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The Cupertino-based company cites security risks to customers and Israeli government intervention as reasons to have its 2021 lawsuit against the Pegasus spyware maker dismissed.
Apple has asked a US court to dismiss its 2021 lawsuit against Israel’s NSO Group, maker of the Pegasus spyware suite, due to concerns relating to the security of its customers and actions recently taken by the Israeli government.
Apple made the claims in a 13 September filing to the US District Court for the Northern District of California, San Francisco Division, saying that “when it filed this lawsuit nearly three years ago, Apple recognised that it would involve sharing information with third parties”.
“However, developments since the filing of this lawsuit have reshaped the risk landscape of sharing such information,” Apple’s attorney, Mark D. Selwyn, said in the court filing.
According to the filing, Apple feels that three “major developments” have changed the nature of the case and the risk it exposes Apple – and its customers – to.
The first is that Apple is unwilling to have its own security protocols – protocols it said are currently protecting its customers from the NSO Group and other spyware firms – exposed downstream of court proceedings.
“Compromise of this information – an unavoidable risk inherent in disclosing such information to third parties – would severely undermine the effectiveness of Apple’s program and ability to protect its users, especially in a high-threat environment where adversaries aggressively seek this information using any means necessary,” Apple said.
Apple cited a 25 July news story outlining a cyber security incident impacting Israel’s Ministry of Justice, which saw sensitive documents relating to WhatsApp’s similar litigation against the NSO Group exposed.
Apple said that “in light of these and other developments … Apple can no longer accept the risks entailed by such disclosure”.
The company’s request for dismissal also cited the current nature of the spyware market, which Apple said has significantly changed since 2021.
“The result is that even complete victory in this suit will no longer have the same impact as it would have had in 2021; instead of eliminating with one judgment a significant portion of the threat environment, other spyware companies unaffiliated with defendants would be unaffected by the suit and able to continue their destructive tactics,” Apple said.
Apple also noted that many more countries are now seeking to defend their citizens from the impacts of spyware, making Apple’s case less impactful than it may have been hoped for three years ago.
Finally, Apple cites further reports that the Israeli government is actively assisting the NSO Group by seizing documents critical to the WhatsApp case to defend the spyware maker and prevent it from handing over information on its products to a US court.
“... while Apple takes no position on the truth or falsity of The Guardian story described above, its existence presents cause for concern about the potential for Apple to obtain the discovery it needs,” Apple said.
“To avoid compromising its commitment to the security of its users, and in light of the developments described above, Apple has made the decision at this time to prioritise its expert security resources and advanced threat-intelligence program to continue to stop destructive spyware through technical methods.”
Apple has requested the case be dismissed in court on 24 October, or at the court’s earliest convenience. The lawsuit was originally filed following allegations that the NSO Group had compromised Apple devices in order to spy on journalists, academics, politicians, and other officials.
David Hollingworth has been writing about technology for over 20 years, and has worked for a range of print and online titles in his career. He is enjoying getting to grips with cyber security, especially when it lets him talk about Lego.
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