Beautiful Virgin Islands

Saturday, Apr 11, 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.

Newsletter

Related Articles

Beautiful Virgin Islands
0:00
0:00
Close
Meghan Markle Plans Exclusive Women-Focused Retreat During Australia Visit
Starmer and Trump Hold Strategic Talks on Securing Strait of Hormuz Amid Rising Tensions
Unofficial Australia Visit by Prince Harry and Meghan Expected to Stir Tensions with Royal Circles
Pipeline Attack Cuts Significant Share of Saudi Arabia’s Oil Export Capacity
UK Stocks Rise on Ceasefire Momentum and Renewed Focus on Diplomacy
UK to Hold Further Strategic Talks on Strait of Hormuz Security
Starmer Voices Frustration as Global Tensions Drive Up UK Energy Costs
UK Students Voice Concern Over Proposal for Automatic Military Draft Registration
Rising Volatility Drives Uncertainty in UK Fuel and Petrol Prices
UK Moves to Deploy ‘Skyhammer’ Anti-Drone System to Strengthen Airspace Defense
New Analysis Explores UK Budget Mechanics in ‘Behind the Blue’ Feature
Man Arrested After Four Die in Channel Crossing Tragedy
UK Tightens Immigration Framework with New Sponsor Rules and Fee Increases
UK Foreign Secretary Highlights Impact of Intensified Strikes in Lebanon
UK Urges Inclusion of Lebanon in US-Iran Ceasefire Framework
UK Stocks Ease as Ceasefire Doubts in Middle East Weigh on Investor Confidence
UK Reassesses Cloud Strategy Amid Criticism Over Limited Support Measures
UK Calls for Full and Toll-Free Access Through Strait of Hormuz Amid Rising Tensions
Starmer Signals Strategic Shift for Britain Amid Escalating Iran-Linked Tensions
UK Issues Firm Warning to Russia Over Covert Underwater Military Activity
OpenAI Halts Stargate UK Project, Casting Uncertainty Over Britain’s AI Expansion Plans
Starmer Voices Frustration Over Global Pressures Driving UK Energy Costs Higher
UK Deploys Military Assets to Protect Undersea Cables From Suspected Russian Threat
Canada Aligns With US, UK and Australia as Europe Prepares Major Digital Border Overhaul
Meghan Markle’s Planned Australia Appearance Sparks Fresh Speculation
Starmer Warns Sustained Effort Needed to Ensure US–Iran Ceasefire Holds
UK to Partner with Shipping Industry to Rebuild Confidence in Strait of Hormuz, Cooper Says
UK Interest Rate Expectations Ease Following US–Iran Ceasefire Agreement
Starmer Signals Major Effort Needed to Fully Reopen Strait of Hormuz During Gulf Visit
UK Fuel Prices Face Ongoing Volatility Amid Global Pressures and Domestic Factors
Kanye West’s Planned Italy Festival Appearance Draws Debate After UK Entry Ban
Smuggling Routes Shift Toward Belgium as Migrant Crossings to UK Evolve
Ceasefire Offers Potential Relief for UK Fuel and Food Prices Amid Ongoing Uncertainty
Iran Conflict Raises Questions Over UK’s Global Influence and Military Preparedness
Senator McConnell Visits Kentucky to Highlight Federal Investment in Local Projects
Kanye West Barred from Entering UK as Legal Grounds Come into Focus
UK Denies Visa to Kanye West After Sponsors Withdraw from Wireless Festival
Trump-Era Forest Service Restructuring Leads to Closure of UK Lab Focused on Kentucky Woodland Health
Foreign Students in the UK Describe Harsh Living Conditions and Financial Pressures
Reform UK Proposes Visa Restrictions on Nations Pursuing Reparations Claims
Public Reaction Divides Over UK Decision to Bar Kanye West
Calls Grow for UK to Review US Base Access Following Concerns Over Escalating Rhetoric
UK Indicates It Will Not Permit Use of Its Bases for Potential US Strikes on Iran’s Energy Infrastructure
UK Prime Minister Defends Decision to Bar Kanye West, Questions Festival Booking
UK Accelerates Efforts to Harmonise Medical Technology Rules with United States
Wireless Festival Cancelled After Kanye West Denied Entry to the United Kingdom
Operation Europe: Trump Deploys Vance to Hungary to Save the EU
King Charles Faces Criticism From Some UK Christians Over Absence of Easter Message
Former UK Defence Secretary Raises Concerns Over Ability to Counter Iran Missile Threat
UK Signals Non-Involvement in Iran Conflict as Trump Reasserts Firm Deterrence Stance
×