A Northern California federal judge denied WhatsApp's motion to hold NSO Group, maker of Pegasus spyware, in contempt. WhatsApp alleged NSO Group continued to target its users with spyware, violating a 2020 injunction that prohibited NSO from using WhatsApp's infrastructure for snooping attacks.
Judge Phyllis Hamilton ruled that WhatsApp did not provide "clear and convincing evidence" of NSO Group's alleged misbehavior. WhatsApp's evidence relied on testimony from a Meta security engineer, Andrew Blaich, who identified new accounts with technical and behavioral signatures linked to NSO testing. However, WhatsApp chose to limit the detail of this evidence to protect its detection methods.
In 2020, Judge Hamilton issued an injunction against NSO Group and fined it $4.4 million. This ruling agreed with WhatsApp that NSO Group had improperly used its infrastructure to target and infect users' devices with spyware. Despite winning that overall case, WhatsApp's recent contempt bid was unsuccessful due to evidentiary shortcomings.
WhatsApp expressed concerns that providing specific details about its detection methods could benefit spyware companies like NSO Group in the future. This stance is similar to Apple's decision in September 2024 to drop a suit against NSO, citing risks of exposing "vital security information." Digital freedom advocates have also voiced concerns that forcing WhatsApp to reveal its tracking protocols could be counterproductive.
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A Northern California federal judge denied WhatsApp's request to hold NSO Group in contempt for allegedly targeting users with spyware after a 2020 injunction. The court ruled WhatsApp did not provide sufficient evidence to prove NSO Group violated the injunction, despite previous findings that NSO abused WhatsApp's infrastructure.