On Friday, December 20, WhatsApp achieved a significant legal victory against NSO Group Technologies, the Israeli firm responsible for the controversial Pegasus spyware. The ruling is a key development in the high-profile lawsuit filed by Meta's messaging platform in 2019 in the U.S.

The lawsuit accused NSO Group of using Pegasus to infect and monitor the phones of 1,400 individuals, including journalists, human rights activists, and government officials, over a two-week span in May 2019. The spyware, known for its invasive nature, was used to extract sensitive data from its targets via WhatsApp.

Legal Ruling and Future Proceedings

US District Judge Phyllis Hamilton issued a summary judgment in favor of WhatsApp, ruling that NSO Group had violated state and federal hacking laws, along with WhatsApp's terms of service. The court also concluded that NSO Group had breached the US Computer Fraud and Abuse Act, delivering a major setback to the spyware manufacturer.

In her ruling, Judge Hamilton highlighted that NSO Group had obstructed the legal process by not providing WhatsApp with the spyware's source code, despite a court order to do so by early 2024. Instead, the company made the code available only in Israel and restricted its review to Israeli citizens, a condition the judge described as "simply impracticable." NSO Group will now face a jury trial in March 2025 to determine the damages it owes WhatsApp, the world's most widely used messaging platform.

After the ruling, WhatsApp released a strong statement, saying, "After five years of litigation, we're grateful for today's decision. NSO can no longer avoid accountability for their unlawful attacks on WhatsApp, journalists, human rights activists, and civil society. With this ruling, spyware companies should be on notice that their illegal actions will not be tolerated."

NSO Group's Claims and Evidence Against Them

NSO Group has consistently claimed that its spyware is exclusively used by government clients for national security purposes. However, court filings uncovered evidence to the contrary. The court found that NSO Group itself directly operated Pegasus, installing the spyware and extracting data such as photos, emails, and texts from both WhatsApp and iPhones.

The spyware has been linked to cyberattacks carried out by authoritarian regimes globally. The victims of the 2019 breach included senior government officials, political dissidents, diplomats, and journalists. In 2021, the Biden administration blacklisted NSO Group, preventing US agencies from purchasing its products.

Major Pegasus Scandals and Their Impact on Privacy

The Pegasus spyware, developed by the Israeli firm NSO Group, has been at the center of multiple high-profile scandals, revealing the extent to which surveillance tools can be misused to infringe on privacy.

One of the most notable cases occurred in 2019 when WhatsApp accused NSO Group of using Pegasus to target the phones of 1,400 individuals, including journalists, activists, and government officials. The spyware exploited vulnerabilities in the app to gain unauthorized access to data on the targets' phones, sparking international outrage.

In 2021, the Pegasus Project revealed that the spyware had been used to hack over 50,000 devices across 50 countries. Among the victims were political leaders like French President Emmanuel Macron, journalists such as Jamal Khashoggi's associates, and activists in Mexico, Azerbaijan, and Hungary. The spyware's use for political espionage and human rights violations raised serious ethical and legal questions.

In India, allegations emerged that Pegasus was used to target opposition leaders, journalists, and activists critical of the government. This led to public outcry and calls for accountability.

These scandals highlight the dangers posed by surveillance technologies and highlight the need for stronger regulations to protect digital privacy and prevent abuses of power.