On October 29, 2019, Facebook Inc. (Facebook), owner of WhatsApp
messaging service, filed a lawsuit against the Israel-based NSO
Group (NSO), alleging that the spyware-maker unlawfully hacked
nearly 1,400 WhatsApp users’ phones to surveil their
encrypted communications. NSO—whose customers include
government agencies as well as private companies—makes
Pegasus, a remotely installed surveillance product that can access
and control information on mobile devices. Facebook is seeking a
permanent injunction banning NSO from using WhatsApp, as well as
damages and a declaratory judgment that NSO violated federal and
state law.
With nearly 1.5 billion users in 180 countries, WhatsApp is one
of the most popular messaging apps deploying “end-to-end
encryption,” which is designed to ensure that only the sender
and recipient can decrypt and read messages. But in May 2019, the
Financial Times reported that NSO had successfully installed
malware on certain WhatsApp users’ devices,
