Apple Sues NSO Group
Piling more on NSO Group’s legal troubles, Apple is suing it:
The complaint provides new information on how NSO Group infected victims’ devices with its Pegasus spyware. To prevent further abuse and harm to its users, Apple is also seeking a permanent injunction to ban NSO Group from using any Apple software, services, or devices.
NSO Group’s Pegasus spyware is favored by totalitarian governments around the world, who use it to hack Apple phones and computers.
Apple’s legal complaint provides new information on NSO Group’s FORCEDENTRY, an exploit for a now-patched vulnerability previously used to break into a victim’s Apple device and install the latest version of NSO Group’s spyware product, Pegasus. The exploit was originally identified by the Citizen Lab, a research group at the University of Toronto.
The spyware was used to attack a small number of Apple users worldwide with dangerous malware and spyware. Apple’s lawsuit seeks to ban NSO Group from further harming individuals by using Apple’s products and services. The lawsuit also seeks redress for NSO Group’s flagrant violations of US federal and state law, arising out of its efforts to target and attack Apple and its users.
NSO Group and its clients devote the immense resources and capabilities of nation-states to conduct highly targeted cyberattacks, allowing them to access the microphone, camera, and other sensitive data on Apple and Android devices. To deliver FORCEDENTRY to Apple devices, attackers created Apple IDs to send malicious data to a victim’s device—allowing NSO Group or its clients to deliver and install Pegasus spyware without a victim’s knowledge. Though misused to deliver FORCEDENTRY, Apple servers were not hacked or compromised in the attacks.
This follows in the footsteps of Facebook, which is also suing NSO Group and demanding a similar prohibition. And while the idea of the intermediary suing the attacker, and not the victim, is somewhat novel, I think it makes a lot of sense. I have a law journal article about to be published with Jon Penney on the Facebook case.
EDITED TO ADD (12/14): Supplemental brief.