Apple has secured a legal triumph in its ongoing battle against NSO Group, developer of the infamous Pegasus spyware. The victory comes in the form of a recent court decision denying NSO Group’s attempt to dismiss Apple’s lawsuit, originally filed in November 2021 (via 9to5Mac).
NSO Group had sought to have the case moved outside the United States, arguing that litigating in the US posed logistical challenges due to witness and evidence location. However, Judge James Donato, presiding over the case in California, deemed these arguments unsubstantiated. He acknowledged that both parties would face hurdles regardless of the venue, making the location a neutral factor.
Furthermore, Judge Donato rejected NSO Group’s claim that Apple’s lawsuit, citing violations of the Computer Fraud and Abuse Act (CFAA) and California’s Unfair Competition Law, lacked merit. He affirmed the legal basis for Apple’s action, paving the way for the case to proceed in the national judiciary system of the US.
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This early win serves as a validation for Apple’s decision to take legal action against the hacking firm. It is also suggested that Judge Donato was not swayed by NSO Group’s arguments for dismissal, potentially setting the stage for a more challenging path for the spyware company in the upcoming legal proceedings.
Apple’s spokesperson, in response to the court’s decision, reiterated the company’s commitment to protecting its users from “21st-century mercenaries” in a statement issued to 9to5Mac. The lawsuit against NSO Group represents just one facet of the Cupertino company’s broader security efforts, which include initiatives like Lockdown Mode for iPhone, targeted notifications for users potentially under state-sponsored attack, and a $10 million grant for research on sophisticated spyware threats.
While this marks a significant development in the ongoing legal battle, it’s important to note that the case is far from over. NSO is expected to respond to Apple’s complaint by Wednesday, February 14, followed by a case management conference in April. As the legal process unfolds, we can expect further insights into the allegations and arguments presented by both sides.
This case carries significant implications for the tech industry and user privacy. The outcome could set precedents for how companies can combat the use of invasive spyware and hold developers accountable for potential security breaches.
