The U.S. Supreme Court declined to hear NSO Group’s appeal on January 9, 2023, leaving in place a Ninth Circuit ruling that allowed WhatsApp’s lawsuit against the spyware company to continue. The Court did not decide whether NSO was liable or announce a general rule for other spyware lawsuits.
What did the Supreme Court decide?
In NSO Group Technologies Limited v. WhatsApp Inc., No. 21-1338, the Supreme Court denied NSO Group’s petition for a writ of certiorari on January 9, 2023. A certiorari petition asks the Court to review a lower-court decision. The Court declined that request and issued no opinion explaining its reasons. The Supreme Court docket and its January 9, 2023 order list record the denial.
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That action left the Ninth Circuit’s ruling undisturbed. It was not a Supreme Court finding that NSO lacked immunity, and it did not decide the merits of WhatsApp’s claims.
Why was NSO seeking immunity?
WhatsApp sued NSO Group, a privately operated Israeli corporation, over alleged spyware activity. The Ninth Circuit’s 2021 opinion recounts WhatsApp’s allegation that NSO used WhatsApp’s server system to send malware to approximately 1,400 mobile devices. That number describes an allegation in the case, not a finding by the Supreme Court.
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NSO argued that it should be protected by foreign-official immunity, a doctrine associated with the acts of foreign states and their officials. On November 8, 2021, the Ninth Circuit rejected NSO’s effort to use that immunity argument to end the case at that stage. The appellate court’s decision addressed the immunity issue before it; it did not resolve whether NSO was liable for the alleged conduct. Read the Ninth Circuit opinion.
Does the denial mean NSO lost the case?
No. NSO lost its bid to have the Supreme Court review the Ninth Circuit ruling, but the denial itself was not a ruling on liability. It left the lower-court decision in place, allowing WhatsApp’s civil case to continue in the district court.
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The case later reached a jury. On May 6, 2025, Meta said the jury had awarded $167.3 million in punitive damages and $444,719 in compensatory damages. Those are amounts reported by Meta, a party to the case, in its May 6, 2025 statement. They should not be treated as the amount currently owed without checking for subsequent court orders or changes.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.Does this open the door to more lawsuits against spyware companies?
The Ninth Circuit’s ruling may matter to other efforts to hold spyware developers accountable because it rejected NSO’s immunity argument in this case. But the Supreme Court’s refusal to review that ruling is not a nationwide merits decision. It does not automatically let every potential plaintiff sue NSO or another spyware company, remove all possible defenses, or establish liability in a different case. Questions such as jurisdiction, evidence and applicable defenses depend on the facts and law of each lawsuit.
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The practical result of the January 2023 action is narrower: the Ninth Circuit ruling remained in place, and WhatsApp’s case could proceed.
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