Additionally, NSO faced sanctions for failing to comply with discovery obligations. The company did not produce Pegasus code in a usable format for litigation, leading Judge Hamilton to impose evidentiary sanctions. However, the court stopped short of granting terminating sanctions that would have immediately resolved the case in WhatsApp’s favor.
The Pegasus Spyware Controversy
WhatsApp filed its lawsuit in 2019, accusing NSO of using Pegasus to hack phones of at least 1,400 users, including journalists, human rights activists, and diplomats. The spyware allowed unauthorized access to user messages and other data, even if targets did not answer malicious calls.
WhatsApp alleged the attacks violated state and federal anti-hacking laws and bypassed the app’s end-to-end encryption. The U.S. Supreme Court previously declined to review whether NSO could claim immunity as a government contractor, returning the case to the California federal court.
Industry Repercussions
WhatsApp’s head, Will Cathcart, hailed the decision as a major victory for privacy. “Spyware companies should be on notice that illegal spying will not be tolerated,” Cathcart wrote on Meta’s Threads app.
