A federal jury in San Jose, California, has delivered a significant ruling in favor of WhatsApp, awarding the messaging platform $168 million in damages in its cyberespionage lawsuit against NSO Group. The verdict is a culmination of legal battles that began when WhatsApp accused the Israeli technology firm of using its Pegasus spyware to compromise the devices of various targeted individuals, including journalists and human rights advocates.
In its 2019 lawsuit, WhatsApp alleged that NSO Group had infiltrated the smartphones of users by deploying the malicious software, fundamentally breaching privacy protections. The company emphasized the dangerous potential of Pegasus, stating that it could allow attackers to monitor user activities through various applications installed on compromised devices. This software could even remotely activate microphones and cameras without the users’ knowledge.
The jury’s decision included a breakdown of damages: $444,719 in compensatory damages and a staggering $167 million in punitive damages aimed at deterring NSO Group from repeating such actions in the future. In response, NSO Group’s vice president of global communication, Gil Lainer, indicated that the company plans to evaluate the verdict carefully, considering the possibility of an appeal. He defended the firm’s technologies, asserting that they play a crucial role in aiding government agencies to combat serious crime and terrorism.
During the trial, evidence suggested that NSO Group had developed sophisticated methods to plant spyware not only through WhatsApp but also by exploiting vulnerabilities in other technologies. WhatsApp alleged that the company invested heavily to find ways to deliver malicious code via platforms including messaging applications, web browsers, and even operating systems.
The use of Pegasus has attracted scrutiny over the years, with independent investigations linking it to attempts to target individuals in countries known for repressive governance. A notable case involved Emirati activist Ahmed Mansoor, who was targeted in 2016, prompting Apple to release a critical software update to protect its users more effectively.
Recognizing the urgent need for robust countermeasures against such spyware, Meta, WhatsApp’s parent company, expressed its commitment to fighting the proliferation of surveillance technologies that threaten user privacy. The blog post released by the company highlighted the necessity for collective effort against these malicious practices.
The lawsuit detailed how attackers managed to reverse-engineer the WhatsApp application, creating a program that mimicked genuine network traffic to inject harmful code into users’ devices. This method permitted attackers to access communication that, while encrypted during transit, could be decrypted once it reached its destination.
Founded in 2010, NSO Group operates from Herzliya, a tech hub located near Tel Aviv. The lawsuit represents a broader fight against espionage technologies that many see as a significant risk to digital privacy globally.
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