US District Judge Phyllis Hamilton has reduced the damages Meta is getting from the NSO Group from $167 million to $4 million, but she has also ordered the Israeli spyware maker to stop targeting WhatsApp. If you’ll recall, Meta sued the NSO Group in 2019 over its Pegasus spyware, which it said was used to spy on 1,400 people from 20 countries, including journalists and human rights activists. Meta said at the time that Pegasus can infect targets’ devices even without their participation by sending text messages with malicious codes to WhatsApp. Even a missed call is enough to infect somebody’s device.
According to Courthouse News Service, Hamilton reduced the damages because they would need to follow a legal framework designed to proportionate damages. However, she has also handed down a permanent injunction on the NSO Group’s efforts to break into WhatsApp. In her decision, she took note of statements made by NSO’s lawyers and its own CEO revealing that it hasn’t stopped collecting WhatsApp messages and trying to get around the messaging app’s security measures. The defendants previously said that the injunction Meta was requesting would “put NSO’s entire enterprise at risk” and “force NSO out of business,” since WhatsApp is one of the Pegasus spyware’s main ways to infect targets’ devices.
“Today’s ruling bans spyware maker NSO from ever targeting WhatsApp and our global users again,” said Will Cathcart, Head of WhatsApp. “We applaud this decision that comes after six years of litigation to hold NSO accountable for targeting members of civil society. It sets an important precedent that there are serious consequences to attacking an American company.”
Hamilton wrote that the proposed injunction requires the Israeli company to delete and destroy computer code related to Meta’s platforms, and that she concluded that the provision is “necessary to prevent future violations, especially given the undetectable nature of defendants’ technology.” It’s not quite clear how Meta will ensure that the NSO Group doesn’t use WhatsApp to infect its users’ devices again. Notably, the NSO Group was recently acquired by an American investment group that invested tens of millions of dollars into it to take controlling ownership.
