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Pegasus is a notorious and dangerous spyware that is allegedly deployed by governments to spy on citizens. The spyware is made by Israel-based NSO Group and back in November 2021, Apple sued the company to “prevent further abuse and harm to its users.” Since then NSO Group has been actively trying to move the lawsuit out of the US to Israel. A judge today squashed NSO Group’s attempt of doing so.
According to a report by 9to5Mac, a California-based Judge Donato said that NSO’s claims do not warrant a change of location. “NSO’s ostensible burdens with respect to witnesses and evidence in this District are neatly balanced by equivalent burdens Apple would face if this case were litigated in Israel,” the judge noted. Furthermore, the judge argued that witnesses and evidence are likely to be located in the US and abroad in fairly equal measure, and one side or the other will face some challenges. “NSO has not demonstrated otherwise. NSO also overlooks the fact that the challenges will be amenable to a number of mitigating practices,” the judge ruled.
NSO Group had also argued that lawsuit, which claims the Pegasus maker violated the Computer Fraud and Abuse Act (CFAA) and California’s Unfair Competition Law, was not applicable. The judge ruled that out as well. NSO’s motion to dismiss is denied in all respects,” the judge ruled.
What happens next?
The judge also ordered that NSO has time till February 14 to answer Apple’s complaint. “A case management conference is set for April 4, 2024, at 10:00 a.m. IT IS SO ORDERED,” the judge added.
Apple had said — at the time of filing of lawsuit — that its devices are most secure but private companies developing state-sponsored spyware have become even more dangerous. “While these cybersecurity threats only impact a very small number of our customers, we take any attack on our users very seriously, and we’re constantly working to strengthen the security and privacy protections in iOS to keep all our users safe,” Apple said.
According to a report by 9to5Mac, a California-based Judge Donato said that NSO’s claims do not warrant a change of location. “NSO’s ostensible burdens with respect to witnesses and evidence in this District are neatly balanced by equivalent burdens Apple would face if this case were litigated in Israel,” the judge noted. Furthermore, the judge argued that witnesses and evidence are likely to be located in the US and abroad in fairly equal measure, and one side or the other will face some challenges. “NSO has not demonstrated otherwise. NSO also overlooks the fact that the challenges will be amenable to a number of mitigating practices,” the judge ruled.
NSO Group had also argued that lawsuit, which claims the Pegasus maker violated the Computer Fraud and Abuse Act (CFAA) and California’s Unfair Competition Law, was not applicable. The judge ruled that out as well. NSO’s motion to dismiss is denied in all respects,” the judge ruled.
What happens next?
The judge also ordered that NSO has time till February 14 to answer Apple’s complaint. “A case management conference is set for April 4, 2024, at 10:00 a.m. IT IS SO ORDERED,” the judge added.
Apple had said — at the time of filing of lawsuit — that its devices are most secure but private companies developing state-sponsored spyware have become even more dangerous. “While these cybersecurity threats only impact a very small number of our customers, we take any attack on our users very seriously, and we’re constantly working to strengthen the security and privacy protections in iOS to keep all our users safe,” Apple said.
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