WhatsApp: After a five-year legal showdown, WhatsApp has emerged victorious in its case against Israeli spyware company NSO Group. The US court has ordered NSO Group to pay a massive $167,254,000 in punitive damages and an additional $444,719 in compensatory damages to WhatsApp, marking a major win in the global fight against illegal surveillance.

The origins of this case go back to 2019, when WhatsApp—owned by Meta—discovered that the NSO Group had exploited a vulnerability in the app’s audio-calling feature. Using this security flaw, NSO’s notorious spyware Pegasus was able to infect more than 1,400 devices worldwide without the users’ consent or awareness. The victims included a wide range of individuals, such as journalists, human rights advocates, political dissidents, and legal professionals.

In response, WhatsApp filed a lawsuit the same year, accusing NSO Group of hacking its servers and violating both US federal and California state laws. Last December, a US judge ruled in favour of WhatsApp, declaring the spyware maker legally responsible for the breaches.

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Following the court’s decision, WhatsApp spokesperson Zade Alsawah called the judgement a “historic victory” and a major step forward in safeguarding user privacy and security. WhatsApp’s head, Will Cathcart, also weighed in, reportedly stating that “the lawsuit is a wake-up call for tech companies, the government, and internet users.”

While the court’s ruling is a significant moment for digital rights, NSO Group hasn’t backed down just yet. The company has said it may appeal the decision. It has also been under growing international criticism for selling its Pegasus spyware to governments with controversial human rights records. The tool has allegedly been used to monitor individuals who were not security threats but outspoken critics of government actions.

Adding to the gravity of the case, John Scott-Railton, a senior researcher at Citizen Lab, pointed out a rare move by WhatsApp. He said, “WhatsApp is publishing the transcribed NSO Group Depositions. This is an unprecedented view for investigators into NSO’s business, exploit development, operations & financials. Nothing like this has ever been made public about any spyware company.”

The implications of this case could ripple far beyond WhatsApp and NSO Group, setting a precedent for how courts might handle digital surveillance and spyware going forward.

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