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A U.S. court has ordered Israeli spyware firm NSO Group to pay $168 million in damages, marking the first legal victory against a spyware developer. The plaintiff, messaging service WhatsApp, proved that its users were targeted via a call system vulnerability. Victims included journalists, human rights defenders, and diplomats.
The attack occurred in 2019, with Pegasus infecting phones through missed calls. The spyware accessed messages, geolocation, photos, and could activate the camera and microphone. WhatsApp, owned by Meta, quickly patched the issue and filed a lawsuit in California.
The jury awarded $167.3 million in punitive damages and $444,000 in compensatory damages. Meta plans to donate the funds, if recovered, to digital rights organizations. It is also seeking a court order to permanently block Pegasus from targeting WhatsApp.
This case set a precedent, bringing spyware developers to legal accountability and revealing the methods of digital surveillance. NSO admitted that Pegasus continues to operate against modern iOS and Android devices.
WhatsApp is not alone. In 2021, Apple filed a lawsuit against NSO but later withdrew it to avoid disclosing proprietary technologies. Meanwhile, journalists from El Faro, whose phones were infected 226 times, have an ongoing case in a U.S. appellate court.
The journalists argue that the spyware attacks coincided with their reporting on El Salvador’s government. They demand that NSO disclose clients, delete stolen data, and confirm its destruction.
International organizations have expressed concern. In January, the UN Security Council held its first meeting on threats posed by commercial spyware. The session was initiated by the U.S. and 15 other countries, including the UK, France, Poland, and Greece.
Experts warn that spyware technology has become a global threat, not only to human rights defenders but to international stability. According to Citizen Lab, Barcelona has become a hub for such technologies.
EFF notes that Pegasus is widely used for political surveillance. The case may shift the global legal landscape, making companies that sell mass surveillance tools subject to international scrutiny and responsibility.
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