[HN Gopher] Apple sues NSO Group to curb the abuse of state-spon...
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       Apple sues NSO Group to curb the abuse of state-sponsored spyware
        
       Author : todsacerdoti
       Score  : 578 points
       Date   : 2021-11-23 18:04 UTC (4 hours ago)
        
 (HTM) web link (www.apple.com)
 (TXT) w3m dump (www.apple.com)
        
       | Adamantisa wrote:
       | Court has no jurisdiction over NSO. At most, it was foreign
       | international persons who accepted iCloud's terms and conditions.
       | They'd have to identify them, prove that they are linked to NSO,
       | and in fact acting on behalf of NSO in their official capacity.
       | And even after that, they'd just not travel under their real
       | names, or even not travel at all, and that's that.
        
       | hfern wrote:
       | What other goodies will they find during discovery?
       | 
       | Hopefully the public can get snippets like in Epic Games v.
       | Apple.
        
         | nazgulsenpai wrote:
         | Isn't NSO Group an Israeli firm with close ties to government?
         | I strongly doubt anything will come of this.
        
           | simion314 wrote:
           | Can an upset judge decide to put the NSO leaders and
           | employees on a terrorist list? They could argue it was an
           | attack on national security if they can show some important
           | person from US would have been hacked by a foreign
           | government.
           | 
           | Then if EU could put the same guys also on the list maybe
           | there would be some effects.
        
             | JumpCrisscross wrote:
             | > _Can an upset judge decide to put the NSO leaders and
             | employees on a terrorist list?_
             | 
             | They can hold them in contempt, which leads to arrest
             | warrants. Default judgements can then enable the creditor,
             | in this case Apple, to start seizing assets. But TL; DR no,
             | a judge can't put someone on a terrorist list; that's a
             | national security and thus executive function.
        
             | monocasa wrote:
             | > Can an upset judge decide to put the NSO leaders and
             | employees on a terrorist list?
             | 
             | For not replying to an EULA suit? I sure hope not, as much
             | as I'd like to see NSO nailed to the wall.
        
             | Dma54rhs wrote:
             | At least one of the founders can be found from American
             | homesoil NYC but we know very well nothing will come out of
             | it because of the Israeli love story Americans have.
        
             | nazgulsenpai wrote:
             | I'm talking about the discovery process. Will we learn
             | anything we don't know already if NSO isn't required to
             | cooperate? Probably not.
        
               | corin_ wrote:
               | A piece of advice I was given once and try to remember to
               | follow is to, when commenting online, think "does this
               | comment seem wrong if read out of context".
               | 
               | For example you wouldn't have had to come back to explain
               | the context of your comment if your "I strongly doubt
               | anything will come of this." had ended with "..come of
               | this in discovery."
        
           | monocasa wrote:
           | I'm imagining just a screen shot of a middle finger in
           | response to discovery requests.
        
           | rodgerd wrote:
           | NSO have started threating to release dirt on Israeli
           | politicians because they are unhappy that the Israeli
           | government isn't covering for them.
        
             | LegitShady wrote:
             | source? My thought is if you tried this in israel the
             | actual intelligence apparatus would have you picked up
             | pretty quickly and in a dark hole for as long as they
             | wanted.
        
       | monocasa wrote:
       | Where did they sue NSO group? If it's a US suit, I don't see that
       | meaning much. Why wouldn't NSO just ignore it in that case?
        
         | [deleted]
        
         | kingcharles wrote:
         | "Venue", meaning where the suit may take place, is a
         | complicated legal beast. Apple is in the US. NSO Group agreed
         | to certain T+Cs when they opened their fake iCloud accounts.
         | That T+C probably says you agreed to be sued in California.
        
         | CubsFan1060 wrote:
         | The pdf was literally right in the link:
         | https://www.apple.com/newsroom/pdfs/Apple_v_NSO_Complaint_11...
         | 
         | UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
         | SAN JOSE DIVISION
        
           | [deleted]
        
           | 0des wrote:
           | A portion of the community only reads the headlines and forms
           | their opinion based on that alone, I'm not saying it's right,
           | I'm just trying to add some context to what appears to be
           | your incredulity at the parent commenter's question.
        
             | monocasa wrote:
             | I read the whole article, but didn't read the entirety of
             | the separate element that first contained the link to the
             | article as printer friendly text.
             | 
             | There's a pretty big UX failure to stick important content
             | there.
        
               | [deleted]
        
           | kingcharles wrote:
           | I read the whole article and then came here to ask if anyone
           | knew the court and case number. Now I feel stupid.
        
           | kingcharles wrote:
           | It's not live on PACER yet sadly so I can't get a case
           | number.
        
         | mataug wrote:
         | Could the company and its executives could be sanctioned based
         | on this court case ?
        
           | JumpCrisscross wrote:
           | > _Could the company and its executives could be sanctioned
           | based on this court case_
           | 
           | It already has been [1].
           | 
           | [1] https://www.commerce.gov/news/press-
           | releases/2021/11/commerc...
        
           | monocasa wrote:
           | Under what law?
        
             | JumpCrisscross wrote:
             | > _Under what law?_
             | 
             | NSO used Apple's services, thereby agreeing to U.S.
             | jurisdiction. (It also deals in dollars and has customers
             | in America.) If it ignores U.S. courts, it would be held in
             | contempt at the very least. That enables the Feds to start
             | freezing and confiscating assets, possibly even issuing
             | arrest warrants. That happens domestically first and
             | through treaties second.
             | 
             | Given how much bad blood NSO has generated for itself in
             | D.C., it would be more surprising if this didn't get
             | escalated to a diplomatic level.
        
               | monocasa wrote:
               | There's no way it hasn't been escalated to a diplomatic
               | level already, that's probably the biggest impediment to
               | the suit doing anything. Both NSO's host country and
               | client base get an incredible amount of protection from
               | the state department.
        
               | JumpCrisscross wrote:
               | This doesn't take into account recent events, _e.g._ the
               | U.S. sanctioning NSO after their dealings in India and
               | with American police departments was confirmed.
               | 
               | In any case, this is a civil suit in federal courts. Even
               | if State wanted to intervene, it would have to do so
               | through informal channels.
        
               | monocasa wrote:
               | Their website is still up, posting news, hosted on AWS on
               | one of the us-west AZs.
               | 
               | The US is going at them with less vigor than a whack-a-
               | mole torrent site de jure.
               | 
               | > In any case, this is a civil suit in federal courts.
               | Even if State wanted to intervene, it would have to do so
               | through informal channels.
               | 
               | But didn't we just agree that the federal court system is
               | pretty toothless here without the support of the state
               | department?
        
               | freejazz wrote:
               | The federal court could only ever do what a federal court
               | could do which is levy sanctions or judgments against NSO
               | property.
        
               | monocasa wrote:
               | Against US based NSO property, practically speaking.
        
               | freejazz wrote:
               | "That enables the Feds to start freezing and confiscating
               | assets, possibly even issuing arrest warrants. That
               | happens domestically first and through treaties second."
               | 
               | It's a civil case.
        
             | mataug wrote:
             | Lobbying and political pressure with the result of this
             | case being used as tool ?
        
               | monocasa wrote:
               | More lobbying and political pressure than the Israeli
               | government already exudes over the US? And NSO's clients
               | too? Not likely.
        
               | JumpCrisscross wrote:
               | > _More lobbying and political pressure than the Israeli
               | government already exudes over the US?_
               | 
               | NSO is already on the Entity List, a part of the U.S.
               | sanctions regime. This has been amply discussed, but TL;
               | DR they lost their friends in Washington.
        
               | monocasa wrote:
               | Did it affect them?
        
               | JumpCrisscross wrote:
               | > _Did it affect them?_
               | 
               | Anecdotally, yes. They lost their U.S. customer base. And
               | bank and securities firms are closing their and their
               | employees' accounts.
        
       | FridayoLeary wrote:
       | Apple sues NSO Group to curb the abuse of state-sponsored spyware
       | 
       | I'm quite cynical about this press release. The key point in the
       | title is that Apple are cool with state-sponsored spyware, it's
       | just _abuse_ of it that bothers them. Also why did they wait so
       | long to file this. I don 't think it's because they lacked
       | evidence until now. Perhaps they think such a lawsuit will is now
       | expected of them otherwise they will lose face, and that they
       | have the general backing of the public now. I remember some
       | months ago showed that Apple already had grounds to sue for
       | copyright infringement. Either way, Apple is stepping into a
       | political minefield. Buy popcorn and expect fireworks. Big ones.
        
       | rStar wrote:
       | apple makes their own hardware and software. our devices are
       | insecure by apples choice. making this "statement" and "lawsuit"
       | utter farce.
        
       | einpoklum wrote:
       | *Apple VP of SW Engineering: "Apple devices are the most secure
       | consumer hardware on the market"*
       | 
       | ... except for how Apple sends a copy of all of your data that
       | passes through their servers to the NSA. No, I'm not espousing a
       | conspiracy theory, this has been brought to light by Edward
       | Snowden's revelations. Now, we don't know how much of the data on
       | Apple phones gets sent to Apple's servers, so it's not literally
       | everything on your phone, but at least everything that's backed
       | up remotely, and possibly more.
       | 
       | So, pot calling the kettle black.
       | 
       | ---
       | 
       | *"to curb the abuse of state-sponsored spyware"*
       | 
       | Note that Apple is not saying "to prevent", only "to curb". But
       | even worse than that, they're saying "curb abuse", not "curb
       | use", as though that type of state spying is not inherently
       | abusive.
       | 
       | ---
       | 
       | *"State-sponsored actors like the NSO Group spend millions of
       | dollars on sophisticated surveillance technologies without
       | effective accountability. That needs to change,"*
       | 
       | Apple has a larger R&D budget than most world states. In fact,
       | Apple themselves probably spend more money on sophisticated
       | surveillance technologies than half the world's states combined.
       | Certainly if we count things like dynamic image analysis from all
       | those cameras on phones and cars and such. Why is it an
       | unaccountable foreign corporation better than a government?
       | They're both pretty bad.
        
       | gbajson wrote:
       | "We have no clue how our software works, so we will sue you".
       | 
       | It's a disaster from any point of view. Also ineffective.
       | 
       | They could easily designate not 10M, but 100M for bug bounties
       | and simply solve their problems.
        
       | 14 wrote:
       | What about Apples own spyware they were going to force on users
       | to scan for CSAM did they ever make a final decision on what they
       | were going to do with that? Update to iOS 15 is what they
       | recommend but then it is Apple spying on you not some foreign
       | companies. I don't want either.
        
