Google Scores Partial Victory in Android Antitrust Case in India

The logo of Google LLC is seen at a Google Store in New York City, US, January 20, 2023. (Reuters)
The logo of Google LLC is seen at a Google Store in New York City, US, January 20, 2023. (Reuters)
TT

Google Scores Partial Victory in Android Antitrust Case in India

The logo of Google LLC is seen at a Google Store in New York City, US, January 20, 2023. (Reuters)
The logo of Google LLC is seen at a Google Store in New York City, US, January 20, 2023. (Reuters)

An Indian tribunal on Wednesday gave partial relief to Alphabet Inc's Google by setting aside four of 10 antitrust directives in a case related to abuse of its dominant position in Android.

The Competition Commission of India (CCI) said in October that Google had exploited its dominant position in Android and told it to remove restrictions imposed on device makers, including related to pre-installation of apps. It also fined Google $161 million.

An Indian appeals tribunal on Wednesday said CCI's findings of Google's anti-competitive conduct were correct and the company was also liable to pay the fine, but it quashed four of the 10 antitrust remedies that had been imposed on Google to change its business model.

Among the reliefs, Google will now not need to allow hosting of third-party app stores inside Play Store, as had been previously ordered by the CCI.

The move will come as some relief for Google after India's Supreme Court in January refused to suspend any of the antitrust remedies ordered last year. The top court had asked the tribunal to hear the case on merit and rule by March end.

Google has been concerned about India's Android decision as the directives were seen as more sweeping than those imposed in the European Commission's landmark 2018 ruling against the operating system.

It has said "no other jurisdiction has ever asked for such far-reaching changes", and repeatedly argued that the growth of its Android ecosystem will stall in India due to the decision.



US Judge Finds Israel's NSO Group Liable for Hacking in WhatsApp Lawsuit

Israeli cyber firm NSO Group's exhibition stand is seen at "ISDEF 2019", an international defense and homeland security expo, in Tel Aviv, Israel June 4, 2019. REUTERS/Keren Manor/File Photo
Israeli cyber firm NSO Group's exhibition stand is seen at "ISDEF 2019", an international defense and homeland security expo, in Tel Aviv, Israel June 4, 2019. REUTERS/Keren Manor/File Photo
TT

US Judge Finds Israel's NSO Group Liable for Hacking in WhatsApp Lawsuit

Israeli cyber firm NSO Group's exhibition stand is seen at "ISDEF 2019", an international defense and homeland security expo, in Tel Aviv, Israel June 4, 2019. REUTERS/Keren Manor/File Photo
Israeli cyber firm NSO Group's exhibition stand is seen at "ISDEF 2019", an international defense and homeland security expo, in Tel Aviv, Israel June 4, 2019. REUTERS/Keren Manor/File Photo

A US judge ruled on Friday in favor of Meta Platforms' WhatsApp in a lawsuit accusing Israel's NSO Group of exploiting a bug in the messaging app to install spy software allowing unauthorized surveillance.

US District Judge Phyllis Hamilton in Oakland, California, granted a motion by WhatsApp and found NSO liable for hacking and breach of contract.

The case will now proceed to a trial only on the issue of damages, Hamilton said. NSO Group did not immediately respond to an emailed request for comment, according to Reuters.

Will Cathcart, the head of WhatsApp, said the ruling is a win for privacy.

"We spent five years presenting our case because we firmly believe that spyware companies could not hide behind immunity or avoid accountability for their unlawful actions," Cathcart said in a social media post.

"Surveillance companies should be on notice that illegal spying will not be tolerated."

Cybersecurity experts welcomed the judgment.

John Scott-Railton, a senior researcher with Canadian internet watchdog Citizen Lab — which first brought to light NSO’s Pegasus spyware in 2016 — called the judgment a landmark ruling with “huge implications for the spyware industry.”

“The entire industry has hidden behind the claim that whatever their customers do with their hacking tools, it's not their responsibility,” he said in an instant message. “Today's ruling makes it clear that NSO Group is in fact responsible for breaking numerous laws.”

WhatsApp in 2019 sued NSO seeking an injunction and damages, accusing it of accessing WhatsApp servers without permission six months earlier to install the Pegasus software on victims' mobile devices. The lawsuit alleged the intrusion allowed the surveillance of 1,400 people, including journalists, human rights activists and dissidents.

NSO had argued that Pegasus helps law enforcement and intelligence agencies fight crime and protect national security and that its technology is intended to help catch terrorists, pedophiles and hardened criminals.

NSO appealed a trial judge's 2020 refusal to award it "conduct-based immunity," a common law doctrine protecting foreign officials acting in their official capacity.

Upholding that ruling in 2021, the San Francisco-based 9th US Circuit Court of Appeals called it an "easy case" because NSO's mere licensing of Pegasus and offering technical support did not shield it from liability under a federal law called the Foreign Sovereign Immunities Act, which took precedence over common law.

The US Supreme Court last year turned away NSO's appeal of the lower court's decision, allowing the lawsuit to proceed.