Interestingly, the NSO Group claims to not operate at all in the USA. I can imagine the geopolitical optics of why they might make that claim, but isn't it worse than that? With that claim as a pretext, this sounds like it meets every element of espionage, other than the requirement that the spying be detrimental to the USA's national security, and we don't know yet what data NSO Group was collecting or who they were targeting.