A federal jury in San Jose, California, has ordered the Israeli cybersecurity company NSO to pay nearly $170 million to WhatsApp after ruling that the firm used the messaging platform to spy on around 1,500 individuals, including journalists, human rights advocates, and political dissidents, in 2019.
The jury’s decision marks the conclusion of a lengthy six-year legal battle. WhatsApp described the ruling as a significant outcome for privacy rights and a precedent against the misuse of illegal spyware. In its statement, the company highlighted the serious implications that the use of such technologies can have on personal safety and privacy.
The punitive damages awarded to WhatsApp total $167 million, alongside $440,000 in compensatory damages. The lawsuit began in 2019 when Meta, then known as Facebook, accused NSO Group Technologies Limited of deploying its Pegasus malware through WhatsApp, impacting users’ smartphones between April and May of that year.
Those targeted included attorneys, activists, journalists, and government officials from several countries, including Bahrain, the United Arab Emirates, and Mexico. The identities of those who allegedly contracted NSO for the surveillance were not disclosed in the court proceedings.
Throughout the trial, evidence emerged showing that Pegasus, once installed, could access virtually any data on an infected device. This included financial details, emails, text messages, and even control over microphones and cameras, raising serious concerns about state surveillance and privacy violations.
A key ruling in December had already favored WhatsApp, leading the jury to deliberate on the damages this week. WhatsApp head Will Cathcart emphasized the ruling as a critical deterrent to future illegal activities in the spyware industry, particularly concerning American companies and global users. He also stated the company’s intent to seek a court order to prevent NSO from targeting WhatsApp again.
WhatsApp further noted that the trial revealed NSO’s broader targeting strategy, indicating that the company had employed various spyware installation methods to exploit technologies beyond WhatsApp. The messaging service pledged to continue its fight against spyware vendors that indiscriminately target individuals worldwide, underlining its commitment to user privacy.
The outcome of the trial signals a growing recognition of the potential dangers posed by spyware technologies. As digital communication becomes more ingrained in society, the protection of user rights continues to be a pressing concern in the realms of technology and law.
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