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The apple giant is changing tactics in the fight against spyware.
Apple has filed a motion with the U.S. District Court for the Northern District of California to voluntarily dismiss the lawsuit against the Israeli company NSO Group, the developer of the Pegasus spyware.
In a document filed on September 13, 2024, Apple points to a number of reasons for this decision. Chief among them is the risk of disclosing important security information about Apple devices during a lawsuit.
According to company representatives, in the three years since the lawsuit was filed, the situation in the commercial spyware industry has changed significantly. NSO Group lost its leading position, but many other players appeared. As a result, defeating one company will no longer have the effect that Apple was counting on in 2021.
"When we filed this lawsuit almost three years ago, we understood that it would involve disclosing information to third parties. However, events that have occurred since then have changed the risk landscape associated with the disclosure of such information," Apple said in a statement.
In addition, Apple continues to improve its user protection system. Disclosure of information about this system in court, even with strict controls, can jeopardize its effectiveness.
"Compromise on this information – an inevitable risk when disclosing it to third parties – would seriously undermine the effectiveness of our program and ability to protect users, especially in high-threat environments where adversaries aggressively seek to obtain this information by any means necessary," the document emphasizes.
Apple also refers to media reports about a possible leak of materials from a similar lawsuit by WhatsApp against NSO Group. According to The Guardian, published on July 25, 2024, Israeli authorities seized documents from NSO Group to prevent their transfer to an American court.
The company notes that since the lawsuit was filed, many countries have recognized the risks that malicious spyware poses to their citizens. International agreements have been concluded recognizing the dangers of spyware to human rights and committing them to taking measures to mitigate its destructive impact.
Apple emphasizes that it remains confident in the validity of its claims against NSO Group. However, the company decided to focus on technical methods to combat spyware so as not to risk the safety of users.
"In order to avoid compromising on our commitment to the security of our users, and given the events described above, Apple has made the decision to prioritize its security expertise and advanced threat intelligence program for the time being to continue to stop destructive spyware through technical methods," the company states.
A court hearing to consider this petition is scheduled for October 24, 2024 in San Francisco. If Apple's request is granted, the case will be closed without the possibility of reconsideration.
Apple emphasizes that it does not take this decision lightly and is motivated by a course of action that will best protect its users. The company thanks the court for its thorough consideration of the issues presented so far in this case.
According to the filed documents, Apple does not believe that the dismissal of the case will cause any legal harm to NSO Group. The company notes that it is at an early stage of disclosure and NSO Group should not have incurred significant costs other than those normally associated with the consideration of a motion to dismiss the lawsuit.
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Apple has filed a motion with the U.S. District Court for the Northern District of California to voluntarily dismiss the lawsuit against the Israeli company NSO Group, the developer of the Pegasus spyware.
In a document filed on September 13, 2024, Apple points to a number of reasons for this decision. Chief among them is the risk of disclosing important security information about Apple devices during a lawsuit.
According to company representatives, in the three years since the lawsuit was filed, the situation in the commercial spyware industry has changed significantly. NSO Group lost its leading position, but many other players appeared. As a result, defeating one company will no longer have the effect that Apple was counting on in 2021.
"When we filed this lawsuit almost three years ago, we understood that it would involve disclosing information to third parties. However, events that have occurred since then have changed the risk landscape associated with the disclosure of such information," Apple said in a statement.
In addition, Apple continues to improve its user protection system. Disclosure of information about this system in court, even with strict controls, can jeopardize its effectiveness.
"Compromise on this information – an inevitable risk when disclosing it to third parties – would seriously undermine the effectiveness of our program and ability to protect users, especially in high-threat environments where adversaries aggressively seek to obtain this information by any means necessary," the document emphasizes.
Apple also refers to media reports about a possible leak of materials from a similar lawsuit by WhatsApp against NSO Group. According to The Guardian, published on July 25, 2024, Israeli authorities seized documents from NSO Group to prevent their transfer to an American court.
The company notes that since the lawsuit was filed, many countries have recognized the risks that malicious spyware poses to their citizens. International agreements have been concluded recognizing the dangers of spyware to human rights and committing them to taking measures to mitigate its destructive impact.
Apple emphasizes that it remains confident in the validity of its claims against NSO Group. However, the company decided to focus on technical methods to combat spyware so as not to risk the safety of users.
"In order to avoid compromising on our commitment to the security of our users, and given the events described above, Apple has made the decision to prioritize its security expertise and advanced threat intelligence program for the time being to continue to stop destructive spyware through technical methods," the company states.
A court hearing to consider this petition is scheduled for October 24, 2024 in San Francisco. If Apple's request is granted, the case will be closed without the possibility of reconsideration.
Apple emphasizes that it does not take this decision lightly and is motivated by a course of action that will best protect its users. The company thanks the court for its thorough consideration of the issues presented so far in this case.
According to the filed documents, Apple does not believe that the dismissal of the case will cause any legal harm to NSO Group. The company notes that it is at an early stage of disclosure and NSO Group should not have incurred significant costs other than those normally associated with the consideration of a motion to dismiss the lawsuit.
Source