“Today’s verdict in WhatsApp’s case is 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,” WhatsApp parent Meta said.
Spyware-maker NSO ordered to pay $167 million for hacking WhatsApp
The jury verdict hands a huge loss to the Israel-based company, already banned from use in the U.S., after a years-long legal fight.
“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.”
NSO said it would probably appeal.
“NSO remains fully committed to its mission to develop technologies that protect public safety, while continuously strengthening our industry-leading compliance framework and ensuring our technology is deployed solely for their legitimate, authorized purposes by legitimate sovereign governments,” spokesman Gil Lanier said.
Meta said that if it collects the money from the Israeli company, it would donate to the sort of digital rights groups that have been critical in detecting and examining spyware attacks.
“We have a long road ahead to collect awarded damages from NSO and we plan to do so,” it said. “Ultimately, we would like to make a donation to digital rights organizations that are working to defend people against such attacks around the world. Our next step is to secure a court order to prevent NSO from ever targeting WhatsApp again.”
The Toronto-based nonprofit Citizen Lab, which led the way in exposing Pegasus, praised WhatsApp for persisting in its litigation and for notifying victims when it detected attacks.
“Back in 2019 no country had sanctioned NSO Group,” Citizen Lab researcher John Scott-Railton posted on Bluesky. “No parliamentary hearings, no hearings in congress, no serious investigations. For years, WhatsApp’s lawsuit helped carry momentum & showed governments that their tech sectors were in the crosshairs from mercenary spyware too.”
Hamilton’s December ruling held NSO liable for hacking into the Meta unit’s systems by sending malicious software through its servers to about 1,400 targeted phones, which Meta said belonged to government officials, journalists, human rights activists and dissidents in dozens of countries.
Hamilton also found that WhatsApp was entitled to sanctions against NSO for its refusal to turn over source code for the software in discovery, with the penalty to be determined later. She ruled that with the underlying legal issues settled, the case should proceed to trial only to determine how much the company should pay in civil damages.
The case included the first U.S. testimony from NSO executives, who have long taken pains to stay out of the public eye.
The jury’s award is by far the most consequential result from scores of lawsuits in an industry at the center of global disputes over governmental surveillance powers and individual freedoms. That it took so long to come to trial, after an appeal that reached the U.S. Supreme Court, underscores the high stakes and national interests involved.
The U.S. government blacklisted NSO and a handful of other companies and individuals after determining that they were operating in opposition to U.S. interests. Most American allies have been slow to follow suit.
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