       | strict9 wrote:
       | It is great to see this happen.
       | 
       | It's also fascinating that the crux of the Apple's case against
       | NSO hinges on NSO engineers that accepted iCloud's terms and
       | conditions.
       | 
       | From related NYT article:
       | 
       | > _The sample of Pegasus gave Apple a forensic understanding of
       | how Pegasus worked. The company found that NSO's engineers had
       | created more than 100 fake Apple IDs to carry out their attacks.
       | In the process of creating those accounts, NSO's engineers would
       | have had to agree to Apple's iCloud Terms and Conditions, which
       | expressly require that iCloud users' engagement with Apple "be
       | governed by the laws of the state of California."
       | 
       | The clause helped Apple bring its lawsuit against NSO in the
       | Northern District of California._
       | 
       | https://www.nytimes.com/2021/11/23/technology/apple-nso-grou...
        
         | fragmede wrote:
         | Is it great? The lawsuit is Apple trying to enforce the iCloud
         | EULA to stop reverse engineering. While NSO Group created
         | hacking tools, and then did some questionable things with them,
         | do we really want those inane licenses no one reads, and
         | everyone scrolls down to hit [agree]; do we really want them to
         | legally binding? Put another way, if it was someone HN _liked_
         | , would we still say this is actually good? Because compared to
         | the corporation known as Apple, NSO Group and its parent
         | corporation are still "a little guy", and this move really
         | doesn't seem like a good thing. Not for hackers in the HN
         | definition for hackers, ie highly motivated tinkerers.
         | 
         | This community features not just fans of reverse engineering,
         | but number of practitioners, eg the popular Nvidia TSEC key
         | extraction that was featured recently[0]. The defendant's
         | actions make them an easy target, but, like the ACLU protecting
         | the civil rights of murderers, because we still live in a
         | nation of laws, I don't see this as great. This is a
         | continuation of Apple's continued use of lawsuits to silence
         | any challenges to their marketing of being the secure computer
         | choice (eg Apple suing Corellium[1]) rather than their products
         | _actually_ being secure.
         | 
         | [0] https://news.ycombinator.com/item?id=29315378 [1]
         | https://news.ycombinator.com/item?id=28219278
        
           | JohnFen wrote:
           | > While NSO Group created hacking tools, and then did some
           | questionable things with them
           | 
           | Wow, that's some serious softballing there. At a minimum, The
           | NSO Group knowingly facilitates criminal activity. They
           | shouldn't be treated as if they were a legitimate
           | organization.
        
           | matheusmoreira wrote:
           | > do we really want those inane licenses no one reads, and
           | everyone scrolls down to hit [agree]; do we really want them
           | to legally binding?
           | 
           | In this case the contract was made between two businesses.
           | Consumers deserve protection because they are naturally
           | disadvantaged. Companies with fully staffed legal departments
           | really have no excuse.
        
           | 2OEH8eoCRo0 wrote:
           | A court can decide. Apple and many others have been harmed by
           | this so it makes sense that somebody should be able to sue.
        
             | dylan604 wrote:
             | It seems many laws are written in the hopes everyone just
             | agrees, but secretly hoping it is never challenged in
             | court. The easiest hurdle put in place is standing in legal
             | terms. That's one bit I have trouble with how laws are
             | challenged is that if a bad law is enacted, it should be
             | able to be challenged immediately through courts to knock
             | it back vs having to wait for the first person to be
             | directly affected by the law to also have the means to
             | mount the legal challenge.
        
           | acdha wrote:
           | It's not just the iCloud terms of service, though -- they're
           | using that to strengthen the case that NSO agreed to the
           | jurisdiction of California courts but they're relying on the
           | CFAA and especially the claim that the access to the users'
           | device was not authorized by that user.
           | 
           | It would be really interesting to see what precedent comes
           | out of this case and especially how that would affect a
           | future case where Apple claims a violation of their terms of
           | service but the user fully consented to that use.
        
             | xxpor wrote:
             | >they're relying on the CFAA and especially the claim that
             | the access to the users' device was not authorized by that
             | user.
             | 
             | What's their theory of standing to sue over damage to their
             | customers?
             | 
             | Edit: the main point is this (from the CFAA count):
             | 
             | Defendants' actions caused Apple to incur a loss as defined
             | by 18 U.S.C. SS 1030(e)(11), in an amount in excess of
             | $5,000 during a one-year period, including the expenditure
             | of resources to investigate and remediate Defendants'
             | conduct. Apple is entitled to compensatory damages in an
             | amount to be proven at trial, as well as injunctive relief
             | or other equitable relief. See 18 U.S.C. SS 1030(g).
        
               | ethbr0 wrote:
               | 18 U.S.C. SS 1030(e)(11)
               | https://www.law.cornell.edu/uscode/text/18/1030
               | 
               |  _" (11) the term "loss" means any reasonable cost to any
               | victim, including the cost of responding to an offense,
               | conducting a damage assessment, and restoring the data,
               | program, system, or information to its condition prior to
               | the offense, and any revenue lost, cost incurred, or
               | other consequential damages incurred because of
               | interruption of service;"_
               | 
               | 18 U.S.C. SS 1030(g) "
               | 
               |  _" (g) Any person who suffers damage or loss by reason
               | of a violation of this section may maintain a civil
               | action against the violator to obtain compensatory
               | damages and injunctive relief or other equitable relief.
               | A civil action for a violation of this section may be
               | brought only if the conduct involves 1 of the factors set
               | forth in subclauses [5] (I), (II), (III), (IV), or (V) of
               | subsection (c)(4)(A)(i). Damages for a violation
               | involving only conduct described in subsection
               | (c)(4)(A)(i)(I) are limited to economic damages. No
               | action may be brought under this subsection unless such
               | action is begun within 2 years of the date of the act
               | complained of or the date of the discovery of the damage.
               | No action may be brought under this subsection for the
               | negligent design or manufacture of computer hardware,
               | computer software, or firmware."_
               | 
               | I assume "negligent" is used in the legal sense? But
               | it'll be curious if NSO claims they're not liable for
               | selling flaws that already existed in Apple *ware.
        
               | freejazz wrote:
               | They'd have to prove that Apple was negligent to sell
               | software with flaws, but that's gonna be tough
               | considering that much software has flaws.
        
               | ethbr0 wrote:
               | Agreed. I'd assume that's what the large number of words
               | related to "Apple demonstrates an outstanding security
               | record, etc etc" is aimed at. And it's a fair argument:
               | nothing is bugless.
        
               | tentacleuno wrote:
               | > They'd have to prove that Apple was negligent to sell
               | software with flaws, but that's gonna be tough
               | considering that much software has flaws.
               | 
               | It does carry a strange irony when Apple keep saying they
               | have the best security after iOS has been very badly
               | hacked by nation state actors, though. I'm not saying
               | their security isn't good, but I would have rathered
               | "we're fixing X things" than security hyperbole.
        
               | freejazz wrote:
               | Thanks for sharing your marketing preferences.
        
           | SavantIdiot wrote:
           | > Put another way, if it was someone HN liked,
           | 
           | I'm sure no one reads TSLA EULAs either.
        
           | theginger wrote:
           | What is great is it could bring some much needed clarity on
           | the subject.
           | 
           | A ruling against the EULA might bring some clarity to the
           | limits of powers tech companies have over us.
           | 
           | A ruling for the EULA might shine a light the power these
           | companies DO have and force governments to bring in laws to
           | curb them.
           | 
           | It is not a good situation, where Apple / Microsoft could
           | turn around and say to someone who broke the EULA or perhaps
           | even to someone who didn't, we are revoking our agreement you
           | can no longer use our software. Leaving them virtually
           | unemployable in many sectors, and similarly they are in the
           | position to absolutely cripple the vast majority of
           | businesses with the same tactics.
        
             | ethbr0 wrote:
             | What normal people probably want is the state of affairs
             | that historically existed:
             | 
             | Government (legislative) mandates via law what rights
             | consumers are entitled to, that cannot be stripped from
             | them.
             | 
             | Companies are free to request waiving or agreeing to
             | anything not enumerated in the above.
             | 
             | What's broken down recently is that legislatures aren't
             | doing their job of proactively mandating consumer rights,
             | and consequently companies are requiring whatever they
             | think they can get away with: forced arbitration, lease-
             | not-own, arbitrary right to revoke usage grants,
             | prohibiting user / independent repairs, etc.
        
               | kmonsen wrote:
               | Realistically speaking we have no legislature anymore.
        
               | ethbr0 wrote:
               | In what sense?
        
               | kmonsen wrote:
               | In the sense that new laws are really difficult to do in
               | the age of polarization. So instead the executive branch
               | issues orders and the judiciary interprets laws in
               | creative ways.
        
               | ethbr0 wrote:
               | H.R.3684 (aka "Infrastructure Investment and Jobs Act"
               | aka "INVEST in America Act" aka "the Infrastructure
               | Bill") passed the House 221/201/8 [0] and the Senate
               | 69/30/1 [1].
               | 
               | Admittedly not the best numbers, but not terrible either.
               | 
               | [0] https://clerk.house.gov/Votes/2021208
               | 
               | [1] https://www.senate.gov/legislative/LIS/roll_call_list
               | s/roll_...
        
           | Barrin92 wrote:
           | > do we really want those inane licenses no one reads, and
           | everyone scrolls down to hit [agree]; do we really want them
           | to legally binding?
           | 
           | for commercial interactions in particular between two
           | businesses? Yes, absolutely. How else are two entities
           | supposed to come to legally binding terms without a contract?
           | I'm all for a little bit of lenience when an end user didn't
           | read the terms but you think NSO group doesn't have a lawyer
           | and just scrolls down and clicks accept?
           | 
           | The little guy isn't always right because he's little. If the
           | little guy hacks my software to sell spyware to dictators and
           | war criminals you bet I want the right to take him to court
        
             | lupire wrote:
             | > If the little guy hacks my software to sell spyware to
             | dictators and war criminals you bet I want the right to
             | take him to court
             | 
             | Why? How are you the wronged party in this case? You are
             | combining two separate things.
             | 
             | What if the little used your software as designed, but to
             | sell to dictators and war criminals?
             | 
             | what if they hacked your software for interoperability with
             | non-evil activities?
        
