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Spyware developer NSO Group responds to the ruling, saying it is committed to “ensuring our technology is deployed solely for their legitimate, authorised purposes”.
A US federal jury has determined that spyware maker the NSO Group is liable for US$167.3 million in damages following a judge’s ruling that it was responsible for infecting 1,400 users of the WhatsApp messaging platform with its Pegasus spyware.
Northern California District Court Judge Phyllis Hamilton ruled in favour of WhatsApp in the spying case in December, saying that the Israeli firm had violated several anti-hacking laws.
The NSO Group must also pay US$444,719 in compensatory damages.
A spokesperson for Meta, which owns WhatsApp, called the 6 May finding “an important step forward for privacy and security as the first victory against the development and use of illegal spyware that threatens the safety and privacy of everyone”.
“Today, the jury’s decision to force NSO, a notorious foreign spyware merchant, to pay damages is a critical deterrent to this malicious industry against their illegal acts aimed at American companies and the privacy and security of the people we serve,” the spokesperson said.
Meta and WhatsApp have been pursuing their case against the NSO Group for six years, after WhatsApp detected the Pegasus spyware targeting journalists, civil rights activists, and diplomats.
“At the time, we worked with Citizen Lab to further investigate and alert the people who we believe were targeted – both so we could learn more about the attack and inform them about the steps they can take to secure their devices,” Meta said in a blog post.
Gil Lanier, a spokesperson for the NSO Group, responded to the ruling by contending that “our technology plays a critical role in preventing serious crime and terrorism and is deployed responsibly by authorised government agencies”.
“This perspective, validated by extensive real-world evidence and numerous security operations that have saved many lives, including American lives, was excluded from the jury’s consideration in this case,” Lanier said.
John Scott-Railton, digital forensic researcher at the Citizen Lab, told The Record that the NSO Group came out of the trial with its reputation “severely damaged”.
“Aside from the huge punitive damages, the bigger impact of this case has also been a huge blow to NSO’s efforts to hide their business activities,” Scott-Railton said.
Numerous revelations about the company’s operations emerged throughout the trial. In June of 2024, an NSO Group spokesperson claimed that certain individuals, “by virtue of their positions in government or military organisations, are the subject of legitimate intelligence investigations”, and in July, it was revealed that the Israeli government had intervened to protect the spyware maker from legal discovery during the trial.
Following the jury’s ruling, both the NSO Group and WhatsApp expect to spend more time in court.
“Today’s jury decision marks another step in a lengthy judicial process,” Lanier said.
“We will carefully examine the verdict’s details and pursue appropriate legal remedies, including further proceedings and an appeal.”
Similarly, Meta said it expects “a long road ahead to collect awarded damages from NSO, and we plan to do so”.
David Hollingworth has been writing about technology for over 20 years, and has worked for a range of print and online titles in his career. He is enjoying getting to grips with cyber security, especially when it lets him talk about Lego.
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