London Daily

Focus on the big picture.
Wednesday, Aug 26, 2026

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

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.

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”.

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”.

Last year, it also dismissed the findings of the investigation into Pegasus, which was based on a major data leak, as “uncorroborated theories”.

But rights groups, including Amnesty International, have accused the group of flouting its “human rights responsibilities”, calling on the Israeli government to revoke the firm’s permits.

Comments

Ken 4 year ago
The small hats were the ones that owned the slave ships bringing blacks from Africa to the United States, I find it strange that the blacks hate the Asian people and not the small hat people. There are some good articles written about the ports on the east coast that were used and the high percentage of blacks that died on route, but the males were chained up in the bottom of the boat for mobths at a time. The woman and kids were allowed up on deck. Laying in excrement for months on end would make me hate the ship owners and slave sellers. But maybe that's just me E
E. 4 year ago
Just to remind you that without those people with the small hat the United States would have been the poorest country in the world. 70% of the US economy is thanks to the people with the small hat. So it's true that their success is enviable for those who fail and hate others instead of improving themselves, but the small hat people supports hundreds of millions of people in the United States and that's what matters.

Get a life. Be better instead of spreading hate against people who support you and your economy.
(and by the way - what NSO is doing is done by your government, against the law and against the constitution, so why the fire is pointing only against NSO and not any privacy-violation?)
Ken 4 year ago
Just kick all small hat people and their businesses out of the country. The USA does not need the money changers

Newsletter

Related Articles

0:00
0:00
Close
Church of England Faces Renewed Scrutiny Over Historical Safeguarding Failures
Reform UK Proposes £30 Tax Credit for Long HMRC Telephone Queues
Greater Manchester Secures More Than £100 Million to Upgrade Victorian Railway Stations
East Midlands Railway Urges Essential Travel Ahead of Bank Holiday Strikes
UK Economy Grows 0.4 Percent in Second Quarter as Global and Energy Pressures Weigh
UK Government and Sainsbury’s Launch Plan for 10,000 Youth Work Experience Placements
Scottish Government Plans Tighter Remote-Working Rules and Possible Voluntary Redundancies
Scottish Budget Faces More Than £700 Million Reduction After Tax Revenue Adjustment
Nearly 100 Labour MPs Press Andy Burnham to Back Electoral Reform Commission
UK Energy Price Cap Rises Four Percent to £1,723 as Middle East Conflict Drives Wholesale Gas Costs
Turnbull Warns AUKUS Could Leave Australia Without Promised Nuclear Submarines
California Billionaires Pour More Than $150 Million Into Fight Over Proposed Wealth Tax
German Broadcaster Goes Dark to Warn AfD Could End Its Saxony-Anhalt Service
Badenoch Plans Major Shadow Cabinet Reshuffle as Tories Struggle in Third Place
UK Government Demands Action Against Social Media Content Promoting Dangerous Driving
Labour Backbenchers Prepare Push for Electoral Reform Under Andy Burnham
Fire at Gatwick Airport Car Park Destroys 140 Vehicles and Cuts Local Power
UK Plans Voluntary Libido-Suppressing Medication Programme Across 20 Prisons
NHS England Launches Free Home Cervical Cancer Testing Kits Nationwide
Imperial College Study Warns North Sea Oil Projects Could Cause Hundreds of Billions of Pounds in Climate Damage
UK Inflation Rises to 2.9% as Middle East Conflict Pushes Up Energy Costs
Prime Minister Andy Burnham Visits Kyiv to Strengthen UK Support for Ukraine
Premier League Season Opens With Managerial Debuts and Dramatic Early Fixtures
England Cricket Drops Brydon Carse From Selection Pending Club Investigation
Graeme Dott Convicted of Child Sexual Abuse Offences in Scotland
Protesters Occupy British Aircraft Parts Factory Over Alleged Military Links to Israel
More Than 100 Former British and French Diplomats Call for Sanctions on Israel
Ipsos Poll Shows British Public Split Between Immigration Controls and Economic Growth
British Cybersecurity Agencies Raise Alert Over Growing Threats to Critical Infrastructure
Two-Thirds of England Now Under Official Drought Conditions After Prolonged Summer Heat
Institute of Directors Calls for Urgent Action to Revive Britain’s Stagnant Labour Market
Andy Burnham Visits Kyiv on First Foreign Trip and Pledges Continued British Support for Ukraine
New Daily Diabetes and Weight-Loss Pill Launches in UK Pharmacies
UK Payroll Employment Falls by 94,000 as Labour Market Cools
Onshore Wind Planning Applications in England Reach Ten-Year High After Rules Eased
UK Government Demands Social Media Platforms Remove Dangerous Driving Content After A66 Crash
Thames Water Creditors Face Backlash Over Proposed Corporate Restructuring
Twelve Arrested After Fatal A66 Crash Linked to Organised Crime Investigation
UK Household Energy Debt Could Reach £7 Billion by Year-End
UK Defence Ministry to Use Ukraine Battlefield Data to Train AI Security Systems
UK Government Redirects £4 Billion of Affordable Homes Funding Away From Social Housing
UK Government Borrowing Reaches £1.8 Billion in July, Exceeding Forecasts
UK Prime Minister Andy Burnham Pledges Advanced Missile Support for Ukraine
8Bank of England Holds Interest Rate at 3.75% as Middle East Energy Risks Rise
Prime Minister Andy Burnham to Give Ukraine Classified Storm Shadow Blueprints for Domestic Missile Production
UK Graduate Job Vacancies Plunge 45% to Lowest Levels on Record
Government Audit Reveals Pressure on UK Hospitality From Business Rates and Rising Costs
Kindertransport Survivor Prepares to Revisit European Sites Linked to Her Family’s Wartime Separation
Northern England Transport Operators Strengthen Contingency Plans as Travel Demand Rises
New Implant Trials Offer Treatment Prospects for Patients With Refractory Angina
×