A jury has ruled that the company behind the infamous Pegasus spyware must pay Meta more than $167 million in damages for spreading malware via WhatsApp. The ruling is a major victory for Meta after a years-long legal battle with NSO Group.
Meta sued the NSO Group in 2019 over its Pegasus spyware. Meta said at the time that more than 1,400 people in 20 countries had been targeted, including journalists and human rights activists. The company said that the “highly sophisticated cyber attack” spread malware via video calls even when the calls went unanswered. Last year, a judge sided with Meta and found the Israeli company had violated the US Computer Fraud and Abuse Act. Tuesday’s verdict followed a week-long jury trial to determine just how much NSO should pay in damages to Meta.
The jury ultimately awarded Meta $444,719 in compensatory damages and $167,254,000 in punitive damages. In a statement, WhatsApp’s VP of Global Communications Carl Woog called the verdict “a critical deterrent to this malicious industry against their illegal acts aimed at American companies and the privacy and security of the people we serve.”
NSO Group, which describes itself as a “cyber intelligence” firm, has said that it’s not possible to use Pegasus on US phone numbers. In court, lawyers for the firm argued that WhatsApp wasn’t harmed in any way by Pegasus, according to Courthouse News Service.
In a statement, NSO’s Gil Lainer said the verdict was “another step in a lengthy judicial process” and said it would pursue “further proceedings” or an appeal. “We firmly believe that our technology plays a critical role in preventing serious crime and terrorism and is deployed responsibly by authorized government agencies,” Lainer said. “This perspective, validated by extensive real-world evidence and numerous security operations that have saved many lives, including American lives, was excluded from the jury’s consideration in this case.”
WhatsApp’s Woog said Meta knows it has “a long road ahead” to collect damages from NSO. “Ultimately, we would like to make a donation to digital rights organizations that are working to defend people against such attacks around the world,” he said. He added that Meta plans to pursue a court order to prevent NSO from targeting WhatsApp in the future.
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