Pegasus Spyware : The Indian Case and U.S. Developments Explained

The Pegasus spyware controversy, involving the powerful spying software developed by Israel’s NSO Group, has caused global outrage, impacting countries like India and the United States. This blog explains, in simple terms, the Pegasus case linked to WhatsApp from an Indian perspective, the court hearings in India, and the ongoing legal developments in the United States.

What is Pegasus Spyware?

Pegasus is a highly advanced spying tool created by NSO Group. Imagine a silent intruder that can slip into your phone without you noticing. Once inside, it can read your messages, listen to your calls, track your location, and even activate your camera or microphone. It’s like having someone secretly watching your every move.

Designed to help governments catch criminals or terrorists, Pegasus was reportedly misused to spy on journalists, activists, politicians, and ordinary citizens worldwide, sparking major privacy concerns.

How Does WhatsApp Fit In?

WhatsApp, the messaging app used by millions, was one of the ways Pegasus infiltrated phones. In 2019, WhatsApp discovered that hackers were exploiting a flaw in its app to install Pegasus. They would make a WhatsApp call to a target’s phone, and even if the call wasn’t answered, the spyware could take over the device.

WhatsApp quickly fixed the flaw, alerted the public, and revealed that about 1,400 people globally were targeted, including roughly 121 in India.

The Indian Connection

In India, the Pegasus case created a massive stir because the targets included prominent journalists, activists, lawyers, and politicians—people who weren’t criminals but were speaking out or doing their jobs. This raised a big question: Who was spying on them? Many suspected the Indian government, but the government denied using Pegasus and insisted it only conducts legal surveillance. Their lack of clear answers fueled public distrust.

The case sparked a heated debate about privacy, a right protected by India’s Constitution. If someone was spying on citizens without permission, it could be a serious violation of their rights.

What Happened in Indian Courts?

The Pegasus issue reached India’s Supreme Court as people demanded answers. Here’s a simple breakdown of the legal journey:

1. The Complaints (2019): After WhatsApp exposed the spying, affected individuals, including activists and journalists, approached the Supreme Court. They asked for an investigation into who used Pegasus and whether it was legal.
2. Why the Court Stepped In: The Supreme Court took the case seriously because it involved citizens’ privacy and safety. They wanted to determine if the government or others were illegally spying on innocent people.
3. Landmark Decision (2021): In October 2021, the Supreme Court ordered a detailed investigation. They formed a special committee, led by a retired judge and supported by tech experts, to examine:
   • Was Pegasus used illegally in India?
   • Who was targeted, and why?
   • Was the government involved?
4. The Committee’s Work: The committee worked discreetly, inviting people to report if they suspected their phones were hacked. They sought information from the government and NSO Group, but faced challenges—NSO wouldn’t share details, and the government claimed it had nothing to hide.
5. Findings (2022): In August 2022, the committee submitted its report to the Supreme Court. While the full report wasn’t made public, key points were shared:
   • Evidence confirmed Pegasus or similar spyware was used in India.
   • The government’s lack of cooperation hindered a full investigation.
   • The court emphasized that surveillance must follow strict rules to protect privacy.
6. Current Status in India: The Supreme Court’s ruling was significant, reinforcing the importance of privacy in India. They urged the government to strengthen surveillance laws. However, many remain frustrated because the court didn’t identify who was behind the Pegasus attacks or hold anyone accountable. The issue continues to be debated, with calls for greater transparency.

The U.S. Case: WhatsApp vs. NSO Group

In the United States, the Pegasus controversy has taken a different path, with WhatsApp directly confronting NSO Group in court. Here’s what’s happening in simple terms:

1. The Lawsuit (2019): WhatsApp, owned by Meta, filed a lawsuit against NSO Group in a U.S. federal court in California in October 2019. They accused NSO of illegally hacking into WhatsApp’s systems to deploy Pegasus on 1,400 users’ phones, including those in India and other countries. WhatsApp argued that NSO’s actions violated U.S. laws, including the Computer Fraud and Abuse Act, and harmed users’ privacy.
2. Why It Matters: This case is a big deal because it’s one of the first times a major tech company like WhatsApp has taken a spyware maker to court. WhatsApp wants to hold NSO accountable and stop them from selling Pegasus to clients who misuse it.
3. NSO’s Defense: NSO Group claimed they only sell Pegasus to governments for legitimate purposes, like fighting crime or terrorism. They also argued that a U.S. court shouldn’t have jurisdiction over them since they’re an Israeli company, and their clients are foreign governments.
4. Key Court Moments:
   • 2020: A U.S. judge rejected NSO’s attempt to dismiss the case, allowing it to move forward. The court said NSO’s actions affected WhatsApp’s servers in the U.S., giving the court authority to hear the case.
   • 2021-2023: The case faced delays due to legal arguments, including NSO’s claim that they should have “immunity” because they work for governments. WhatsApp countered that NSO was a private company profiting from illegal hacking.
   • 2024: The case progressed with both sides gathering evidence. WhatsApp provided technical details about how Pegasus exploited their app, while NSO struggled to defend its actions without revealing sensitive client information.
5. Current Status (2025): As of April 2025, the WhatsApp vs. NSO Group case is still ongoing in the U.S. District Court for the Northern District of California. Recent updates indicate that the court is moving toward a trial, though no final date has been set. The U.S. government has also weighed in, expressing concerns about spyware threats to national security, which adds pressure on NSO. Additionally, in 2021, the U.S. Commerce Department blacklisted NSO Group, restricting its access to American technology, which has weakened NSO’s position.
6. What’s at Stake?: If WhatsApp wins, NSO could face hefty fines, restrictions on its operations, or even be forced to shut down. A victory could also set a precedent, making it harder for spyware companies to operate without accountability. If NSO wins, it might embolden similar companies to continue developing and selling invasive tools.

Why This Matters to You

Whether you’re in India or elsewhere, the Pegasus case is a wake-up call about digital privacy. Your phone—whether it’s WhatsApp or another app—could be vulnerable to sophisticated tools like Pegasus. The Indian Supreme Court’s push for stronger privacy laws and the U.S. lawsuit against NSO highlight the global fight to protect your personal information.

In India, the case showed that even ordinary citizens can be targeted, and the courts are willing to step in. In the U.S., WhatsApp’s battle with NSO could change how spyware companies operate worldwide, potentially making the internet safer for everyone.

In Simple Words

Pegasus was a sneaky spyware that used WhatsApp to spy on people, including many in India. In India, the Supreme Court investigated, found evidence of spying, and told the government to respect privacy, but we still don’t know who was behind it. In the U.S., WhatsApp is fighting NSO Group in court to hold them accountable for creating Pegasus. The case is ongoing, and its outcome could affect how safe your phone is in the future.

To stay safe, keep your apps updated, avoid suspicious calls or links, and support efforts to protect your privacy rights. The Pegasus saga is a reminder: your phone is personal, and no one should invade it without a good reason.