The meat of these filings is WHATSAPP’s
rebuttal of NSO’s claim
that because they sell to foreign states, they should be immune to prosecution. “Here, NSO is a for-profit commercial company – decidedly not a foreign state. The filing methodically goes through NSO’s claim for derivative sovereign immunity, pointing out that “no established law recognizes the novel immunity NSO seeks”.
Fun analogy: NSO saying the hacking didn’t violate CFAA because they created a @WhatsApp account is like a reader hacking @nytimes servers and manipulating other readers’ comments…. “untenable consequences would flow”
Ah! Another interesting detail, @WhatsApp engineers observed 723 NSO attacks on users in which phones, once exploited, reached out to NSO-owned servers in California (104.223.76[.]220 – @QuadraNet & 54.93.81[.]200 – >@amazon