WASHINGTON, May 6 (Reuters) -
Meta Platforms ( META ) won a $168 million verdict against the
Israeli surveillance firm NSO, the company said Tuesday, capping
a six-year arm wrestling match between America's biggest social
networking platform and the world's best known spyware company.
Meta had already won a December ruling finding that NSO had
unlawfully exploited a bug in its messaging service WhatsApp to
plant spy software on its users' phones. On Tuesday, a jury in
California ruled that NSO owed Meta $444,719 in compensatory
damages - and $167.3 million in punitive damages, Meta said.
"Today's verdict in WhatsApp's case is an important step
forward for privacy and security as the first victory against
the development and use of illegal spyware that threatens the
safety and privacy of everyone," Meta said in a statement.
In its statement, NSO said it would "carefully examine
the verdict's details and pursue appropriate legal remedies,
including further proceedings and an appeal."
NSO, an Israeli firm that first drew global attention in
2016, has become "a poster child for the surveillance industry
and their abuses and impunity," said Natalia Krapiva, a senior
lawyer with the human rights group Access Now. NSO has long
argued that its software is used to track terrorists and
pedophiles, but the firm has been implicated in abusive
surveillance in countries around the world, including Saudi
Arabia, Spain, Mexico, Poland, and El Salvador.
WhatsApp's lawsuit - which was filed in 2019 and at one
point made its way to the Supreme Court - has been closely
followed both by NSO's competitors in the surveillance
technology space and by human rights advocates critical of the
industry.
Victims of state-backed hacking have struggled to hold
suppliers of spy software accountable for what their customers
do with their tools, while hacking firms have long worried that
their products could draw legal sanctions. The WhatsApp verdict
was a sign that both outcomes were possible, said Krapiva.
"This is something that will hopefully show spyware
companies that there will be consequences if you are careless,
if you are brazen, and if you act in such a way as NSO did in
these cases," she said.
Beyond sending a message to spyware merchants, the case also
pulled back the curtain - ever so slightly - on the inner
workings of NSO itself.
The court heard about NSO's 140 person-strong research team,
whose $50 million budget was in part devoted to exploiting
security vulnerabilities in smartphones. An attorney for the
company disclosed that its customers included Uzbekistan, Saudi
Arabia, and Mexico - rare on-the-record names from NSO's closely
guarded client list.
Much about the spyware company's targets and clients remains
unknown, in part because the firm refused to hand over evidence.
In her December ruling, District Judge Phyllis Hamilton accused
NSO of having "repeatedly failed to produce relevant discovery
and failed to obey court orders regarding such discovery." The
Guardian newspaper reported last year that Israeli officials had
seized documents from NSO in an effort to prevent the files from
making their way to U.S. court.
"This whole case is shrouded in so much secrecy," Hamilton
said during the trial. "There's so much that's not known."