             | chrisfinazzo wrote:
             | (Not a lawyer, but this is the correct answer)
             | 
             | As much as people might look at this and think Apple is
             | being heavy-handed, it comes down to the fact that iCloud,
             | iOS, and the App Store are their IP and they can (within
             | legal limits) set whatever terms they please.
             | 
             | Especially for these sorts of arrangements, it seems like a
             | problem to me if the platform/IP owner doesn't have
             | absolute, final discretion over what happens.
             | 
             | Giving them the right to destroy your business at any time
             | or at least try very hard to make it unprofitable shouldn't
             | be a surprise to anyone.
        
               | rektide wrote:
               | This sits so unwell with me, gives such limitless
               | tyrannical & dictatorial control to a company.
               | 
               | > _As much as people might look at this and think Apple
               | is being heavy-handed, it comes down to the fact that
               | iCloud, iOS, and the App Store are their IP and they can
               | (within legal limits) set whatever terms they please._
               | 
               | Agreed. That's exactly what it seems like. And that
               | sounds like immoral, unjustifiable, sickening hell. That
               | Apple gets to hold all the cards, no one else on the
               | planet gets any say in how a device might be used.
               | 
               | It seems to me like the law is immoral. The law is heavy
               | handed, an idiot, and wrong. And it seems like Apple is a
               | user/abuser of unjust power which it does not have any
               | moral or ethical right to wield.
               | 
               | > _Especially for these sorts of arrangements, it seems
               | like a problem to me if the platform /IP owner doesn't
               | have absolute, final discretion over what happens._
               | 
               | This sounds like a nightmare hell world to me. It
               | contravenes the idea that any of us can ever be owners of
               | anything. This sounds like the logic that says that only
               | Tesla can repair Tesla cars, the logic that says only
               | John Deere can repair John Deere tractors. This is an
               | anti-human world, this is a bad world, this is immoral,
               | this is wrong, this destroys & rots away at humanity as a
               | can-do toolmaker, as an improver of the world about them.
               | It consigns power away to fragile, remote, limited
               | corporations. That is not a world I ever want to let
               | happen to us. I tend towards aethism/agnosticism, but if
               | there is a god, this flies against what graces the gods
               | have given us to let ourselves be constrained so. It is
               | unnatural & against the spirit of the human enterprise.
               | 
               | I have no love for NSO Group. It feels great seeing such
               | a group of shady, underhanded, anti-democratic punks get
               | served. But this is absolutely going to be yet another
               | move in the ongoing shift towards top-down combined
               | technocratic/legal control. It's absolutely a
               | demonstration of Apple wielding legal power to obstruct &
               | defend that which it simply doesn't want to have to deal
               | with, brushing aside something inconvenient. It's
               | absolutely a battle over what terms of service mean &
               | whether the world has any rights of their own. I for one
               | am not cheering for Apple's victory in having their
               | massive iron-clad armor further enhanced.
        
               | ziddoap wrote:
               | > _Agreed. That 's exactly what it seems like. And that
               | sounds like immoral, unjustifiable, sickening hell. That
               | Apple gets to hold all the cards, no one else on the
               | planet gets any say in how a device might be used._
               | 
               | I'm not a big proponent of IP, but you're basically
               | saying it is immoral, unjustifiable, and sickening as
               | hell that Apple enforces the rules that Apple wants on
               | Apple products/services, which were created and offered
               | by Apple? Who should be making the rules if not the
               | creator and maintainer of the product/service? Why is
               | using another product/service not an acceptable
               | alternative?
               | 
               | I agree with the general direction of your comment, but
               | certainly not with the same voracity that wouldn't allow
               | my own company to create the rules for my own service
               | offerings (within the confines of state/national law).
        
               | Caligatio wrote:
               | Replace "Apple" by any traditional car company and you
               | should immediately become concerned. Shouldn't a car
               | company have absolute, one-sided control over the cars
               | they sell? Like should the car stop working if you agreed
               | to obey the speed limit but then sped? Or stop working if
               | you didn't use their branded fluids?
        
               | lioeters wrote:
               | ..Or the warranty becomes void if you open up the hood of
               | your car and try to repair/replace parts..
        
               | catlikesshrimp wrote:
               | The law works fine when there is no monopoly.
               | 
               | But since Apple has 50% of the market share, the law
               | doesn't work well anymore.
        
               | rektide wrote:
               | This and more. I find it beyond farce that Apple & it's
               | adherents chief defense seems to be that there are other
               | people making products that aren't Lawful-Evil to
               | humanity. If Google one day woke up and said, we're just
               | going to try to do what Apple does to it's users, there
               | would be nothing left. This pretense that Apple's
               | behavior is anything but anti-competitive, anti-trust
               | worthy rings so hollow to me. The excuses that there are
               | other places to go completely fail to wash for me.
               | 
               | It's as if these folks are saying the Carterphone victory
               | was only won because AT&T was a monopoly. That's not how
               | consumer rights work. That's not a solid enough platform
               | for humanity to remain upright.
        
             | AnthonyMouse wrote:
             | > How else are two entities supposed to come to legally
             | binding terms without a contract?
             | 
             | The question is what's the threshold for the existence of a
             | contract. You both go into a conference room with lawyers
             | and negotiate over the terms and sign it in ink, that's
             | some pretty good yes vibes. Somebody clicks a button on an
             | un-negotiated text form in a piece of software, maybe it
             | should take more than that.
             | 
             | > I'm all for a little bit of lenience when an end user
             | didn't read the terms but you think NSO group doesn't have
             | a lawyer and just scrolls down and clicks accept?
             | 
             | Tons of bureaucracies do exactly that. The boss says they
             | need a way to do this thing, so some Danny from the IT
             | department finds some software to do that thing, it's free
             | or costs less than the amount he's authorized to spend from
             | petty cash, so he clicks accept and installs it on the
             | user's machine.
        
             | riedel wrote:
             | There's always the problem with a little one that has to
             | accept the big one's terms. Actually in Germany and
             | probably elsewhere there is clear jurisdiction what is
             | allowed in a terms and conditions type contract. It
             | actually applies to any contract that is not created from
             | scratch on an eye to eye basis. Other laws like the GDPR
             | also restrict what can be part of a contract. So while
             | nobody is reading all this stuff at least we have some
             | assurance that it's not totally unfair. Otherwise is
             | typically safe to assume that companies try to shape
             | everything to their own benefit. So it boils down to
             | trusting a company in general.
             | 
             | Not being a lawyer and having no clue abou US jurisdiction:
             | I am really curious if this EULA thing works though.
             | Normally under copyright law wrongdoing would normally just
             | mean that your licence is terminated. Illegal use typically
             | just requires paying damages twice the licence cost afaik.
             | I would actually find it kind of scary if I could be pulled
             | into any kind of jurisdiction about something not directly
             | related to the contract just because I accepted a software
             | licence agreement.
        
           | llamataboot wrote:
           | hmmm, I mean if we have to agree to things that are
           | supposedly legally binding, I would like them to be so. If
           | they are not legally binding, I would like to know that and
           | not have to agree to them.
        
           | Bud wrote:
           | Yes. We emphatically want the rule of law to persist, and for
           | legal avenues to be open for combating conduct like what NSO
           | Group has done here.
           | 
           | In particular, by any standard, it certainly seems reasonable
           | for Apple (or even companies we don't like) to prevent _the
           | use of its own tools and accounts_ for the purposes of
           | attacking its products and attacking its customers.
           | Especially when the attackers have explicitly promised not to
           | do so.
        
           | voxic11 wrote:
           | They are just using the EULA as the basis for claiming
           | jurisdiction. They are actually suing not to stop reverse
           | engineering but rather to recover damages incurred by
           | unlawful business practices. Basically their argument is
           | that:
           | 
           | 0) The defendant's can be sued under California law because
           | they accepted the EULA.
           | 
           | 1) California law makes businesses liable for damages
           | incurred by their unlawful business practices.
           | 
           | 2) Business practices which violate any California or federal
           | law are unlawful business practices in California.
           | 
           | 3) The defendant violated the federal computer fraud and
           | abuse act by hacking into users phones.
           | 
           | 4) Apple incurred damages to their reputation and from
           | expenses related to mitigating the hacking of their users.
           | 
           | 5) Therefor the defendant is liable for Apple's damages under
           | California law.
           | 
           | So the defendant could have been fine if they just done
           | reverse engineering, or even if they developed the hacking
           | tools, but actually using the tools against Apple's users in
           | violation of the CFAA was going too far.
           | 
           | https://www.apple.com/newsroom/pdfs/Apple_v_NSO_Complaint_11.
           | ..
        
             | brutal_chaos_ wrote:
             | Nit (maybe moot):
             | 
             | > 4) Apple incurred damages [...] from expenses related to
             | mitigating the hacking of their users.
             | 
             | This sounds like no one should be a security researcher for
             | they risk paying companies to implement the security the
             | company should have implemented anyway. Put another way,
             | that also sounds like the corporate open source push, "We
             | love open source because we don't have to support it, the
             | community will!"
             | 
             | "4)" says the community will pay for/support security, just
             | wait for the hack and make 'em clean it up. Mitigation
             | costs shouldn't be a recoverable damage, they should be
             | doubled and paid out to the victims...maybe that'll
             | incentivise better security over dollar dollar bills y'all.
             | 
             | This all maybe moot because this was a B2B action and I'm
             | thinking from a non-monied, single user/security researcher
             | perspective. What if the company was a non-profit security
             | research group? Perhaps this is what the 90day grace
             | periods are for when dealing with responsible disclosure?
             | 
             | Anyhow, my ignorance must be showing at this point.
        
               | ethbr0 wrote:
               | From Facts(C),
               | 
               |  _" 60. Defendants force Apple to engage in a continual
               | arms race: Even as Apple develops solutions and enhances
               | the security of its devices, Defendants are constantly
               | updating their malware and exploits to overcome Apple's
               | own security upgrades.
               | 
               | 61. These constant recovery and prevention efforts
               | require significant resources and impose huge costs on
               | Apple. Defendants' unlawful malware activities have
               | caused and continue to cause Apple significant damages in
               | excess of $75,000 and in an amount to be proven at
               | trial."_
               | 
               | Hopefully the judgement is able to split the hairs
               | between reputational and development harm to a company
               | for security vulnerabilities, and harm to users for
               | organized exploitation of those vulnerabilities.
               | 
               | The former feels like it _should_ be free speech --
               | statement of facts related to the company 's product(s).
               | The latter is an obvious wrong.
        
