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For Customers + Bloomberg Anywhere Remote Login + Software Updates + Manage Contracts and Orders Support Americas+1 212 318 2000 EMEA+44 20 7330 7500 Asia Pacific+65 6212 1000 [icon-searc][icon-hambu][icon-hambu] News [icon-chevr] Podcasts Research Tools [icon-chevr] Bloomberg Law Log In Sign Up For Newsletter Bloomberg Law * Antitrust * Artificial Intelligence * Banking Law * Bankruptcy Law * Before the Bar * Benefits & Executive Comp * Bloomberg Law Analysis * Business & Practice * Cannabis * Capital Markets * Class Action * Construction Labor * Crypto * Daily Labor Report (r) * Employment Law * Energy * Environment & Energy * Environment Reporter * ESG * Federal Contracting * Health Law & Business * Health Law & Life Sciences * Health Regs & Compliance * Human Resources * Immigration * In-House Counsel * Insurance * International Trade * IP Law * Labor Relations * Legal Ethics * Legal Ops & Tech * Litigation * Litigation Finance * Mergers & Acquisitions * Occupational Safety * PFAS Project * Pharma & Life Sciences * Privacy & Data Security Law * Private Equity * Product Liability & Toxics Law * Securities Law * Social Justice & Diversity * Tech & Telecom Law * US Law Week * White Collar & Criminal Law Bloomberg Tax * Daily Tax Report (r) * Daily Tax Report: International * Daily Tax Report: State * Financial Accounting * Payroll * Tax Insights & Commentary * Tax Management International * Tax Management Memo * Transfer Pricing * Brief Analyzer * Draft Analyzer * Dockets * Practical Guidance * Points of Law Privacy & Data Security Law A photographic illustration shows a mobile phone near the NSO Group company logo on February 9, 2022 in the Israeli city of Netanya. - Israel's ground-breaking surveillance technology was once feted as a prized export bolstering diplomatic ties abroad, but reports the secret spyware was also turned on citizens at home has trigged domestic outrage. Recent bombshell allegations in Israeli media centre on the controversial Pegasus malware made by the Israeli firm NSO, which can turn a phone into a pocket spying device. (Photo by JACK GUEZ / AFP) (Photo by JACK GUEZ/AFP via Getty Images) A photographic illustration shows a mobile phone near the NSO Group company logo. Photographer: Jack Guez/AFP via Getty Images [icon-liste] Listen [icon-print]Print[icon-email]Email Share To:[icon-Faceb]Facebook [icon-Linke]LinkedIn [26_AUTO_ic] Oct. 3, 2024, 3:01 PM UTC NSO Should Lose Spyware Case for Discovery Violations, Meta Says By Cassandre Coyer Cassandre Coyer Cassandre Coyer [icon-email] Documents Motion for sanctions Docket Related Stories Apple Moves to Dismiss Suit Against Israeli Spyware Maker NSO Sept. 13, 2024, 6:57 PM UTC NSO Spyware Hacked EU-Based Russian Journalists, Report Says May 30, 2024, 12:00 PM UTC NSO Group's Request to Dismiss WhatsApp Spyware Case Rejected Nov. 16, 2023, 6:45 PM UTC NSO Group Tries Again to Boot Claims of Spying on WhatsApp Users Nov. 23, 2021, 4:51 PM UTC Search by Law Firm * King & Spalding * Davis Polk & Wardwell Search by Topic * discovery protective orders * spyware * requests for production * mobile applications * social media * civil sanctions * computer surveillance Search by Company * Meta Platforms Inc * NSO's conduct warrants terminating sanctions, filing says * NSO's discovery violations make fair trial 'impossible' WhatsApp and its parent Meta Platforms Inc. asked a judge to award them a total win against spyware maker NSO Group as punishment for discovery violations in a years-long case accusing the Israeli company of violating anti-hacking laws. NSO Group violated the Federal Rules of Civil Procedure, repeatedly ignoring the court's orders and its discovery obligations, according to a motion for sanctions filed Wednesday in the US District Court for the Northern District of California. "NSO's discovery violations were willful, and unfairly skew the record on virtually every key issue in the case, from the merits, to jurisdiction, to damages, making a full and fair trial on the facts impossible," they said. Judge Phyllis J. Hamilton should award the companies judgment as a matter of law or, "if the court finds that the limited discovery produced in this case does not suffice," enter default judgment against NSO, WhatsApp and Meta wrote. The social media platforms first filed their complaint in October 2019, accusing NSO of using WhatsApp to install NSO spyware on the phones of about 1,400 WhatsApp users. The complaint said NSO violated the Computer Fraud and Abuse Act by deploying malware onto phones to surveil users and collect data. The years since were marked by discovery back-and-forths between the parties. In March 2023, NSO moved for a protective order, claiming that obligations under Israeli law prevent it from producing the requested documents. The court denied that motion on November 15, concluding that foreign law doesn't excuse discovery in this case. In Februaryand August, the court granted WhatsApp and Meta motions to compel, ordering NSO to produce information including source code for its Pegasus spyware and other "documents and communications related to any of NSO's spyware targeting or directed at WhatsApp servers, or using WhatsApp in any way to access WhatsApp's users' devices." At a Feb. 15 hearing, the court warned that it "would not feel at all reluctant to impose sanctions" if NSO failed to meet its discovery obligations. Still, the plaintiffs wrote, NSO refused to comply with the court's orders. WhatsApp and Meta said they plan to push the matter before Hamilton at a Nov. 7 hearing. NSO's counsel didn't immediately respond to a request for comment. Davis Polk & Wardwell LLP represents WhatsApp and Meta. King & Spalding LLP represents NSO. This case is WhatsApp Inc. et al v. NSO Group Technologies Limited et al, N.D. Cal., No. 4:19-cv-07123, motion for sanctions filed 10/2/24. Continue Reading To contact the reporter on this story: Cassandre Coyer in Washington at ccoyer@bloombergindustry.com To contact the editor responsible for this story: Adam M. Taylor at ataylor@bloombergindustry.com Learn more about Bloomberg Law or Log In to keep reading: Learn About Bloomberg Law AI-powered legal analytics, workflow tools and premium legal & business news. Learn more Already a subscriber? Log in to keep reading or access research tools. Log In (c) 2024 Bloomberg Industry Group, Inc. 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