WhatsApp scored a significant legal victory against Israeli spyware firm NSO Group, as a U.S. federal judge ruled the company liable under federal and California laws for a 2019 hacking incident targeting over 1,000 WhatsApp users.
This rare legal triumph marks a milestone for activists fighting against the misuse of powerful spyware tools, which have reportedly been deployed against journalists, human rights defenders, and political dissidents worldwide.
In her ruling, Judge Phyllis Hamilton of the Northern District of California granted WhatsApp’s motion for partial summary judgment, clearing the way for a trial to determine the damages NSO Group owes the Meta-owned messaging platform.
The lawsuit, filed in 2019, accused NSO Group of violating federal anti-hacking laws. WhatsApp alleged that NSO’s flagship spyware, Pegasus, was used to hack the accounts of journalists and human rights advocates in a large-scale attack earlier that year.
NSO Group, which has denied any wrongdoing, did not immediately respond to requests for comment. The company maintains that its products are designed to combat crime and terrorism.
“Surveillance companies should be on notice that illegal spying will not be tolerated,” said Will Cathcart, head of WhatsApp, in a social media statement following the ruling.
Growing Concerns Over Commercial Spyware
The commercial spyware industry has expanded significantly over the past decade, with firms across the globe marketing surveillance tools to governments. U.S. intelligence agencies have reported that at least 74 countries have contracted private firms for spyware services.
The Biden administration has been actively cracking down on spyware manufacturers, particularly after discovering in 2021 that NSO Group’s spyware was used to hack the iPhones of several U.S. diplomats. Concerns have also been raised about spyware vendors aggressively marketing their tools to U.S. agencies.
Although the FBI confirmed purchasing a testing license for Pegasus in 2022, it stated the tool has not been used in any investigations.
Broader Implications
Experts believe the ruling has far-reaching implications for the spyware industry. John Scott-Railton, a researcher with the University of Toronto’s Citizen Lab, described the decision as precedent-setting.
“This is the most-watched case about mercenary spyware, and everyone is going to take note,” Scott-Railton said. He added that the ruling could discourage other spyware firms from entering the U.S. market.
As the case moves toward trial, the outcome is expected to shape the future of spyware regulation and reinforce accountability for surveillance companies operating in a legally and ethically gray area.