NSO Group Appeals Pegasus Spyware Ban, Claims Ruling Threatens Company Closure
Israel’s NSO Group is attempting to overturn a ruling by a California federal court that ordered the company to cease using WhatsApp’s infrastructure to deliver its Pegasus spyware. The legal dispute has dragged on for several years and stems from a complaint filed after the messenger detected a large-scale attack on its users via a zero-click infection mechanism.
In October, Judge Phyllis Hamilton determined that WhatsApp’s infrastructure had been misused in a way that enabled the covert installation of surveillance software on the devices of roughly 1,500 individuals. The ruling states that NSO bypassed the messenger’s protective mechanisms and routed malicious traffic through its servers. This decision was followed by a formal injunction prohibiting NSO from using WhatsApp’s systems for deploying malware.
NSO Group is now seeking to have the ruling overturned and has already filed an appeal, arguing that the prohibition on interacting with WhatsApp’s infrastructure jeopardizes the company’s continued operations and could ultimately lead to its closure.
In support of its position, the developer maintains that a permanent injunction undermines the interests of government agencies, which rely on its tools for investigations, operational activities, and counterterrorism efforts.
NSO also contends that the court mischaracterized the functionality of Pegasus and incorrectly interpreted provisions of U.S. law governing unauthorized computer access—errors which, in the company’s view, influenced the final judgment.
WhatsApp, for its part, views the attempt to challenge the ruling as yet another effort to evade responsibility. A spokesperson for the platform reiterated that tampering with user communications and subverting message-exchange mechanisms violates U.S. law, and affirmed that the company will continue to pursue final confirmation of the ban in the appellate court.
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