US Judge Bars NSO from Targeting WhatsApp, Narrows Damages in Meta Suit
US District Judge Phyllis Hamilton has cut damages awarded to Meta from $167 million to $4 million in its 2019 suit against the Israeli spyware firm NSO Group, but issued a permanent injunction preventing NSO from targeting WhatsApp. The ruling follows allegations that NSO used its Pegasus spyware to spy on journalists, activists and others by exploiting WhatsApp vulnerabilities.
Hamilton reduced monetary damages citing proportionality rules, yet concluded an injunction was necessary to prevent future violations given the “undetectable nature” of the defendants’ technology. She also ordered NSO to delete and destroy computer code related to Meta’s platforms as part of the injunction.
- Meta alleged Pegasus could infect devices via malicious WhatsApp messages or even missed calls.
- The court noted statements by NSO personnel and its CEO indicating continued collection of WhatsApp messages and attempts to bypass security.
- Defendants argued an injunction would risk NSO’s business; the company was recently acquired by a U.S. investment group that took controlling ownership.
Will Cathcart, head of WhatsApp, said the ban protects global users and sets an important precedent. It remains unclear how Meta or the court will ensure NSO cannot resume targeting WhatsApp, especially given the technical and jurisdictional challenges involved in policing spyware developers.
Read the original Engadget report.
Implications:
- Legal: the injunction sets a precedent for tech companies to seek remedies against spyware makers.
- Technical: enforcing deletion of code and preventing re-targeting is complex and may require ongoing monitoring and cooperation across jurisdictions.
- Policy: raises questions about international controls on surveillance tech and accountability mechanisms for spyware developers.
Discussion: Do you think a court injunction is enough to stop companies like NSO from abusing messaging platforms, or are stronger international controls needed?