07 June 2022

ISRAELI SPYWARE GROUP NSO: Back in the News

Intro:

News|Cybersecurity

Top US court seeks Biden input on lawsuit against Israel’s NSO

Supreme Court asks Justice Department to say whether spyware firm is immune from WhatsApp lawsuit over alleged hacking.

NSO group

The administration of US President Joe Biden imposed sanctions on NSO Group last year

[File: Sebastian Scheiner/AP Photo]

"The United States Supreme Court wants the administration of President Joe Biden to weigh in on whether NSO Group has sovereign immunity from civil litigation in US courts to assess whether a lawsuit by WhatsApp against the Israeli spyware company can proceed.

NSO Group’s lawyers had argued that because the company’s product is used by foreign governments and law enforcement agencies, the firm is protected from civil lawsuits on US soil.

Last November, a US Court of Appeals dismissed NSO Group’s push to assert legal immunity, but on Monday the top US court asked the US Department of Justice to “file a brief in this case expressing the views of the United States”.

Amnesty, research groups map out global reach of Israeli NSO Group's  spyware | The Times of Israel

WhatsApp – owned by Meta Platforms (formerly Facebook) – is suing NSO Group over the alleged targeting of its servers in California with malware to gain unauthorised access to approximately 1,400 mobile devices in violation of US state and federal law.

The Israeli firm has sparked outrage from rights groups after a 2021 investigation by international media outlets revealed its Pegasus spyware was used by security forces and authoritarian governments in several countries.

Last year, the San Francisco-based Ninth Circuit Court of Appeals affirmed a lower court’s decision to allow WhatsApp’s lawsuit to proceed, stressing that NSO Group does not qualify for sovereign immunity even if its clients are foreign government agencies.

“NSO claims that it should enjoy the immunity extended to sovereigns because it provides technology used for law-enforcement purposes and law enforcement is an inherently sovereign function,” Judge Danielle Forrest, who was appointed by ex-President Donald Trump, wrote in the ruling.

“Whatever NSO’s government customers do with its technology and services does not render NSO an ‘agency or instrumentality of a foreign state,’ as Congress has defined that term. Thus, NSO is not entitled to the protection of foreign sovereign immunity.”

NSO Group appealed the ruling to the Supreme Court. In a May filing to the top court, the firm’s lawyers called the appeals judges’ decision “dangerously wrong”.

“Precluding private entities from seeking common-law conduct-based immunity will not merely hinder foreign governments from contracting with private entities,” NSO Group’s lawyers wrote.

“It also will impede the United States’ ability to protect its national security, because the government relies heavily on private contractors to provide the technology and expertise necessary to defend the nation against foreign and domestic threats.”

In the original legal complaint, WhatsApp accused the Israeli firm of breaching its terms of service and undermining the messaging platform’s “reputation, public trust and goodwill” with hacking activities.

Last year, the Biden administration sanctioned NSO Group – adding it to the “Entity List” of companies considered to be engaged in activities contrary to US foreign policy and national security – after accusing it of enabling “transnational repression” with its spyware.

WhatsApp’s lawyers cited the sanctions in a filing to the Supreme Court earlier this year, urging the justices to disregard the Israeli firm’s request for reviewing the lower court’s decision.

“The United States has determined that NSO’s spyware activities — the very type of activities for which NSO seeks immunity — are contrary to US national-security and foreign-policy interests, and has therefore added NSO to its Entity List restricting the export, reexport, and transfer of covered entities’ items,” WhatsApp’s lawyers wrote.

“Even if private entities were eligible for common-law foreign sovereign immunity (they are not), a company on the Entity List would have no plausible claim to such immunity.”

NSO Group has regularly denied allegations of enabling human rights abuses, saying that its spyware, which is licenced by the Israeli government, is meant to track criminals and “terrorists”.

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Source: https://www.aljazeera.com/news/2022/6/6/top-us-court-seeks-biden-input-on-lawsuit-against-israels-nso 

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RELATED CONTENT ON THIS BLOG GOING BACK TO 2017
PEGASUS SPYWARE / Cyber Espionage Tool > The Ultimate Spyware
An Opinion Piece in the New York Times caught your MesaZona blogger's eye today.
What Poses a Greater Privacy Threat Than Facebook? Spyware
WhatsApp’s lawsuit against the spyware company NSO Group is a smart move for Facebook and an important defense of privacy and civil liberties.
A lawsuit that is a genuine step forward for drawing attention to the spyware market and the need for stricter regulation of private surveillance companies like NSO.
Pegasus is a spyware that can be installed on devices running certain versions of iOS, Apple's mobile operating system, developed by the Israeli cyberarms firm, NSO Group
"Facebook is under fierce scrutiny for its decisions about political advertisements and consumer privacy, and its foray into developing a new cryptocurrency. So it makes sense that the company would try to drum up a little positive publicity and remind people that there are tech firms out there that pose much greater threats to privacy, democracy and civil liberties.
 
As for surveillance, let’s be clear:
We’re talking total surveillance
"Whatever you may think of Facebook, the Israeli spyware company known as the NSO Group — whose products have been used to compromise devices belonging to lawyers, dissidents, journalists and diplomats around the world — is inarguably worse. . ."

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