“The spyware maker has argued that it isn’t liable because Pegasus was operated by clients investigating crimes and cases of national security but the judge rejected those arguments, which could establish a precedent for other companies in the same business.”
WhatsApp sued in 2019 and it took five years to get a liability ruling. NSO’s defence was that its government clients pulled the trigger, so NSO’s hands were clean. The judge found it liable under the Computer Fraud and Abuse Act, California’s computer crime law and breach of contract. The trial now covers damages only, and every spyware vendor using the same alibi just lost it.