US Jury Orders NSO Group to Pay $167.3 Million to WhatsApp in Cyber Espionage Case
Significant Verdict Against NSO Group
A jury in the United States has ruled that the Israeli spyware company NSO Group must pay WhatsApp $167.3 million in punitive damages related to a cyber espionage lawsuit from 2019, as reported by various news sources.
Additionally, the jury mandated that NSO Group pay $444,719 in compensatory damages.
WhatsApp, which is a subsidiary of the US-based Meta, initiated legal action against NSO Group in a federal court in Northern California in late 2019. The lawsuit accused the company of deploying Pegasus spyware on the devices of users, including journalists and activists, through the messaging platform.
The allegations stated that the spyware targeted approximately 1,400 users over a two-week span in April and May 2019.
In December, a US judge ruled in favor of WhatsApp, determining that NSO Group had unlawfully exploited a vulnerability in the app to install spyware on users' devices. The case then moved forward to address the damages owed.
Meta expressed that this verdict represents a crucial advancement for privacy and security, labeling it as a significant win against the illegal development and use of spyware that jeopardizes individual safety and privacy.
Gil Lainer, NSO’s vice president for global communication, stated that the company would thoroughly review the verdict and consider legal options, including an appeal. He emphasized their belief that their technology is vital in combating serious crime and terrorism, asserting that it is used responsibly by authorized government entities.
When installed on a device, Pegasus software can access phone calls, emails, location data, encrypted messages, and photos without the user's awareness.
NSO Group licenses this spyware to governments globally, claiming it only sells to vetted governments with strong human rights records, asserting that its purpose is to target criminals.
However, a July 2021 investigation by a coalition of 17 media organizations and Amnesty International revealed that Pegasus spyware was being misused for unauthorized surveillance of journalists, activists, and politicians worldwide, including in India.
In India, notable figures such as Congress leader Rahul Gandhi, former Election Commissioner Ashok Lavasa, and several Union ministers were reportedly among the potential targets of this surveillance.
The Indian government has denied these allegations, with Union IT Minister Ashwini Vaishnaw asserting in Parliament that illegal surveillance is not feasible in India.
In response to these claims, the Supreme Court of India established an expert committee to investigate. In August 2022, the court noted that some malware was detected on five of the 29 phones examined, though it remained unclear if it was Pegasus.
On April 29, the Supreme Court stated that possessing spyware for national security is not inherently wrong but expressed concerns regarding its potential misuse against private citizens. The next hearing for this case is scheduled for July 30.
In November 2021, the US government placed NSO Group on a blacklist, citing actions that contradicted US foreign policy and national security interests.