               | LogonType10 wrote:
               | >This sounds like no one should be a security researcher
               | for they risk paying companies to implement the security
               | the company should have implemented anyway.
               | 
               | No, read again, this only refers to damages from unlawful
               | activity. "White hat hackers" need not fear.
        
               | AnthonyMouse wrote:
               | Assuming they're lawyers who know every law and don't get
               | skewered by something like DMCA 1201.
        
               | shkkmo wrote:
               | I don't know of any legitimate security research group
               | that hacks user accounts they don't own.
               | 
               | NSO hacked devices they didn't own and infected them with
               | spyware. Apple had to pay to repair / replace those
               | devices.
               | 
               | I don't see how this sets any sort of precedent with
               | security researchers are liable for the costs of fixing
               | vulnerabilities that they uncover.
        
               | eganist wrote:
               | > I don't know of any legitimate security research group
               | that hacks user accounts they don't own.
               | 
               | nit: "user accounts to which they're not authorized"
               | 
               | I work with friends' accounts all the time provided they
               | authorized me to do so and provided I'm permitted to do
               | so as part of the vuln disclosure program terms and rules
               | of engagement, though I usually split the bounty with
               | them in a meaningful way to make it worth their while.
        
             | FridayoLeary wrote:
             | >0) The defendant's can be sued under California law
             | because they accepted the EULA                 The Court
             | has personal jurisdiction over Defendants because, on
             | information        and       belief, they created more than
             | one hundred Apple IDs to carry out their        attacks and
             | also agreed to       Apple's iCloud Terms and Conditions
             | ("iCloud Terms"), including a mandatory        and
             | enforceable       forum selection and exclusive
             | jurisdiction clause that constitutes express        consent
             | to the jurisdiction       of this Court.7
             | 
             | I'm not a legal expert but shouldn't that be stupidly easy
             | to deny?
             | 
             | Judge: did you, NSO agree to the Terms and conditions by
             | pressing "I Agree"
             | 
             | NSO representative: No, Your honor.
             | 
             | Apple Lawyer: Then how did you gain access to my clients
             | services?
             | 
             | NSO Rep: A totally unrelated third party gave us 100
             | unlocked iPhones as a free gift. We never saw the terms and
             | conditions, nor agreed to them. We can fully prove our
             | claims.
             | 
             | Apple Lawyer: (spluttering) but... but... but...
             | 
             | Judge: (bangs gavel) case dismissed!
             | 
             | This is assuming NSO were far- sighted enough to actually
             | create such a paper trail. Also, since Apple is disputing
             | more then 100 accounts, maybe such a defence would be ruled
             | as improbable, or some other legal jargon. Maybe someone
             | better informed can chip in.
        
               | AnthonyMouse wrote:
               | > they created more than one hundred Apple IDs to carry
               | out their attacks
               | 
               | Maybe the most interesting thing about this is how it
               | proves that their code signing system is worthless. If
               | the same bad actor can get a hundred Apple IDs to sign
               | literal malware with, why are they imposing this burden
               | on random small developers?
        
               | TillE wrote:
               | Nerds always want to interpret the law in some strict
               | pedantic fashion, but in practice this is almost never
               | how it works. Law is not applied stupidly or
               | mechanically, you can't fashion yourself some ad hoc
               | workaround unless you're extremely certain about what
               | you're doing, preferably with a mountain of precedent
               | behind you.
        
               | AnthonyMouse wrote:
               | Nerds always want the law to be consistent. Lawyers are
               | Machiavellian professionals trained in getting it to say
               | "heads I win tails you lose" for their clients, and often
               | succeed.
               | 
               | That doesn't mean the nerds are wrong to want what they
               | want.
        
             | phkahler wrote:
             | >> They are just using the EULA as the basis for claiming
             | jurisdiction.
             | 
             | IANAL but it's always seemed to me that if I reject the
             | terms of a EULA then the EULA doesn't apply to me. Pushing
             | the "button" does not mean anything because only the EULA
             | gives it meaning and I reject that.
             | 
             | 50 years from now if someone is doing software archaeology
             | and they go to install some software from a long gone
             | company, who does clicking the button form an agreement
             | with? Will it be legal to try that software? Can existing
             | software companies list people they have click-through
             | agreements with? These things seem like a bad joke in
             | practical terms.
        
               | eganist wrote:
               | > 50 years from now if someone is doing software
               | archaeology and they go to install some software from a
               | long gone company, who does clicking the button form an
               | agreement with? Will it be legal to try that software?
               | Can existing software companies list people they have
               | click-through agreements with? These things seem like a
               | bad joke in practical terms.
               | 
               | I mean, this seems pretty easily addressed:
               | 
               | I can't sign a contract with a dead company, can I? Well,
               | literally I can, but the agreement wouldn't be binding.
               | 
               | Same applies here. Unless the entity still exists, in
               | which case congratulations, you're in a binding agreement
               | lol
        
               | AnthonyMouse wrote:
               | There are some practical problems with this.
               | 
               | Suppose that Small Co sells the assets of a business unit
               | to Big Co. Do you now have a contract with Small Co. or
               | Big Co.? Small Co. no longer has the rights to the
               | software. Big Co. may not agree to the terms of the old
               | license.
               | 
               | Suppose someone dies and their assets go to their heirs.
               | Do you now have a contract with the heirs?
               | 
               | What if there are no heirs, so the assets go to the
               | government? Do you now have a contract with the
               | government? I can think of some fun terms to add to a
               | software license from someone on their deathbed if that's
               | the case.
        
               | SQueeeeeL wrote:
               | I like how suddenly the intense legal minuate are the
               | most important details of a system as if we're in a
               | contract law class, as opposed to the obvious point that
               | in general these agreements are fairly obvious
        
               | AnthonyMouse wrote:
               | Making up rules without thinking about the consequences
               | of those rules is a Bad Idea.
        
               | SQueeeeeL wrote:
               | Edge cases aren't consequences; they're trivia. And at
               | the the of day, our legal system is governed by humans
               | who interpret and argue. Until humans are perfect, we'll
               | never write a perfect law.
        
               | AnthonyMouse wrote:
               | "Perfection is impossible, therefore don't try" is a
               | dodge.
        
               | voxic11 wrote:
               | US contract law jurisprudence doesn't really seem to
               | support you here.
               | 
               | > The mental assent of the parties is not requisite for
               | the formation of a contract. If the words or other acts
               | of one of the parties have but one reasonable meaning,
               | his undisclosed intention is immaterial except when an
               | unreasonable meaning which he attaches to his
               | manifestations is known to the other party.
               | 
               | https://en.wikipedia.org/wiki/Lucy_v._Zehmer
        
           | leecb wrote:
           | > those inane licenses no one reads, do we really want them
           | to legally binding?
           | 
           | What all would be possible if software EULAs weren't legally
           | binding?
           | 
           | One thing that EULAs typically do is reduce liability for the
           | company producing the software. Imagine if Google/Apple were
           | liable for damages from all the miscommunications caused by
           | autocorrect?
        
             | roblabla wrote:
             | EULAs are also used to protect IP, such as by prohibiting
             | reverse engineering. Preventing reverse engineering would
             | prevent modding games, fixing bugs in software that aren't
             | supported anymore, security analysis, etc... In my view,
             | it'd be a net negative for society.
        
               | lupire wrote:
               | and if software business becomes unsustainable due to
               | piracy, that's also a net negative.
        
             | chongli wrote:
             | There's a difference between clauses in an EULA that
             | release the software vendor from liability and those that
             | impose additional liability on the user. I think it's
             | perfectly fine for an EULA or "non-warranty warranty" to be
             | included in open source software. If a person or a company
             | wants to release software and they should be able to do so
             | without being held liable for damages caused by the user's
             | improper use of the software.
             | 
             | On the other hand, if a click-through license can expose
             | users to a potential lawsuit then that fundamentally
             | changes the regime we all live in. It creates a world where
             | the countless pieces of software we all use on a daily
             | basis become hidden legal threats, lurking in the shadows
             | like so many snakes waiting to strike. That's not a world I
             | want to live in and I think most HNers would agree.
        
           | mistrial9 wrote:
           | I am a straight-up GPL coder and advocate, and I find this
           | line of reasoning, difficult to support. Additionally, it is
           | a habit of lying, thieving security people to use every inch
           | of freedom that GPL-advocates give them.. really torn here
        
           | balls187 wrote:
           | > While NSO Group created hacking tools, and then did some
           | questionable things with them
           | 
           | Such as selling their software to the Saudi Government which
           | in turn used the software in a highly targeted cyber attack
           | leading to the grisly murder of a dissident journalist?
        
         | dylan604 wrote:
         | If this is ruled in Apple's favor, can that be a stepping stone
         | to allow NSO to be charged with aiding in murder?
        
         | edge17 wrote:
         | I will just add, the author of the NYT piece has a book out on
         | this subject. The book is decent, has some cringe worthy
         | descriptions of technical things if you are a technical person,
         | but overall I learned a huge amount reading it.
         | 
         | A lot of the commentary, accusations, and opinions in the
         | comments here would be addressed or better colored if you're
         | interested enough to read her book
         | (https://www.amazon.com/This-They-Tell-World-
         | Ends/dp/16355760...).
         | 
         | Also, just to be clear, one of the reasons I _like_ the book is
         | because it 's written by a person that doesn't understand all
         | the deep technical aspects of these things.
        
           | threeseed wrote:
           | > has some cringe worthy descriptions of technical things
           | 
           | Par for the course when trying to explain things to non-
           | technical people.
           | 
           | People joke but you can see the thought process in explaining
           | to a politician that the internet is a "series of tubes" for
           | example.
        
             | sam-2727 wrote:
             | Reminds me of when the Oracle v. Google case was argued in
             | front of the Supreme Court on a series of metaphors, among
             | other things comparing Java to football teams:
             | https://www.theverge.com/2020/10/9/21506172/oracle-google-
             | ja...
        
         | amelius wrote:
         | So they used iCloud to spy on NSO?
         | 
         | Sounds not right, regardless of what you think of NSO's
         | actions.
        
           | strict9 wrote:
           | No.
           | 
           | The information on fake accounts was passed to Apple by
           | Citizen Lab, which discovered the zero click vulnerability.
        
         | drdaeman wrote:
         | I guess they haven't done this, but isn't this trivially
         | mitigated by hiring someone to create the accounts, outside of
         | the US entirely, in a jurisdiction where T&C violation doesn't
         | mean anything? Especially if the accounts are needed in bulk,
         | where it makes sense not just to work around the legal
         | arguments but simply economically.
        
