NSO permanently barred from targeting WhatsApp users with Pegasus spyware
The judge went on to deny Meta’s request that the injunction bar foreign governments that may use WhatsApp. She said that sovereign governments weren’t parties to the lawsuit. Friday’s ruling also denied Meta’s request that the injunction bar NSO from targeting users of other Meta properties such as Facebook and Instagram on the grounds there was no evidence presented concerning targeting of them. “Today’s ruling bans spyware maker NSO from ever targeting WhatsApp and our global users again,” WhatsApp head Will Cathcart said in a statement. “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 also slashed the punitive damages a jury awarded to Meta from $167 million to $4 million. The judge said the standard the jury based the amount on wasn’t proper. Under the correct standard, punitive damages must be capped at $4 million, she said. Pegasus is among the most advanced means of surveilling iPhones and Android devices. Pegasus often infects devices using “zero-click” exploits, meaning they require no interaction on the part of targeted users. Both Apple and Google expend significant resources to secure their operating systems; Pegasus defeats these defenses by spending large sums reverse engineering the OSes. NSO has said that it licenses Pegasus only to governments that a careful vetting shows don’t abuse their use of the spyware. As was demonstrated in the WhatsApp case, dissidents, journalists, and others have been targeted anyway. The ruling is significant because, as Carthcart noted, it sets a precedent that other US parties who are in the same position as Meta can cite in any cases they bring against NSO. NSO didn’t answer an email seeking comment.