A Northern California jury has ordered NSO Group to pay $167 million in punitive damages for its role in hacking 1,400 WhatsApp users. The case stems from a Meta lawsuit filed in 2019, which alleged that NSO repeatedly attacked WhatsApp with its spyware, Pegasus, even after vulnerabilities were patched. WhatsApp argued that the spyware targeted individuals in civil society, not just criminals and terrorists, and the company was barred from presenting evidence of its own government clients’ activities during the trial. As a result, the court ruled in favor of WhatsApp, marking the first legal victory against illegal spyware.
In addition to the punitive damages, NSO Group was ordered to pay $445,000 in compensatory damages to WhatsApp to reimburse the company’s efforts to block the attacks. WhatsApp hailed the decision, emphasizing the significant deterrent it creates for malicious actors in the spyware industry. The company stated that this trial revealed the widespread nature of spyware targeting, which poses a global threat to privacy and security. The verdict is seen as a major victory for digital freedom advocates who have long campaigned against surveillance technology used by authoritarian governments.
During the trial, NSO executives revealed how Pegasus spyware operates, including the ability to compromise both iOS and Android devices through various attack vectors.
The company’s reputation has been severely damaged by the trial, and it is now considering appealing the verdict. However, experts warn that even if NSO Group goes bankrupt, the spyware could continue under different names or through other entities, thus sustaining its harmful impact.
This case highlights the larger issue of spyware being used to target human rights defenders and journalists globally.
Digital freedom advocates celebrated the verdict, calling it a significant blow to NSO’s business and an important step toward accountability. The decision also came as a victory for those who have been targeted by NSO’s spyware, including activists, journalists, and government critics. However, some cybersecurity experts cautioned that NSO’s financial downfall may not end the use of Pegasus technology. Despite the damages, the spyware industry remains a significant threat that continues to evolve, underscoring the ongoing challenge of protecting digital rights.
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