         | kingcharles wrote:
         | I was the victim of a state-sponsored attack. I took it to
         | court. I tried to subpoena the contents of the government
         | agents' iPhones but Apple came and filed a Joinder in Motion
         | and sent expensive lawyers to lie to the judge about the
         | judge's power to subpoena digital evidence. The lawyer
         | specifically told me all he does is go around the country and
         | lie to judges to get them to cancel subpoenas.
         | 
         | We introduced the T+Cs from one major online provider to show
         | how the government violated them. The government stipulated
         | that they had violated the T+Cs and that they had broken the
         | law. Two different courts both stated that government agents
         | are allowed to violate federal and state computer and data
         | access laws to conduct intelligence-gathering operations, and
         | they are certainly allowed to violate T+Cs even when a
         | violation of a T+C is a criminal act (which it is in many
         | jurisdictions).
         | 
         | One thing that is lulzy is that I recently received a letter
         | from one government agency stating that the evidence I had
         | requested by subpoena was no longer available because they left
         | it on a server in violation of the T+Cs and never took a copy
         | of it and the provider deleted the account.
         | 
         | It hasn't reached the appellate courts yet.
        
           | jp57 wrote:
           | > Apple came and filed a Joinder in Motion and sent expensive
           | lawyers to lie to the judge about the judge's power to
           | subpoena digital evidence.
           | 
           | If a lawyer makes an argument in court about the law
           | governing a case (as opposed to the facts of the case), and
           | the judge accepts the argument, and the judge's decision
           | survives all its appeals, then the lawyer's argument is, by
           | definition, true.
           | 
           | EDIT: I'm objecting here to the characterization of the
           | lawyers' arguments as "lying". The judge's "power" to suboena
           | digital evidence sounds like a question of interpretation of
           | the law. Many (all?) US court cases have at least one
           | question of law in which the parties make opposing arguments.
           | One party prevails, the other does not, or maybe one party
           | prevails on some points and the other prevails on other
           | points. But however those questions are ultimately decided,
           | that's the law, as it pertains to that case. In that context,
           | it seems very strange to characterize either party as "lying"
           | in such arguments.
           | 
           | If, on the other hand, "the judge's power to subpoena digital
           | evidence" really means Apple's technical ability to produce
           | such evidence, then I would agree that those are facts about
           | which some statements could be considered truthful or not.
        
             | bannable wrote:
             | Case law, not truth. Judges do not decide fact.
        
               | dragonwriter wrote:
               | > Judges do not decide fact.
               | 
               | Trial court judges in jury trials do not (in principal)
               | decide fact questions (though even that is misleading,
               | since they can decide "as a matter of law" that offered
               | evidence is insufficient for a particular fact conclusion
               | even over the jury's determination of fact, _except_ in
               | the case where that would be unfavorable to the defense
               | in a _criminal_ trial.)
               | 
               | Judges in bench trial, and appellate judges in many
               | cases, do, in fact, decide matters of fact, though in the
               | latter case the usual rules are generally, but not
               | infinitely, deferential to trial court decisions.
        
             | nickff wrote:
             | > _" If a lawyer makes an argument in court about the law
             | governing a case (as opposed to the facts of the case), and
             | the judge accepts the argument, and the judge's decision
             | survives all its appeals, then the lawyer's argument is, by
             | definition, true. "_
             | 
             | This is a Kafkaesque and wrong understanding of the legal
             | system. There are all sorts of errors of law and errors of
             | fact that are non-appealable.
        
               | kingcharles wrote:
               | I think poster above is right, certainly with respect to
               | the legal system in the USA.
               | 
               | In the USA you often get one direct appeal - an appeal by
               | right - and then if that fails, a discretionary appeal by
               | a more superior court.
               | 
               | I've seen some bone-headed decisions made by the trial
               | judge, then the same error made by the appellate judges,
               | and you know the superior court would reverse, but they
               | only take 0.01% of the cases they see every year and so
               | they just don't have time to fix every mistake. So some
               | really stupid legal decisions become "the law of the
               | case" simply because society doesn't have the funds to
               | pay more judges to check the work of lesser judges.
        
           | threeseed wrote:
           | > sent expensive lawyers to lie to the judge about the
           | judge's power to subpoena digital evidence.
           | 
           | You're being unreasonable here since it is a very grey area.
           | 
           | If Apple is compelled for example to hand over encryption
           | keys to a judge (which often means a bunch of junior lawyers)
           | then that would infringe everybody's right to have their
           | information be secure.
        
           | fsflover wrote:
           | Perhaps you may want to ask https://eff.org for help.
        
             | kingcharles wrote:
             | I tried at the time, but received no response.
        
           | lotsofpulp wrote:
           | > and they are certainly allowed to violate T+Cs even when a
           | violation of a T+C is a criminal act (which it is in many
           | jurisdictions).
           | 
           | Is violating a T&C criminal in the US, if the violating
           | action itself is not a crime? I have not heard of this. Are
           | there any examples that can be linked to? I thought it was
           | always a civil matter.
        
             | lights0123 wrote:
             | https://en.wikipedia.org/wiki/Computer_Fraud_and_Abuse_Act
             | 
             | Yes it is a federal crime, but was recently limited by
             | https://en.wikipedia.org/wiki/Van_Buren_v._United_States
        
           | haswell wrote:
           | US based? I understand if you can't divulge any specifics,
           | but I'm always curious about the nature of these attacks,
           | e.g. we know certain types of journalists/activists are often
           | targeted.
        
             | kingcharles wrote:
             | US-based, yes.
        
       | rasengan wrote:
       | Legal methods are a crutch at best. Apple would be wise to put
       | forth the same budget into their security team's research and
       | development and properly address these weaknesses.
        
         | kelnos wrote:
         | The problem is that this approach requires that Apple expend
         | enough resources for their security to be perfect all the time.
         | Outfits like NSO Group need only be lucky once (well, with some
         | consistency, as Apple finds and fixes the vulnerabilities they
         | use).
         | 
         | It's a cat-and-mouse game where Apple has a distinct
         | disadvantage, one that's likely impossible to fully overcome.
         | 
         | They certainly should (continue to) spend a bunch of money to
         | make their OS and hardware as secure as possible. But at a
         | point returns start to diminish, and perfection just isn't an
         | attainable goal.
        
           | speeder wrote:
           | Some people even can conclude from this that being evil is
           | better idea.
           | 
           | A fictional example: there is a character in Wheel of Time,
           | that realized that for the good guys to win, they must win
           | every time the bad guy attempts something, but the bad guy
           | must win only once (since his goal is destruction of the
           | universe), thus this character concludes that being evil is a
           | better goal, since you can keep trying until you succeed, he
           | imagines eventually he WILL succeed, as a matter of "when",
           | not of "if".
        
         | monocasa wrote:
         | Their lawyers are probably on retainer, or just straight up in
         | house counsel. I doubt it costs them any more than a rounding
         | error.
        
         | jmondi wrote:
         | Would your solution to weapons exporting to have everyone buy a
         | bigger bunker? Doesn't it just make more sense to control the
         | export of weapons?
        
         | riseagain wrote:
         | Surprised to see this coming from the person that killed
         | freenode with questionable bullying involving lawyers and "life
         | ruining" consequences...
         | 
         | Hypocrisy at it's finest...
         | 
         | For the record. I'm not sympathetic to NSO group either.
        
         | rStar wrote:
         | apple controls the hardware and software on apple devices. nso
         | does not. this is public relations for apple, as much as a
         | holiday advert as any they put on tv. if apple wanted to
         | provide their customers secure devices, apple would provide
         | their customers secure devices.
        
         | rodgerd wrote:
         | Well, that's one way of outing yourself as someone who knows
         | literally nothing about modern computer security.
        
         | josh2600 wrote:
         | Ok normally I'd just let something like this go but I just have
         | to pull my hair out when I see a comment like this.
         | 
         | The attack surface of software as complicated as a modern
         | operating system (iOS or MacOS, etc.) is simply too large to
         | lockdown without dramatically hurting the user experience
         | (assuming you could actually achieve a lockdown in the first
         | place!!).
         | 
         | Let's, just for a second, propose that apple went full Monty
         | and locked the whole shebang down with the kind of tech they'd
         | need to resist NSO. That's more custom silicon, signed binaries
         | everywhere, even fewer per app permissions, literally treating
         | any piece of software running on the device as a potential
         | threat vector even more than they already do. What would this
         | get you?
         | 
         | The BoM cost would go up, a lot. The cost of writing software
         | would go up, a lot. And perhaps worst of all: it would only
         | raise the cost of a chain of exploits, not eradicate it.
         | 
         | Right now a chain of exploits is ~$5M on iOS. What if it was
         | $50M? Would that actually stop a nation state?
         | 
         | I'm sorry but there's no world where Apple can make perfect
         | security.
         | 
         | Finally, the cost of this lawsuit is a drop in the ocean
         | compared to what they already spend trying to secure the
         | software and hardware in iOS devices.
        
           | Sporktacular wrote:
           | "Right now a chain of exploits is ~$5M on iOS. What if it was
           | $50M? Would that actually stop a nation state?"
           | 
           | Yes, some states yes it would. That could make it
           | unaffordable for many of NSOs clients.
           | 
           | The result would not be perfect, just better.
        
           | DSingularity wrote:
           | Apple will advance the security of their platform more by
           | suing NSO and lobbying the US gov to position the official
           | view of the US gov regarding nation-state sponsorship for
           | malicious software as reprehensible efforts which harm
           | everyone (eg like biological/chemical weapons). If the US
           | sanctioned Israel and critiqued them as reckless maybe less
           | countries will support organizations like the NSO group.
        
           | high_byte wrote:
           | if it was 50m there would be significant increase in reports,
           | for sure. problem is Apple has a reputation for not paying
           | bounties...
        
           | matheusmoreira wrote:
           | > literally treating any piece of software running on the
           | device as a potential threat vector even more than they
           | already do
           | 
           | Sounds amazing. Every operating system should be designed
           | this way. Only free software should have full access.
           | Proprietary software cannot be trusted and must be regulated
           | and controlled.
        
           | fsflover wrote:
           | > The attack surface of software as complicated as a modern
           | operating system (iOS or MacOS, etc.) is simply too large to
           | lockdown without dramatically hurting the user experience
           | (assuming you could actually achieve a lockdown in the first
           | place!!).
           | 
           | https://qubes-os.org
        
             | tptacek wrote:
             | You talk to a lot of people who use Qubes day to day? I do.
             | What have you heard about how Qubes life is?
        
