Apple Drops NSO Lawsuit: Spyware Battle Ends

Apple has submitted a motion to the U.S. District Court for the Northern District of California, seeking to voluntarily dismiss its lawsuit against the Israeli company NSO Group, the developer of Pegasus spyware.

In the document filed on September 13, 2024, Apple cites several reasons for this decision. The primary concern is the risk of disclosing critical information about Apple’s security systems during the legal proceedings.

According to company representatives, the landscape of the commercial spyware industry has significantly evolved since the lawsuit was filed three years ago. NSO Group has lost its leading position, but numerous other players have emerged. As a result, a victory against a single company would no longer have the impact Apple had anticipated in 2021.

“When we initiated this lawsuit nearly three years ago, we understood it would involve revealing information to third parties. However, the events that have unfolded since then have altered the risk landscape associated with such disclosures,” Apple stated in its filing.

Moreover, Apple continues to enhance its user protection system. Disclosing information about this system in court, even under strict supervision, could compromise its effectiveness.

“The inevitable risk of sharing this information with third parties would significantly undermine the effectiveness of our program and our ability to protect users, especially in a high-threat environment where adversaries aggressively seek to acquire such information by any means necessary,” the document emphasizes.

Apple also references media reports concerning a possible leak of materials in a similar lawsuit filed by WhatsApp against NSO Group. According to The Guardian, in an article published on July 25, 2024, Israeli authorities seized NSO Group documents to prevent their transfer to a U.S. court.

The company notes that since the lawsuit’s filing, many countries have acknowledged the risks that malicious spyware poses to their citizens. International agreements have been reached, recognizing the danger of spyware to human rights and committing to measures that mitigate its harmful impact.

Apple asserts that it still stands by the legitimacy of its claims against NSO Group. However, the company has decided to focus on technical methods to combat spyware without jeopardizing user security.

“To avoid compromising our commitment to the safety of our users and in light of the aforementioned developments, Apple has chosen to prioritize its security expertise and its advanced threat intelligence program, continuing to thwart destructive spyware through technical means,” the company declares.

A hearing on this motion is scheduled for October 24, 2024, in San Francisco. If granted, the case will be dismissed with no possibility of re-litigation.

Apple emphasizes that this decision has not been taken lightly and is motivated by a course of action that will best protect its users. The company expresses gratitude to the court for its thorough consideration of the issues presented thus far.

According to the filed documents, Apple does not believe the case dismissal will cause any legal harm to NSO Group. The company notes that the case is still in its early discovery phase, and NSO Group should not have incurred significant expenses beyond those typically associated with a motion to dismiss.