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On December 20, 2024, a federal judge held NSO Group Technologies and related companies civilly liable for using WhatsApp’s systems in a 2019 campaign that targeted approximately 1,400 mobile devices with Pegasus spyware. The ruling covered liability under federal and California hacking laws and contract law—not criminal guilt—and the litigation continued through a 2025 damages verdict, an injunction, an appeal and post-judgment disputes in 2026.
The short version
- WhatsApp and Meta sued NSO Group and related companies on October 29, 2019, in the U.S. District Court for the Northern District of California.
- WhatsApp alleged that NSO used WhatsApp technology and servers to send malicious traffic intended to install Pegasus on approximately 1,400 devices during April and May 2019.
- Judge Phyllis J. Hamilton’s December 20, 2024, partial summary-judgment order found NSO liable under the federal Computer Fraud and Abuse Act, California’s Comprehensive Computer Data Access and Fraud Act, and contract law. The court had previously dismissed a trespass-to-chattels claim.
- A jury awarded damages in May 2025. Meta described the result as a landmark victory; secondary reporting put punitive damages at $167.25 million and the overall award at about $168 million.
- As of August 18, 2026, the case remained active through an appeal, post-judgment discovery and a contempt request that Meta said it had filed. The contempt request was not itself a contempt finding.
What the December 2024 ruling decided
The order was a partial summary judgment decision in WhatsApp’s civil lawsuit, not a criminal prosecution. The court resolved liability before the damages phase. It granted WhatsApp judgment on three surviving theories:
Federal Computer Fraud and Abuse Act
The court applied the Computer Fraud and Abuse Act, 18 U.S.C. § 1030, to NSO’s alleged unauthorized use of WhatsApp systems.
California hacking statute
It also found liability under California Penal Code § 502, the Comprehensive Computer Data Access and Fraud Act.
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Contract
The court held NSO liable for breach of the contractual restrictions governing use of WhatsApp’s service. A separate trespass-to-chattels claim had already been dismissed.
The order addressed NSO’s conduct in building and deploying the relevant spyware infrastructure and using WhatsApp’s systems. It did not individually adjudicate every targeted person’s infection status, surveillance experience or personal damages. The ruling is available in the court record at the December 20, 2024 order.
How Pegasus was delivered through WhatsApp
WhatsApp alleged the following chain: NSO developed Pegasus and supporting installation infrastructure; the operation used WhatsApp technology or servers as an installation vector; targeted devices processed malicious traffic; and Pegasus was installed or attempted to be installed without the user’s authorization. The alleged campaign covered approximately 1,400 devices over April and May 2019.
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“Targeted” is the legally careful term. The figure does not establish that all 1,400 devices were successfully infected or that every user’s individual claim was tried.
What Pegasus can do
Meta’s published trial account described Pegasus as capable, depending on the version and deployment, of exposing messages, email, financial information and location data, and of remotely activating a device’s microphone or camera. Those are capabilities described in trial evidence and Meta’s account of that evidence, not a guarantee that every Pegasus build had every function. Meta’s summary is at its May 2025 trial and verdict statement.
Zero-click is not zero-day
A zero-click exploit requires no user interaction. A zero-day exploit uses a vulnerability that is not publicly known or has not yet been patched. They are different concepts; testimony in the case distinguished them. The published deposition transcript is available from Meta at this PDF.
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Why NSO could be liable even when customers operated the spyware
NSO argued that government customers, rather than NSO, were responsible for obtaining information from target devices. Judge Hamilton rejected that argument as a reason to avoid liability at the summary-judgment stage. The order relied on the CFAA’s treatment of co-conspirator liability and evidence that NSO supplied and operated the relevant technology while using WhatsApp infrastructure.
The significance is narrower than a universal rule for the surveillance industry: the vendor’s role in creating, deploying and using the delivery system could itself have legal consequences, rather than automatically being shielded by the customer’s later operation.
What testimony revealed
Meta published selected deposition excerpts from NSO chief executive Yaron Shohat. In those excerpts, Shohat testified that NSO developed the technology at issue, that Pegasus had zero-click installation vectors, that NSO preferred technology companies not learn about vulnerabilities used in its vectors because they might close them, and that NSO did not ask WhatsApp for permission to use WhatsApp messages as a Pegasus installation method. These are excerpts published by a litigating party; the judicial order remains the primary source for the court’s adjudicated findings.
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What the ruling did not mean
- Not a criminal conviction: “Liable” describes civil responsibility. The case did not convict NSO, its executives or alleged government operators of a crime.
- Not proof that all 1,400 users were infected: The number refers to devices WhatsApp said were targeted. The court did not award each person an individual damages judgment.
- Not a finding that WhatsApp encryption was broken: The alleged conduct used WhatsApp’s platform and endpoint-delivery mechanisms. Spyware on a phone can access data before it is encrypted or after it is decrypted on the device; that is different from decrypting messages in transit.
- Not a general spyware ban: The injunction is directed at NSO’s conduct involving WhatsApp and its users, not every commercial-surveillance vendor.
Damages, injunction and the continuing case
| Date | Development |
|---|---|
| October 29, 2019 | WhatsApp files suit against NSO Group and related companies, including Q Cyber Technologies. |
| November 8, 2021 | The Ninth Circuit rejects NSO’s attempt to obtain immunity, allowing the case to proceed: court opinion. |
| February 23, 2024 | The district court orders production of relevant spyware code; the later summary-judgment order explains that this included Pegasus code and code showing relevant functionality. |
| December 20, 2024 | Judge Hamilton grants WhatsApp partial summary judgment on liability. |
| May 2025 | A jury awards damages. Meta reports the verdict at its verdict announcement; Axios reported punitive damages of $167.25 million and an overall award of about $168 million at this report. Those are jury-award figures, not necessarily the amount ultimately collected. |
| 2025 | The court enters a permanent injunction barring NSO from targeting WhatsApp and its users, according to Meta’s later account. |
| February 2026 | NSO and Q Cyber file a notice of appeal. The docket records denial of a stay pending appeal. |
| June 8, 2026 | Meta says it asked the district court to hold NSO in contempt for allegedly violating the injunction. That remains an allegation unless and until the court adjudicates it: Meta’s update. |
| August 17, 2026 | The district-court docket records a filing concerning post-judgment discovery. The official case page is available here. |
Why the case matters beyond WhatsApp
Vendor accountability
The decision makes it harder for a surveillance vendor to argue that only its customer bears legal responsibility when the vendor designed and helped operate the delivery infrastructure.
Platform terms as a legal tool
WhatsApp combined statutory claims with contract claims. Service terms and technical access controls can therefore become part of a platform’s civil-enforcement strategy against an outside operator.
Limits of the precedent
The result turned on the evidence, statutes, contract terms and conduct in this case. It does not automatically resolve liability for every spyware product, customer relationship or country.
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Collection remains separate from winning
A verdict and injunction do not guarantee immediate payment or compliance, particularly when defendants and assets are spread across jurisdictions. Appeal and post-judgment discovery can affect what is ultimately enforceable.
If you think you may have been targeted
These steps reduce risk and preserve evidence, but none guarantees protection from sophisticated spyware:
Quick Recap
- Do not click suspicious links or respond to the sender.
- Preserve warning emails, messages, dates, account details and device information.
- Install operating-system and app updates through official channels.
- Contact a reputable digital-rights or incident-response organization for specialist advice.
- Do not factory-reset or wipe a potentially compromised device before receiving forensic guidance, because that can destroy evidence.
- Treat a generic warning as a reason to investigate, not proof that Pegasus infected the device.
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