Israel: government has tried to suppress revelations in NSO spyware legal case
Forbidden Stories analysis of leaked documents suggests Israeli authorities acted to conceal information concerning Pegasus spyware use
WhatsApp is suing the Israeli firm in a Californian court for allegedly abusing its platform to hack the phones of 1,400 people around the world
‘These revelations raise critical concerns about Israel’s regulatory oversight and the impartiality of its investigations into the spyware maker’ - Donncha Ó Cearbhaill
A new investigation by the Forbidden Stories-led consortium - supported by Amnesty International - has revealed how the Israeli authorities have seized documents in an ongoing WhatsApp lawsuit against the Israeli spyware firm NSO Group.
The Israeli government’s seizure of NSO Group documents appears to have been an effort to prevent their disclosure in a US court during pretrial procedures, including the disclosure of sensitive information about NSO Group and the activities of its customers.
The Forbidden Stories investigation draws on leaked files published online which the consortium reviewed, as well as additional documents and sources. Amnesty’s Security Lab conducted a forensic analysis to verify some of these documents.
In October 2019, WhatsApp sued NSO Group in California’s 9th District Court for allegedly abusing its platform to hack the phones of 1,400 people around the world. As part of court procedures NSO Group was facing a potential discovery process, a pretrial procedure whereby information - such as internal documents - can be produced in court. In December 2020, Amnesty and seven other civil society groups filed an amicus brief related to WhatsApp’s case asking the court not to grant NSO Group immunity from prosecution for harms suffered by those targeted with spyware. This matter is still before the court.
Earlier this week, Google and Microsoft intervened in a separate US legal case against NSO Group arguing that spyware victims should be able to take legal action in the USA against spyware vendors even if they were hacked abroad.
Donncha Ó Cearbhaill, Head of Amnesty International’s Security Lab, said:
“Israel has a duty to ensure Israeli companies do not cause or contribute to human rights violations anywhere in the world.
“These revelations raise critical concerns about Israel’s regulatory oversight and the impartiality of its investigations into the spyware maker.
“These documents suggest that not only are they failing to do this but are actively trying to shield NSO Group from accountability for its role in severe human rights violations.
“Such revelations call into question Israel’s commitment to impartially regulate NSO Group and casts doubt on its ability to provide justice, truth and reparation to those affected by Pegasus spyware.
“It further confirms the difficulty in seeing Israel as an independent adjudicator capable of meaningfully exercising its responsibilities to control the highly-invasive spyware industry.”
Pegasus spyware
NSO Group, an Israeli private company, has been under scrutiny for its surveillance technology products - particularly the highly invasive Pegasus spyware which has been used by governments globally to target human rights defenders, journalists, lawyers and politicians, among others. NSO Group has argued that Pegasus is a tool intended to fight crime and terrorism. In 2021, Amnesty and Forbidden Stories revealed how NSO Group’s spyware had been used to facilitate human rights violations around the world, targeting potentially tens of thousands of phone numbers, including those of heads of state, activists and journalists, among them the family of the murdered Saudi journalist Jamal Khashoggi.