               | fsflover wrote:
               | I am gladly using Qubes myself as a daily driver. Can't
               | recommend it enough.
        
               | tptacek wrote:
               | Hey, my Qubes friends keep using it too. I'm not saying
               | it's un-usable. Is dys-usable a word?
        
               | fsflover wrote:
               | This is a vague and unconstructive criticism. Perhaps you
               | could say something more to the point.
               | 
               | In my opinion, most of the HN audience would be able to
               | use it to their benefit.
        
               | tptacek wrote:
               | That might be true! But it's not very relevant to the NSO
               | problem, because the mass market will not be able to use
               | it.
        
           | rStar wrote:
           | > I'm sorry but there's no world where Apple can make perfect
           | security
           | 
           | i think everyone knows that perfect security is not possible,
           | the operative word being 'perfect'. i think what we want is
           | for apple to 'actually try' to provide security, in some way
           | that results in security order of magnitudes better than we
           | enjoy today, which would still be miles and miles away from
           | 'perfect', vulnerable to nation state actors etc etc etc
        
             | josh2600 wrote:
             | Can you point to a single instance of a cellphone vendor
             | who takes security more seriously than Apple?
             | 
             | Put a different way, is there any device with a high
             | monthly active user count that has a higher cost to
             | purchase a black market exploit than the iPhone?
             | 
             | Apple can always do better. It should also scare the living
             | hell out of us that they're currently the best in the
             | world.
             | 
             | My point is that if Apple can't secure your phones, who
             | can? It's enough to make one think about security through
             | obscurity.
        
               | ccouzens wrote:
               | > Put a different way, is there any device with a high
               | monthly active user count that has a higher cost to
               | purchase a black market exploit than the iPhone?
               | 
               | I'm going to answer about operating system rather than
               | device.
               | 
               | The selling price of an Android full chain with
               | persistence zero click is up to $2.5 million. The selling
               | price of an iOS full chain with persistence zero click is
               | up to $2 million.
               | 
               | https://zerodium.com/program.html
               | 
               | Both are better than any desktop operating system.
        
               | LogonType10 wrote:
               | This isn't the benchmark of how secure those systems are,
               | just a benchmark of how valuable exploiting them is.
               | Hypothetically speaking, iOS could be more secure, but an
               | Android exploit could be valued more if high valued
               | targets tend to use Android. Keep in mind that phone OS
               | usage varies quite a bit by country and wealth.
        
               | ccouzens wrote:
               | I was responding to a specific comment about prices.
               | 
               | You're right that the price doesn't fully correlate with
               | security. It will reflect supply (security and interest
               | of researchers) and demand (how much there is to be
               | gained by breaking into each platform).
               | 
               | Android is more widely used, but I gather more money is
               | spent in the app store than the play store. I don't know
               | the market share of "interesting" users.
               | 
               | My analysis would be that the number shows they're not
               | that far apart. I'd be skeptical of anyone (IE apple's
               | press release) saying that either platform is more
               | secure. Security is too nuanced to be expressed as a
               | total order.
        
               | LogonType10 wrote:
               | Agreed! Thank you for posting that Zerodium link. It's
               | always great to bring substantive data into a security
               | discussion.
        
               | fsflover wrote:
               | > is there any device with a high monthly active user
               | count that has a higher cost to purchase a black market
               | exploit than the iPhone?
               | 
               | This is unfair, because there is a duopoly and the only
               | alternative on mass market is Android. Of course in such
               | circumstances the exploits will be expensive, even if
               | security is awful.
               | 
               | Ignoring this, Purism takes security more seriously,
               | because they give the user full control over the OS with
               | possibility to replace/reinstall or harden it. In
               | contrast to that, rarely updated iMessage is impossible
               | to uninstall on iOs.
        
             | kelnos wrote:
             | > _i think what we want is for apple to 'actually try' to
             | provide security, in some way that results in security
             | order of magnitudes better than we enjoy today_
             | 
             | That's a pretty tall order, and would likely result in a
             | device that is much more expensive and has a user
             | experience that users would not like. Assuming "orders of
             | magnitude better" is even possible, of which I am
             | skeptical.
        
           | tptacek wrote:
           | I co-sign this whole comment and answer the rhetorical
           | question: $50MM for an exploit chain would not stop a state-
           | level adversary. Their alternatives for these kinds of
           | operations is human intelligence; they'd pay more just in
           | health benefits to staff those operations.
        
           | snowwrestler wrote:
           | You're not wrong about the impossibility of perfect security.
           | 
           | But Apple is praising and promising to support independent
           | security research in this press release. Meanwhile they have
           | a reputation among independent security researchers for being
           | standoffish, opaque, slow to respond, and even outright
           | hostile in suing Corellium. They settled that suit but the
           | reputation remains.
           | 
           | Apple is the most valuable company in the world. They do not
           | appear to have the best security program in the world.
           | Whatever Citizen Lab can do, Apple should be able to do
           | better; they have a lot more resources and expertise.
           | 
           | I'm not doubting that Apple puts a lot of effort into
           | securing their products. But it seems like they still have
           | significant room for improvement.
        
             | concinds wrote:
             | Seconded. There are many, many low hanging fruits that
             | would substantially improve Apple users' security that
             | Apple has not yet implemented, for example delivering
             | Safari updates independently from macOS updates and having
             | a seamless auto-update mechanism equivalent to every other
             | modern browser. Apple repeatedly claims that most malware
             | targets Android, which is true, but it includes Play Store
             | adware and side-loaded malware; if you only take RCE
             | exploits, which are the relevant class of malware here, one
             | could argue Android is as secure, or more secure than iOS.
             | I would argue the latter, given that Safari and iMessage
             | (as well as integrated WebKit webviews, like Apple Music)
             | seem like the primary attack vectors, and the ones used by
             | NSO; and that security updates to those components, unlike
             | the Android equivalents, are delayed to match Apple's
             | preferred iOS release schedule, instead of being
             | autoupdated separately and transparently to the user.
        
               | nicce wrote:
               | One could also argue, that as Apple is commonly branded
               | as "secure" alternative, and therefore high profile
               | targets are potentially using their products. This might
               | mean that interest is much higher for attackers on that
               | side. They might not care so much about Android.
               | Increased interest and effort means that more likely
               | something is found.
               | 
               | Also, Apple's sandboxing settings and permission managing
               | makes the most malware pretty useless with App store
               | policies (no sideloading), so only RCE exploits are kinda
               | useful.
               | 
               | What it comes to iMessages, that is the most interesting
               | channel with Safari to deliver exploits, iMessage without
               | user interaction and Safari with some. All you need to
               | know is that target is using iPhone. Other non-default
               | applications as target introduces new challenges.
               | iMessage and Safaring being part of OS updates might
               | indicate, that they are handled differently compared to
               | other apps - is security policy same, worse or better? Is
               | there larger attack interface to system by using these
               | apps?
        
             | miohtama wrote:
             | Recently
             | 
             | https://arstechnica.com/information-
             | technology/2021/09/three...
        
             | jolux wrote:
             | > They do not appear to have the best security program in
             | the world.
             | 
             | By what measure? That they don't find all the security
             | bugs? Have you seen what iOS exploit chains look like these
             | days? They're not exactly simple. I think there is
             | literally no amount of money that could be spent that would
             | eliminate all the security bugs in iOS, or Apple would be
             | figuring out how to spend that much right now. So yes, you
             | can always argue that they should spend more, and I'm sure
             | they do spend more every time something like Pegasus
             | happens, but it's not some grand revelation. This is just
             | how things are.
             | 
             | > Whatever Citizen Lab can do, Apple should be able to do
             | better; they have a lot more resources and expertise.
             | 
             | At the tail, this doesn't matter. Other people find bugs
             | because there are _always_ more bugs to be found. There
             | will never be a situation where only Apple can find more
             | bugs in its operating system.
        
           | Sporktacular wrote:
           | It's not clear the user experience would have to suffer.
           | Maybe there are more groups doing for software architecture
           | what Signal did for messaging. Groups like Heisers' SEL4 and
           | Qubes. As for expense, imagine how much more we would have
           | paid today, in real and opportunity costs, if over the last
           | 20 years everyone used this "no such thing a perfect
           | security" fatalism as the excuse to not just do things a bit
           | better.
        
         | kingcharles wrote:
         | Why not both?
        
         | jmull wrote:
         | As if there's a magic button trillion dollar companies can buy
         | that, when pushed, removed all security vulnerabilities from
         | software and hardware, no matter how complex!
        
       | sorry_outta_gas wrote:
       | hah! that'll show 'em /s
        
       | Sporktacular wrote:
       | We need to target the pos engineers and management at NSO,
       | Finfisher, Hacking Group etc. who sell their souls for a fast
       | buck. These pricks are likely already setting up the next
       | corporate front for when this one collapses. Let's make the
       | mercenary business a cripplingly expensive line of work.
        
       | fortran77 wrote:
       | Apple enabled them by making insecure operating systems. Aren't
       | we on Hacker News all for the ability to side-load software on
       | your platform?
        
         | threeseed wrote:
         | Do you have some statistical evidence that macOS is
         | fundamentally more insecure than other operating systems ? That
         | would be surprising to me given many controls e.g. application
         | signing I've not seen implemented on other platforms.
        
           | fortran77 wrote:
           | NSO seems to concentrate on making products for iOS
        
       | yuvadam wrote:
       | The framing of NSO as "state-sponsored" cannot be overstated, and
       | Apple didn't miss the chance to do just that.
       | 
       | A hard blow to Israel's policy just as much as it is to NSO
       | itself.
        
         | badRNG wrote:
         | One could interpret this as the software is "sponsored" by the
         | governments that finance their operations and purchase their
         | products. This would be countries like Saudi Arabia, Mexico,
         | Germany, and Kazakhstan, not _necessarily_ Israel.
         | 
         | Though the fact the US has sanctioned an Israeli business does
         | seem to have potential implications on Israeli policy. [1]
         | 
         | [1] https://www.reuters.com/technology/us-blacklists-four-
         | compan...
        
           | DSingularity wrote:
           | NSO would not sell to those countries if the regional
           | interests of Saudi /UAE were unaligned with the Israeli
           | desires for the regions. Israel wants dictatorships
           | throughout the Arabian peninsula and turmoil within the
           | borders of all of its neighbors. The NSO software helps
           | advance Israeli interests on both those fronts.
        
