CPJ, partners file amicus brief to project encryption from Pegasus spyware

The Committee to Protect Journalists joined 10 other civil society organizations in filing an amicus brief in the U.S. Ninth Circuit Court of Appeals on Wednesday calling for the safeguarding of encryption from NSO Group’s Pegasus spyware to prevent the surveillance of journalists and other human rights defenders. 

In the brief, which was led by Access Now, CPJ and fellow amici argue that without the permanent injunction, NSO will continue enabling human rights violations. CPJ has reported extensively on the use of spyware to target the press, and the brief cited CPJ research detailing the importance of encryption for journalists’ safety.

In October 2019, WhatsApp and its parent company Facebook (now Meta) filed a lawsuit in the U.S. District Court for the Northern District of California over NSO using WhatsApp’s servers to deliver Pegasus spyware to the devices of over 1,400 people across 20 countries, including numerous journalists. CPJ and partners also filed an amicus brief in December 2020, when the case was originally appealed on jurisdictional grounds.

After six years in court, including NSO’s unsuccessful appeal to the U.S. Supreme Court, the District Court issued a ruling in favor of WhatsApp in 2025. In the historic ruling, the court issued a permanent injunction stopping NSO from targeting WhatsApp messenger and its users.

Read a copy of the amicus brief here.