In a major privacy victory, WhatsApp has won a $167 million lawsuit against Israeli spyware maker NSO Group, marking a historic legal blow to the surveillance industry.
After a five-year legal fight, a U.S. jury ruled on Tuesday that NSO must pay $167,254,000 in punitive damages and $444,719 in compensatory damages. The decision stems from NSO Group’s 2019 spyware attack, which targeted over 1,400 WhatsApp users globally.
Jury Sides with WhatsApp in Landmark Privacy Case
Meta-owned WhatsApp accused NSO Group of hacking its servers and exploiting an audio-calling vulnerability to plant spyware on users’ devices. Victims included journalists, human rights activists, and political dissidents.
WhatsApp claimed over $400,000 in damages for the internal labor needed to investigate and fix the breach. The jury ultimately sided with WhatsApp, awarding the full amount requested in compensatory damages, plus punitive damages meant to deter future spyware attacks.
Zade Alsawah, a spokesperson for WhatsApp, hailed the ruling: “This is the first victory against illegal spyware that threatens the safety and privacy of everyone.”
He added that the decision should act as a strong deterrent to companies that develop or sell surveillance tools.
NSO Group May Appeal
NSO Group, best known for its controversial Pegasus spyware, responded to the ruling with caution. “We will carefully examine the verdict’s details and pursue appropriate legal remedies,” said spokesperson Gil Lainer, signaling a possible appeal.
Throughout the trial, new details surfaced about the targets of NSO’s spyware and the governments that paid for its services.
John Scott-Railton of Citizen Lab, a leading spyware watchdog, praised the ruling: “NSO makes millions helping dictators hack people. The jury saw through it in just one day.”
He added that the verdict not only financially hurt NSO, but also exposed their secretive business practices.
WhatsApp first filed the lawsuit in October 2019, accusing NSO of violating both California and federal hacking laws, as well as WhatsApp’s own terms of service.
In December 2023, U.S. District Judge Phyllis Hamilton ruled in favor of WhatsApp, finding NSO liable for the attack. The recent jury trial was held to determine damages.
Will Cathcart, head of WhatsApp, previously wrote in a Washington Post op-ed that spyware tools are being widely abused. “This should be a wake-up call. The unchecked spread of spyware endangers everyone.”
Cathcart celebrated the final ruling on X, calling it a “huge win for privacy”, and said it sends a message: “Illegal spying won’t be tolerated.”
What This Means for the Spyware Industry
The WhatsApp spyware lawsuit may set a powerful precedent for future legal battles. Spyware companies have long operated in a legal gray area, but this case shows that tech firms can fight back — and win.
For NSO Group, the damage is both financial and reputational. Their clients, typically governments and law enforcement agencies, may now rethink their relationships.
Meanwhile, privacy advocates view the ruling as a turning point. As Scott-Railton put it: “The company emerges from this trial severely damaged.”