           | technobabbler wrote:
           | Beyond merely selling their products to Israel, the NSO Group
           | itself is an Israeli firm, founded by ex-Israeli
           | intelligence, and whose products are subject to Israeli
           | national export controls.
           | 
           | https://en.wikipedia.org/wiki/NSO_Group
           | 
           | That's a level of sponsorship way beyond simply being a
           | customer... that's state espionage served with a side of
           | profit. It's evil when the USA does it, it's evil when the
           | Russians do it, it's evil when China does it, it's evil when
           | Israel does it... but nobody does anything about it because
           | all those states would prefer strong surveillance rather than
           | rights for activists and journalists.
        
             | einpoklum wrote:
             | > Israeli national export controls
             | 
             | A crash course in Israeli national export control:
             | 
             | 1. You can sell everything except for nuclear tech (and
             | maybe even that, I don't know).
             | 
             | 2. If the client is not officially an enemy of Israel then
             | do whatever you want, we don't give an f'ing f'.
             | 
             | 3. If the client _is_ officially an enemy of Israel, then
             | all sales must be conducted through official (secret) state
             | channels. Independent side-action will not be tolerated
             | (see the cases of Nahum Manbar or Shim'on Sheves). This
             | might be a hassle, but the upside is that the courts will
             | uphold complete secrecy of your affairs and the military
             | censorship (yes, Israel has that) will likely prevent any
             | nasty exposes.
             | 
             | 4. If the US throws a tantrum, then sections (1.) and (2.)
             | are abrogated. But don't worry: There plenty of generals
             | and other high-ranking retired officers are in key
             | positions in politics, and a bunch of us are wanted for war
             | crimes anyways with ICC cases pending, so... we're all
             | friends here and we got your back.
        
             | nickff wrote:
             | None of this seems like 'sponsorship' to me, it seems more
             | like 'restriction' or 'regulation'. 'Sponsorship' implies
             | that someone is providing a level of funding beyond just
             | being a paying customer. Is there any evidence that the
             | government of Israel (or any of the other governments you
             | mention) are actually providing loans or share capital to
             | NSO Group?
        
               | high_byte wrote:
               | my brother has vans sponsorship. he gets shirts and
               | shoes, not money ;)
               | 
               | you get my point?
        
               | nickff wrote:
               | I agree that the word 'sponsorship' has been quite
               | diluted, as you point out, but it should mean something
               | more than 'be a customer of'. Do I sponsor my local
               | sports team when I buy tickets to a game? Am I sponsoring
               | Netflix by subscribing? Do I sponsor my local government
               | by paying property taxes? On the flip side, does my
               | government sponsor me by granting a driver's license?
        
               | Sporktacular wrote:
               | I get bothered by the use of the term "nation-state" in
               | this context.
               | 
               | And I thought I was pedantic.
        
               | nickff wrote:
               | > _" I get bothered by the use of the term "nation-state"
               | in this context.
               | 
               | And I thought I was pedantic. "_
               | 
               | I don't think I'm being pedantic, it seems like people
               | use the word 'sponsor' in these contexts to exaggerate
               | and vilify.
               | 
               | Nobody seems to have used the word 'nation-state' in this
               | post; what made you think of it?
        
               | Sporktacular wrote:
               | It's used throughout the comments and the topic
               | generally. I don't call it out (for meaning a state with
               | a since ethnic because I get the point being made.
               | 
               | As for sponsorship, states sponsor their industries by
               | providing labor trained at public expense, promoting them
               | abroad through trade agreements, access to trade
               | representation etc. so there is the technical definition
               | of sponsorship met.
               | 
               | The revolving door between Unit 8200 and surveillance
               | startups is documented as is Israel's courting of KSA and
               | the UAE with access to intelligence sharing and
               | capabilities as a bargaining chip. Most of all, it's just
               | logical, why wouldn't they? It's good for the state and
               | its industry. Just sucks for everyone else.
        
               | threeseed wrote:
               | Dictionary defines it broader than just money i.e.
               | support, advice etc.
               | 
               | In this case it is clear that the Israeli government is
               | sponsoring NSO.
        
             | fortran77 wrote:
             | The very wikipedia article you linked to says that the NSO
             | Group is owned by " Novalpina Capital" They describe
             | themselves this way:
             | 
             | > Novalpina Capital is an independent European private
             | equity firm that focuses on making control equity
             | investments in middle market companies throughout the
             | continent. Novalpina Capital has a solution-orientated,
             | entrepreneurial approach to investing and creating value in
             | its portfolio companies.
             | 
             | > Novalpina Capital was established by Stephen Peel, Stefan
             | Kowski and Bastian Lueken in 2017. The Founding Partners
             | bring combined experience of 48 years in private equity
             | investing, including senior positions in the European
             | operations of leading global private equity investment
             | firms, and have a shared history of working together for
             | nearly a decade.
        
             | rodgerd wrote:
             | Every Israeli citizen, except religious extremists, serves
             | in the IDF or equivalent; if you look useful to the
             | intelligence apparatus, that's where you'll end up.
             | 
             | You literally cannot find an Israeli company that isn't
             | founded, run, and staffed by people with military or
             | intelligence links, unless you're only dealing with
             | religious extremists.
        
       | tzahifadida wrote:
       | If you think that israel is doing anything not sanctioned by the
       | US government you are mistaken. In Israel NSO cant make a move
       | without 7 agencies regulating it. This is considered a weapon
       | sale. The same weapons the US are sponsoring israel and buy them
       | from israeli industry. There is no way NSO will fail from this.
       | So eula or whatever these are matters between states for national
       | security interests.
        
         | shmatt wrote:
         | Yes, the many US government 3 letter agencies would love to
         | have full read access to every single iPhone in the world. It
         | doesn't mean Apple needs to comply, or that doing so without a
         | search warrant is legal in California
        
           | jjcon wrote:
           | >the many US government 3 letter agencies would love to have
           | full read access to every single iPhone in the world
           | 
           | They 100% already do
        
             | VWWHFSfQ wrote:
             | Baseless speculation is not useful here. Especially when
             | it's toned as some kind of truth.
        
         | azernik wrote:
         | You are extrapolating very tight Israeli state control of the
         | Israeli arms industry (very true) to very tight _US_ state
         | control of the Israeli arms industry, which is not actually how
         | the relationship works.
         | 
         | The US has influence over Israeli sales of Israeli-made arms,
         | but this is costly to exert and only used sparingly.
         | Historically, it's restricted to preventing Israeli arms sales
         | to direct US rivals like China or Russia. When Israel sells
         | guns to dictatorships in Africa or Southeast Asia that the US
         | doesn't like, the Americans are perfectly willing to agree to
         | disagree.
         | 
         | EULAs and other civilian contractual arrangements are important
         | here because these weapons were used against US civilians and
         | US civilian property. When Soltam howitzers kill villagers in
         | Myanmar, the US executive branch doesn't give a damn; but as
         | soon as a US corporation (Apple) has to pay for warranty
         | returns the courts wake up and pay attention.
        
         | einpoklum wrote:
         | Actually, the US allows Israel quite a bit of leeway in its
         | underhanded weapons and security services trade. There was that
         | time when Israel almost sold AWACS systems to China:
         | 
         | https://nationalinterest.org/blog/buzz/israel-wont-sell-awac...
         | 
         | so, the sale didn't go through due to US pressure, but the
         | point is that Israel not only contemplated it, but was going to
         | carry it through.
        
         | ribosometronome wrote:
         | The US Government is not a single-minded entity. Covert actions
         | sanctioned by a balding old men in a dingy fluorescent lit room
         | can still end up quashed when they come to light and the courts
         | get involved.
        
         | sharklazer wrote:
         | The only thing I can add to what you said is another cynical
         | thought of mine, starting with the question of why would Apple
         | waste the money in this case? And the only answer I can come up
         | with is that they need to re-establish their image of
         | "security". I can't help but feel with various actions taken by
         | them in recent times this being anything more than theatre
         | unfortunately. If they prevail, I wonder if it will simply be a
         | case of Blackwater renaming themselves.
        
           | boomboomsubban wrote:
           | >why would Apple waste the money in this case?
           | 
           | To set a precedent that they can claim damages for violating
           | their terms and conditions.
        
         | thetinguy wrote:
         | Wait until you out about five eyes and the run around the 4th
         | amendment.
        
         | melony wrote:
         | Agreed, there is a channel for private entities to resolve
         | matters of the state and that is via lobbying the executive or
         | the legislative. Going after Israel's outsourced intelligence
         | technology research group via the judiciary branch risks Apple
         | being caught in the political crossfire. Apple at the end of
         | the day is not Blackwater, they do not have any form of
         | influence over force if things really hits the fan. Israel
         | isn't a South American banana republic that can be easily
         | overthrown by private corporations either. To put it in
         | perspective, how would you react if (hypothetically) Lockheed
         | Martin gets sued by Yandex if one of their missiles blew up a
         | self driving car being tested in some far flung Central Asian
         | state? Do you expect Lockheed Martin to be bound by contractual
         | laws in the city of Moscow and for the matter to be settled via
         | civilian lawsuit or arbitration?
        
       | udev wrote:
       | The amount of time that Apple sat on this is telling.
       | 
       | First reports on NSO activity are from 2016, Facebook filed in
       | 2019, Apple iOS 14.8 fix released in Sept 2021.
       | 
       | Only when the constant negative news about NSO started chipping
       | at their reputation, did they decide to make this symbolic (and
       | ultimately ineffective) move.
        
         | reaperducer wrote:
         | Read the New York Times article. It says that Apple was only
         | able to file this suit because of a court ruling in a similar
         | suit by Facebook and because it was given code that showed it
         | how Pegasus works.
         | 
         | There is nothing at all "telling" about Apple's timing.
        
           | udev wrote:
           | I am all for Hanlon's razor.
           | 
           | But it reads to me as: Apple legal team has to act because
           | Facebook suit (and the info made public) makes it impossible
           | to say that "Apple was not aware" of such and such details.
           | 
           | To me it is much easier to believe the above, compared to
           | your "Apple is only now seeing this info, and only now is
           | aware, and only now can act".
        
             | freejazz wrote:
             | Look, if you don't know how legal standing works, that's
             | one thing. But to reject the explanation provided to you
             | and to cite your own ignorance as a legitimate source of
             | disbelief while you poo-poo away a dispositive fact isn't
             | reasoning.
        
               | udev wrote:
               | Apple knows since at least 2016 of NSO activities on
               | their devices and servers, while selling this image of
               | privacy competence.
               | 
               | This long period of inaction, from 2016 to now is
               | unacceptable.
        
