSO of the immunity to which it claims to be entitled by imposing the ‘burdens of litigation’ that sovereign immunity is designed to avoid,” NSO said. “Preventing that result creates ‘good cause for a stay.'”

Previous Request For Immunity Denied In July 2020

A federal judge denied NSO’s previous attempt at immunity from the allegations in July 2020, Law360 reports. 

NSO has argued that the Ninth Circuit’s decision to rule against them receiving immunity contradicts with other circuit court decisions and undermines sovereign nations from being able to “employ private contractors to assist in performing sovereign activities.” 

Further, the surveillance software firm claims the decision sets a precedent that “could expose the United States’ tens of thousands of contractors to lawsuits in foreign courts for conduct undertaken on behalf of the United States.” 

WhatsApp and Facebook filed a complaint against NSO back in 2019, claiming the company used its surveillance software to hack the phones of at least 1,400 users on behalf of countries including Mexico, the United Arab Emirates and the Kingdom of Bahrain, Law360 reports.

Last February, WhatsApp decided to move forward on enacting new policies widening its ability to share data amidst pushback from consumers with privacy concerns. 

Do you believe NSO should be granted immunity from the allegations made by Facebook and WhatsApp? Let us know in the comments! 

WhatsApp and Facebook are represented by Michael R. Dreeben and Yaira Dubin of O’Melveny & Myers LLP.

The NSO Group Spying Immunity Lawsuit is WhatsApp Inc., et al. v. NSO Group Technologies Ltd., et al., Case No. 20-16408, in the U.S. Court of Appeals for the Ninth Circuit.

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