Yesterday, May 6, 2025, a California jury found that NSO
Group should pay $447,719 in compensatory damages and a
staggering $167,254,000 in punitive damages for targeting
WhatsApp’s infrastructure with Pegasus spyware. This is
the first time NSO, which has been at the center of human
rights violations against journalists, activists, and
dissidents around the world, is to pay damages for its
hacking operations.
The decision comes after a
weeklong trial and a six-year bitter legal battle between
the notorious Israeli spyware company and U.S. Big Tech
giant Meta. In January 2025, the U.S. District Court of
Northern California judge ruled in a historic
summary judgment decision that NSO violated
federal and California state hacking statutes and breached
WhatsApp’s Terms of Service, leaving the jury to decide
only on how much damages NSO would have to
pay.
“Today’s verdict against NSO is
an enormous victory for digital rights and for victims of
Pegasus spyware around the world,” said Natalia
Krapiva, Senior Tech Legal Counsel at Access Now.
“Congratulations to Meta for sticking with their lawsuit
and holding NSO to account. We urge other companies whose
infrastructure and users are targeted by NSO and other
spyware companies to explore filing similar legal
actions.”
For the past six years,
Access Now and civil society partners have been advocating
for accountability for NSO for targeting WhatsApp’s users
with Pegasus spyware. In December 2020, Access Now, along
with partners, submitted an
amicus brief highlighting the stories
of civil society victims of NSO when the case was heard by
the U.S. Federal 9th Circuit Court.
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“This verdict
sends a clear message to spyware companies that targeting
people through U.S.-based platforms will come with a high
price,” said Michael De Dora, U.S. Policy and
Advocacy Manager at Access Now. “It underscores
the importance of U.S. institutions protecting the digital
infrastructure and individuals that rely on it from unlawful
surveillance.”
In November 2022, Access Now and
partners asked
the Solicitor General to consider NSO’s human rights
conduct when making recommendations to the U.S. Supreme
Court about the case. After the 9th Circuit Court ruled
against NSO and the Supreme Court denied hearing NSO’s
appeal, the case went back to the District Court in Northern
California, resulting in today’s
verdict.