11/8/2022 0 Comments Whatsapp inc. menlo park§ 1030 (2) violated the California Comprehensive Computer Data Access and Fraud Act, § 502 (3) breached their contracts with WhatsApp and (4) wrongfully trespassed on the plaintiffs’ property. The complaint filed by the plaintiffs alleges four causes of action: that the defendants (1) violated the Computer Fraud and Abuse Act, 18 U.S.C. On October 29, 2019, the plaintiffs filed their complaint, demanding permanent injunctive relief to block the defendants from accessing their computer system and seeking damages. The plaintiffs claim that the defendants’ action was not authorized by WhatsApp and was in violation of their Terms of Service. The defendants’ business operated by licensing Pegasus and selling their support service to customers for installation, monitoring, training and technical support. The defendants’ technology allegedly sought to circumvent WhatsApp’s end-to-end encryption in order to gain remote access and control of information, including calls, messages, and locations, on users’ mobile devices. On May 13, 2019, Facebook announced that it had investigated and closed the vulnerability exposed by the defendants. These users include at least one hundred human rights defenders, journalists, and other members of civil society operating across the globe. Once the devices had been infected, the malware, known as “Pegasus”, was designed to facilitate the surveillance of particular WhatsApp users. The plaintiffs claim that, between April 2019 and May 2019, the defendants used WhatsApp servers, partially located in the United States, to send malware to approximately 1,400 WhatsApp users’ mobile phones and devices. It is alleged that the defendants manufacture, distribute, and operte mobile surveillance technology. The defendants are NSO Group Technologies Ltd., an Israeli limited liability company and Q Cyber Technologies Ltd., an Israeli corporation and the majority shareholder in NSO Group. Both plaintiffs are based in Menlo Park, California. The plaintiffs in this case are WhatsApp Inc., the encrypted telecommunications service, and their parent company, Facebook, Inc., the social networking website. The Court also denied the defendants’ motion to delay discovery, enabling the disclosure of documents and records concerning NSOs practices in anticipation of future litigation. Rather, the Court held that NSO Group “retained some role” in the operation of their “Pegasus” spyware, “even if it was at the direction of their customers.” Accordingly, the Court denied the defendants’ motion to dismiss the plaintiffs’ complaint in all but one cause of action, concerning trespass to movable personal property. The Court rejected the defendants’ argument that they had a limited role in the surveillance of the plaintiff’s users. The complaint asserted that spyware developed by NSO Group had been used to infect 1,400 mobile devices, enabling the surveillance of the communications of a targeted group of WhatsApp users. Whatsapp inc. menlo park software#The United States District Court for the Northern District of California held that the lawsuit filed by WhatsApp and its parent company Facebook may proceed against the Israeli mobile surveillance software company, NSO Group.
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