The US court's decision on Friday (December 20) in favor of WhatsApp, the messaging platform owned by Meta, which holds Israeli spyware maker NSO Group directly liable for targeting around 1,400 users with its spyware, Pegasus, is expected to have ripple effects in India.
In 2021, many reports in the media revealed that Pegasus spyware was used to target over 300 Indian mobile numbers, including those of two serving ministers, opposition leaders, journalists, and business people.
Bringing much-needed context to the alleged spyware targeting WhatsApp users and the accountability for this privacy violation, a US court has, for the first time, ruled that the Israeli spyware maker NSO Group is liable for deploying Pegasus, stating that it violated the Computer Fraud and Abuse Act and California's Cybersecurity laws.
This ruling could set a precedent for accountability, as NSO has long downplayed its involvement in targeting individuals worldwide, including senior officials, journalists, and human rights activists.
The Indian government led by Prime Minister Narendra Modi denied any involvement, calling the surveillance claims "baseless," and IT Minister Ashwini Vaishnaw asserted that India’s surveillance laws prevent unauthorised surveillance.
However, in the wake of the revelations, the country's Supreme Court formed a committee to investigate the allegations. Though the committee found no conclusive evidence, it noted the central government’s lack of cooperation.
The issue also gained attention in states like West Bengal and Andhra Pradesh, where allegations of Pegasus use became political. West Bengal’s government set up a commission to investigate, claiming the state had been offered Pegasus spyware by NSO.
In Andhra Pradesh, political tensions arose over suspicions that Pegasus was used to monitor rival political figures, with accusations directed at both the previous and current state governments. The controversy continues to unfold, highlighting the far-reaching implications of spyware use in India.