WhatsApp, the messaging application owned by Meta, received a permanent blocking decision during the lawsuit against the Israeli cyber intelligence company NSO Group. The decision was announced by a federal court in the USA. The case regarding the spyware attacks carried out by NSO Group in 2019 has been on the agenda of the technology world for a long time. During this process, it was documented that the company targeted WhatsApp users through its spyware called Pegasus.
The Pegasus software, which is at the center of the case, attracted attention by targeting human rights defenders, journalists and lawyers. The developed system could access voice calls, messages and even the microphone and camera by providing remote access to mobile devices. Such access was considered one of the most serious breaches in digital security. Although NSO Group claimed that it sold this software only to government institutions, the evidence obtained revealed that the situation was different. In addition to all this, the fact that the company operates on a global scale increased the dose of reactions. These initiatives, which particularly threaten the security of civil society, made it inevitable for Meta to take legal action.
WhatsApp is pleased with the decision
At the end of the court process, the jury ruled that NSO Group should pay 167 million dollars in compensation to Meta. Despite this, Judge Phyllis Hamilton of the Northern District of California ruled that the punitive damages rate was too high. The judge stated that there was no clear and sufficient evidence that NSO Group’s actions were “extremely malicious”. For this reason, the compensation ratio was reduced to 9 to 1. Thus, the $167 million fine was reduced to approximately $4 million. The decision was made in accordance with the principle of proportionality in the American legal system.
However, the court completely banned NSO Group from targeting WhatsApp users. This ban has been implemented in a way that does not allow any exceptions in the future. WhatsApp manager Will Cathcart stated that the decision was the result of a six-year legal struggle. According to Cathcart, NSO Group will no longer be able to perform any technical intervention on WhatsApp. On the other hand, this decision was also considered as a precedent in terms of protecting digital rights. In this way, other companies that use similar methods will have to stay within legal limits.
NSO Group’s Pegasus software has reached a wide customer base, including many countries. However, many questions have arisen about how these sales are controlled, how the software is used and who the targeted people are. Organizations such as Amnesty International and Citizen Lab have documented the use of Pegasus to silence dissenting voices in oppressive regimes. These findings revealed that NSO Group went beyond just being a technology manufacturer and created ethical problems on a global scale. In addition, the company’s activities that exceed legal frameworks did not escape the attention of the public. This caused the judicial bodies to make more careful and comprehensive decisions.
The ban becoming permanent reinforced Meta’s commitment to user security. It has become clear that the security of a globally used platform like WhatsApp must be protected not only by internal measures, but also by law. Although the litigation process took years, the result was considered a concrete gain for the protection of digital privacy. This approach of the court sent a strong message about how technology companies should act in similar situations. Thus, users regained the right to see platforms not only as communication tools but also as an area where their personal data is safe.
In addition, uncertainty continues regarding NSO Group’s future activities. It was revealed to the public that the company was about to be purchased by US-based investors. This situation raised questions about whether NSO Group would make any changes in its strategies and ethical approach. If the acquisition process is completed, it is a matter of curiosity how the new management will handle the liabilities arising from the company’s past practices. Although investors act by considering such risks, it seems that the public’s pressure on the company will continue. For this reason, the steps taken by the new administration will be closely monitored.