NSO Group to US Supreme Court: Help!
April 14, 2022
The “real news” outfit the Associated Press ran an article called “NSO Turns to US Supreme Court for Immunity in WhatsApp Suit.” The main idea is that Zuckbook’s lawsuit has to go away. The legal dust up dates from 2019. Zuckbook alleges that NSO Group zapped more than 1,000 users of WhatsApp, a popular instant messaging service. WhatsApp delivers alleged end to end encrypted messaging (EE2E). Intercepting content WhatsApp users think is secure can deliver some high value intelligence if available to certain professionals. NSO Group’s idea is that it is a “foreign government agent.” As such, NSO Group cannot be hassled for its specialized software and services. Why is the issue at the US Supreme Court? The answer is that in previous legal proceedings, federal court rulings said, “Sorry. Zuckbook’s case goes forward.”
I am no attorney, but the sovereign immunity angle sounds good: Intelware, used by some US allies, and good at what it does. The reasoning of the courts is that the NSO Group is not going to get the sovereign “get out of jail free” card in this Monopoly game. Why? According to the information in the write up, NSO Group is software, not an “agent.”
Three observations:
- NSO Group is hoping the third time is a charm in US courts it seems.
- The company just cannot stay out of the newsfeeds. Maybe its management team should start a PR firm.
- The Supreme Court can be picky about what it takes on and when it does accept a case, the outcome can be surprising, very surprising.
Net net: The intelware sector is likely to find itself under more intense scrutiny as the endless barrage of NSO Group publicity flows.
Stephen E Arnold, April 14, 2022
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