A U.S. judge has granted Meta’s request to block spyware maker NSO Group from accessing WhatsApp, but sharply reduced its damages from $167 million to just $4 million.
A Legal Victory for WhatsApp — with a Catch
After six years of litigation, Meta-owned WhatsApp has won a permanent injunction against NSO Group, the controversial Israeli cyberintelligence firm known for its spyware tools like Pegasus.
- The ruling by U.S. District Judge Phyllis Hamilton permanently bans NSO from using or targeting WhatsApp or its users.
- NSO was originally ordered by a jury to pay over $167 million in damages for its 2019 cyberattack that compromised more than 1,400 users, including journalists and human rights activists.
But in a significant reversal, the judge capped punitive damages at a 9-to-1 ratio, reducing the payout to just $4 million.
The 2019 Spyware Attack That Sparked the Lawsuit
The lawsuit stems from a targeted surveillance campaign carried out via WhatsApp in 2019, in which NSO Group allegedly:
- Exploited a vulnerability in WhatsApp’s voice-calling system
- Installed spyware on devices simply by placing a call — even if the user didn’t answer
- Targeted over 1,400 users, including dissidents, journalists, and human rights defenders
This marked one of the first times a big tech company sued a spyware vendor, setting a precedent for legal action against state-grade surveillance tools.
WhatsApp Reacts: A Win for Civil Society
Will Cathcart, Head of WhatsApp, hailed the ruling as a major victory for user privacy and accountability.
“This decision bans spyware maker NSO from ever targeting WhatsApp and our global users again,” said Cathcart.
“We applaud this decision… to hold NSO accountable for targeting members of civil society.”
The ruling reinforces Meta’s long-standing position that NSO’s spyware operations violate U.S. law and undermine human rights.
NSO Group’s Future — U.S. Ownership, Ongoing Scrutiny
NSO Group has faced mounting global scrutiny, including being blacklisted by the U.S. Commerce Department in 2021. It has also been accused of:
- Facilitating government surveillance of dissidents, including journalists like Jamal Khashoggi
- Selling spyware to repressive regimes, including in Saudi Arabia, Mexico, and the UAE
In a recent development, NSO confirmed it is being acquired by U.S. investors, potentially shifting the company’s future trajectory — though it remains unclear whether this ownership change will impact its regulatory or legal status.
Why the Damages Were Slashed
Although a jury initially awarded Meta over $167 million, Judge Hamilton ruled there was not enough evidence to justify the full punitive award.
- She cited a lack of proof that NSO’s behavior met the standard of “particularly egregious” conduct required for higher damages.
- The 9-to-1 cap on punitive-to-compensatory damages is a constitutional limit established by the Supreme Court.
Still, the symbolic value of the injunction — barring NSO from ever targeting WhatsApp again — remains a substantial win for Meta.
