In a significant legal victory for WhatsApp, the NSO Group, known for developing spyware, has been ordered to pay over $167 million in damages following a hacking campaign that impacted more than 1,400 users in 2019. After a protracted five-year lawsuit, a jury determined that NSO Group is liable for $167,256,000 in punitive damages and approximately $444,719 in compensatory damages.
WhatsApp had sought over $400,000 in damages to compensate for the resources its team dedicated to addressing the security breaches, investigating the incidents, and implementing necessary fixes. WhatsApp spokesperson Zade Alsawah described this ruling as historic, marking a pivotal step towards securing privacy against illegal spyware operations. He emphasized the verdict as a deterrent aimed at curbing the malicious practices of spyware vendors targeting American firms and their users.
In contrast, NSO Group’s representative, Gil Lainer, hinted at the possibility of an appeal, stating they would evaluate the verdict closely and consider further legal actions.
The case unveiled various revelations about the targeting strategies NSO employed, including the identities of some victims. WhatsApp filed the initial lawsuit against NSO Group after it was accused of exploiting a vulnerability in its app to access servers and surveil citizens, activists, and journalists.
WhatsApp’s head, Will Cathcart, previously articulated the lawsuit’s motive in a Washington Post op-ed, warning that the misuse of surveillance technologies poses a significant threat to individual privacy and the broader community.
Last December, Judge Phyllis Hamilton ruled that NSO Group had violated both federal and state anti-hacking laws, as well as WhatsApp’s user policies prohibiting malicious use of its services. Following this ruling, Cathcart celebrated the outcome, heralding it as a substantial triumph for privacy rights and providing notice to surveillance firms about the consequences of illegal activities.
With the jury’s recent decision, the case’s phase regarding damages has now concluded, signalling another blow to NSO Group’s reputation and operations. John Scott-Railton from Citizen Lab expressed that the ruling marks a critical juncture for those monitoring the spyware industry, highlighting that NSO’s business model relies on facilitating hacking for oppressive regimes. He noted that the trial has severely undermined NSO’s attempts to maintain anonymity regarding its business practices.
This ruling may also influence broader discussions regarding the accountability of companies engaged in the spyware industry and their role in global surveillance practices.
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