For the first time, a US court has held Israel’s NSO Group liable for the misuse of its Pegasus spyware. The development comes months after an investigation suggested that Pegasus software was used to spy on many Indians, including journalists, politicians, Opposition leaders.
The case against NSO Group was brought by WhatsApp, owned by Meta. US District Judge Phyllis Hamilton ruled that NSO violated the Computer Fraud and Abuse Act (CFAA) and California’s Computer Data Access and Fraud Act (CDAFA).
The spyware targeted 1,400 WhatsApp users, including dissidents, journalists, and human rights activists.
Uproar in India
Pegasus spyware had caused a massive uproar in India. Reports in 2021 alleged that over 300 Indian mobile numbers were targeted, including Union Ministers, Opposition leaders, journalists, and business figures. These claims raised questions about the Central and state governments’ involvement, as NSO maintains it only works with official agencies.
Also read: Apple warns iPhone users in India, 91 other countries of ‘mercenary spyware’ attack
Unsealed documents in the WhatsApp case revealed that NSO played a central role in deploying Pegasus, contradicting its claims of limited involvement. WhatsApp argued that NSO’s clients had “minimal control” over the spyware’s operations.
The Indian government denied allegations of unauthorised surveillance. IT Minister Ashwini Vaishnaw even labelled the reports as baseless.
The NSO Group also dismissed the accusations as “unsubstantiated and misleading.”
Supreme Court enquiry
In response to public outcry, India’s Supreme Court formed a committee of experts in 2021 to investigate the allegations.
The committee found no conclusive evidence of Pegasus use but noted that the government did not cooperate fully. The report remains sealed.
Also read: Centre rejects Amnesty report that claimed use of Pegasus to target two Indian journalists
The Pegasus controversy became a political issue in states like West Bengal and Andhra Pradesh.
In West Bengal, a Commission of Inquiry was halted by the Supreme Court. Chief Minister Mamata Banerjee later claimed her government was approached to purchase Pegasus.
In Andhra Pradesh, political parties accused each other of using the spyware for surveillance. Allegations resurfaced in 2024, with TDP chief Chandrababu Naidu claiming his phones were tapped using Pegasus.
International implications
The US blacklisted NSO in 2021, barring government agencies from using its products. The spyware has been linked to authoritarian regimes worldwide, raising widespread concerns about privacy violations.
Watch | Spyware scandal: Amnesty probe confirms use of Pegasus on Indians
Sharp reaction from Congress
Congress leader Randeep Surjewala reacted to the US ruling, saying: “The Pegasus Spyware case verdict proves how 300 WhatsApp numbers of Indians were targeted in the illegal spyware racket.”
He posed several questions to the Indian government: “Who are the 300 names targeted? Who are the two Union Ministers? Who are the three Opposition leaders? Who is the Constitutional Authority? Who are the journalists and businesspersons?”
Also read: India seeks explanation from WhatsApp over snooping row
Surjewala demanded that the Supreme Court make the expert committee’s report public and reopen the inquiry in light of the US ruling. He also called on Meta to disclose the names of the targeted Indians, citing their duty towards Indian users.
WhatsApp’s victory
WhatsApp, which sued NSO in 2019, welcomed the US court’s decision. Will Cathcart, head of WhatsApp, described the ruling as a “victory for privacy.” He added, “Spyware companies cannot hide behind immunity or avoid accountability for their unlawful actions.”
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