
A United States federal judge has issued an injunction preventing Israeli spyware firm NSO Group from targeting WhatsApp users, ruling that the company’s software causes “irreparable harm” to Meta, WhatsApp’s parent company. At the same time, the court reduced an earlier damages award from $168 million to $4 million, citing insufficient evidence to support the initial sum.
Court Ruling Highlights Ongoing Harm
On Friday, District Judge Phyllis Hamilton granted Meta an injunction against NSO, noting that the firm’s spyware, Pegasus, had caused “direct harm” and that the threat remains ongoing.
“There is no dispute that the conduct is ongoing,” Hamilton said, adding that NSO’s activities undermine one of WhatsApp’s core purposes: informational privacy.
Hamilton emphasized that unauthorized access by spyware interferes with the service WhatsApp provides—secure, encrypted messaging for millions of users worldwide.
Pegasus Spyware: Methods and Misuse
Evidence presented at trial showed that NSO reverse-engineered WhatsApp code to stealthily install Pegasus on users’ devices. The software was repeatedly modified to bypass security updates and detection mechanisms.
NSO, founded in 2010 and based in Herzliya, Israel, markets Pegasus as a tool for law enforcement and intelligence agencies to combat crime and terrorism. However, Meta’s lawsuit, filed in California federal court in 2019, alleged that NSO exploited WhatsApp to target journalists, lawyers, human rights activists, and civil society members.
Independent cybersecurity experts have reported that Pegasus has been deployed by nation-states with poor human rights records to surveil political opponents and critics.
Court Limits Punitive Damages
While Judge Hamilton upheld Meta’s injunction, she ruled that the initial punitive damages award of $168 million was excessive. She capped the damages at $4 million, citing that there is insufficient precedent for unlawful electronic surveillance cases in the smartphone era to justify the higher sum.
“There have simply not yet been enough cases involving unlawful electronic surveillance in the smartphone era for the court to conclude that defendants’ conduct was particularly egregious,” Hamilton wrote.
WhatsApp Response and Global Implications
Will Cathcart, head of WhatsApp, praised the ruling, stating:
“The ruling bans spyware maker NSO from ever targeting WhatsApp and our global users again. We applaud this decision that comes after six years of litigation to hold NSO accountable for targeting members of civil society.”
Meta had requested that the injunction extend to its other platforms, including Facebook, Instagram, and Threads, but the judge ruled that there was insufficient evidence to determine if similar harms had occurred on these services.
Significance of the Ruling
The case sets a global precedent for tech companies combating spyware targeting their users. It underscores the legal accountability of spyware firms and the protection of digital privacy rights in the era of sophisticated cyber surveillance.
Experts note that NSO’s Pegasus spyware has been linked to multiple privacy violations worldwide, highlighting the need for stronger regulatory oversight of government-grade spyware and corporate responsibility for cybersecurity breaches.
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