Israeli spyware company NSO Group has requested a new trial after a US jury ordered it to pay$168 million in damages to WhatsApp.
The company, which has faced mounting legal and financial troubles, filed a motion in a California federal court last week seeking to reduce the verdict or secure a retrial.
The May verdict awarded WhatsApp$444,719 in compensatory damages and$167.25 million in punitive damages. Jurors found that NSO exploited vulnerabilities in the encrypted platform and sold the exploit to clients who allegedly used it to target journalists, activists and political rivals.
WhatsApp, owned by Meta, filed the lawsuit in 2019.
NSO claims the punitive award is unconstitutional, arguing it is over 376 times greater than the compensatory damages and far exceeds the US Supreme Court's general guidance of a 4:1 ratio.
The firm also said it cannot afford the penalty, citing losses of$9 million in 2023 and$12 million in 2024. Its CEO testified that the company is 'struggling to keep our heads above water'.
WhatsApp, responding to TechCrunch in a statement, said NSO was once again trying to evade accountability. The company vowed to continue its legal campaign, including efforts to secure a permanent injunction that would prevent NSO from ever targeting WhatsApp or its users again.
Would you like to learn more about AI, tech and digital diplomacy?If so,ask our Diplo chatbot!