               | freejazz wrote:
               | It's as if you don't get the point about legal standing.
               | Apple can only take action now because of a court
               | deciding that Facebook's TOS forum clause is actually
               | binding. If they filed the case prior to such a holding,
               | it'd have been dismissed.
        
               | spiderice wrote:
               | Sounds to me like GP really WANTS this to be "telling",
               | when in reality it obviously isn't.
        
               | udev wrote:
               | What if Facebook never filed? Would Apple never be able
               | to act on this?
               | 
               | If they would have acted, why didn't they do it before
               | Facebook?
        
               | freejazz wrote:
               | "What if Facebook never filed? Would Apple never be able
               | to act on this?"
               | 
               | If there wasn't precedent that Apple's TOS venue clause
               | was binding, then the case would have been thrown out as
               | I just previously explained.
               | 
               | "If they would have acted, why didn't they do it before
               | Facebook?"
               | 
               | Because the case would have been dismissed as I just
               | explained.
        
               | udev wrote:
               | Before Facebook filed, was there precedent for their TOS?
        
               | freejazz wrote:
               | No, but Apple probably didn't want to spend 4 years
               | litigating the TOS issue prior to ever reaching the
               | merits. There's also the risk that they lose the TOS
               | issue.
        
               | [deleted]
        
           | cronix wrote:
           | I think it also didn't hurt for the US Dept. of Commerce to
           | add NSO Group to the Entity List for Malicious Cyber
           | Activities just 2 weeks ago. It certainly doesn't hurt your
           | case for the US Gov't to officially list them.
           | 
           | > NSO Group and Candiru (Israel) were added to the Entity
           | List based on evidence that these entities developed and
           | supplied spyware to foreign governments that used these tools
           | to maliciously target government officials, journalists,
           | businesspeople, activists, academics, and embassy workers.
           | These tools have also enabled foreign governments to conduct
           | transnational repression, which is the practice of
           | authoritarian governments targeting dissidents, journalists
           | and activists outside of their sovereign borders to silence
           | dissent. Such practices threaten the rules-based
           | international order.
           | 
           | https://www.commerce.gov/news/press-
           | releases/2021/11/commerc...
        
           | rStar wrote:
           | except thats it's curiously well timed for this news to drop
           | at the beginning of holiday shopping, like an advertisement,
           | or possibly, this is pure marketing. nso and apple are
           | partners. apple leaves holes, nso exploit, said holes.
        
             | tpush wrote:
             | Conspiratorial nonsense.
        
               | rStar wrote:
               | unless you understand how tech, business, governments and
               | security services work, then not so much
        
               | haswell wrote:
               | That's a pretty massive thing to imply without any
               | followup. As someone who understands how tech, business,
               | governments and security services work, care to enlighten
               | the rest of us?
        
       | DisjointedHunt wrote:
       | I've been heavily critical of Apple for their on device scanning
       | plans but credit where it's due. This act hopefully exposes the
       | sheer abuse of Public funds to find and exploit vulnerabilities
       | and somehow those same vulns find themselves in the commercial
       | domain, available to the fucking despots in the Middle East and
       | wherever else?
       | 
       | It's about time those that took the oath to protect the nation
       | from harm step up and do so instead of creating a million more
       | problems by shipping these exploits off to a later time while
       | they sit on them.
        
       | suthakamal wrote:
       | I think the most important part of this announcement (I cried
       | genuine tears of joy when I read it) is that Apple is committing
       | to give Citizen Lab whatever they need. That kind of internal
       | access to Apple's people and infrastructure is tremendous.
       | 
       | I've never heard anyone but a despot (or vendor to despots) claim
       | anything untoward about Citizen Lab, it sure seems like they're
       | genuine "good" folks. They do great work, and they'll do better
       | with support and access. The announcement makes it sound like
       | Apple is willing to offer similar support to other good actors. I
       | imagine Apple putting the word out will yield a few more.
       | 
       | It raises - again - the question of what we expect from big
       | companies vs governments, and questions of sovereignty. Where's
       | the line between supporting good work and cyber vigilantes (if
       | it's not a thing today, it will be, and what will society's place
       | be with respect to them)?
        
       | lehi wrote:
       | Only curbing "abuse" implies that "normal use" of state-sponsored
       | spyware remains kosher.
        
         | miohtama wrote:
         | > Apple believes privacy is a fundamental human right, and
         | security is a constant focus for teams across the company.
         | 
         | This in the press release. It is missing the bit "except in
         | China."
        
           | Sporktacular wrote:
           | +1
        
         | rStar wrote:
         | apple builds their own hardware and software. security, or lack
         | thereof, is clearly apples choice. apple blaming nso here is
         | pure public relations and optics, nee propaganda, which many on
         | this board drink like the koolaid it is. it's confirmation
         | bias.
        
           | kevinh wrote:
           | Ah, yes, Apple just neglected to flip the security switch on.
        
             | smoldesu wrote:
             | They certainly haven't flipped the "US-sanctioned spyware"
             | switch off.
        
       | jbverschoor wrote:
       | Thank you, Tim
        
       | khana wrote:
       | Better yet Apple, write better software.
        
       | sekura wrote:
       | NSO is pretty well covered by Darknet Diaries:
       | 
       | https://darknetdiaries.com/episode/99/
       | https://darknetdiaries.com/episode/100/
       | 
       | I have no sympathy for NSO.
        
       | daneel_w wrote:
       | Great. Also, don't forget to secure your operating systems, which
       | is the root problem.
        
       | ksec wrote:
       | I guess I am getting cynical. What is the context in which
       | trigger Apple to sue them _now_ , and not any time before?
       | 
       | And what if NSO Group closed the branch in US? I assume you cant
       | really do anything to an Israeli company.
       | 
       | Because half of it reads a lot like a PR pieces to me. And Apple
       | easily gets the marketing message response they wanted. They are
       | fighting " _State Sponsored_ " spyware. The privacy message they
       | are sending out ( fighting on behalf of their user ), in the mist
       | of a worldwide App Store battle and Anti-Trust.
       | 
       | And I am willing to bet this message will be used in their future
       | PR message when they discuss it in Anti-Trust to gain public
       | support.
        
         | cwkoss wrote:
         | NSO Group and any organization who does business with them
         | should be placed on the OFAC list
        
         | jmull wrote:
         | > What is the context in which trigger Apple to sue them now,
         | and not any time before?
         | 
         | Apparently Facebook has a similar suit against NSO and just had
         | a significant ruling go their way. NSO had claimed they were
         | immune since they were acting as foreign government agent.
         | 
         | I'm guessing Apple was waiting to see how that ruling went
         | before proceeding, since if NSO had won Apple would have to
         | take a completely different approach.
        
       | aborsy wrote:
       | What does state-sponsor mean here exactly? Is NSO supported by
       | Israel intelligence?
       | 
       | And if charges are laid against NSO, will its sponsors be
       | charged/sanctioned too (for sponsoring terrorism)?
       | 
       | If this was a company in another country, the reaction would have
       | been totally different (in some cases calls for bombing would
       | have been made, and continued for decades).
        
         | givemeethekeys wrote:
         | I think it means that they're pissing in the wind and hoping
         | that the direction is away from them.
        
       | michaelbuckbee wrote:
       | Ellsworth is a personal hero of mine - incredibly smart, wildly
       | talented and has a real vision for this space.
       | 
       | All that being said, it's a nightmare of a space which is why I
       | don't think there's been a big funding event for Tilt5.
       | 
       | "Meta View" was an AR company that raised $75mil, had a star
       | studded list of VR/AR technology folks, only ever shipped a
       | couple thousand units and now is defunct.
       | 
       | Magic Leap raised $3.5 Billion and now has given up on shipping a
       | consumer device (Enterprise only).
       | 
       | Microsoft's Hololens exited consumer applications even earlier,
       | enterprise only.
       | 
       | Oculus Quest is the most successful consumer VR tech (about 5
       | million sold) but it's really unclear if they're anywhere close
       | to turning a profit and they've spent tons to try and jump start
       | game developers in VR.
       | 
       | Tilt5 would require from the ground up games to be made, large
       | volumes of orders/units to be profitable and even if all that
       | came together could still be kneecapped by chip shortages and
       | supply chain issues.
        
         | ksec wrote:
         | Wrong thread?
         | 
         | Edit: I guess it is for Tilt-5 Was Magical [1], I copied your
         | reply over there.
         | 
         | [1] https://news.ycombinator.com/item?id=29317390
        
       | davidf18 wrote:
       | This is amazing publicity for NSO.
       | 
       | Is NSO is able to crack Apple security you can bet the NSA,
       | Chinese, Russians as well as Israel's Mossad is doing much the
       | same.
       | 
       | With this lawsuit, Apple is basically admitting that they need
       | lawyers and not engineers to combat the hacking.
       | 
       | But suing NSO would not stop the other agents from hacking Apple.
       | 
       | That is why it is best that Apple spend $100 million or more to
       | cybersecurity harden their software.
       | 
       | In addition, Apple should offer $1 million awards for breaking
       | their security.
       | 
       | One should also ask, how many lives were saved from terrorist
       | attacks by NSO. That would be an interesting story.
        
       | null_object wrote:
       | Wow you have to be on HN to see Pegasus portrayed by some people
       | as 'the little guy' fighting 'evil' Apple.
        
         | [deleted]
        
       | elzbardico wrote:
       | In a just world, Israel should suffer sanctions for sheltering
       | what is basically a criminal enterprise.
        
       | 0xcde4c3db wrote:
       | Anyone have a sense of the odds that the state secrets privilege
       | gets invoked, and if so how damaging it's likely to be to Apple's
       | case? Most examples involve a government entity being a party to
       | the case, but the privilege did shut down a patent infringement
       | suit between private entities not too long ago ( _Crater v.
       | Lucent_ ) [1].
       | 
       | [1] https://www.wired.com/2005/09/secrecy-power-sinks-patent-
       | cas...
        
       | dinkblam wrote:
       | meanwhile Google happily continues to run ads for malware like
       | the infamous 'MacKeeper'
        
       | notyourday wrote:
       | Apple simply needs to exercise its right to deplatform everyone
       | who works for NSO. Oh and deplatform all government wonks of
       | government of Israel as it is allowing NSO Group to operate.
       | 
       | Life in 2021 is very difficult without a smartphone. In fact it
       | is so difficult that if working for NSO comes with "no smartphone
       | forever" sticker NSO won't be able to find people to work for it.
        
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