Apple Files to Drop Lawsuit against NSO Following Revelations by Forbidden Stories
After Forbidden Stories revealed Israeli government interference in another legal case against the spyware manufacturer, Apple has decided to drop its lawsuit against Israeli company NSO Group.
By Mariana Abreu
September 20, 2024
Apple filed a motion seeking the “voluntary” dismissal of its lawsuit against Israeli spyware-maker NSO Group, citing reporting by Forbidden Stories and partners that revealed how Israeli officials maneuvered to block the disclosure of Pegasus-related documents in U.S. court proceedings.
In July 2024, Forbidden Stories revealed that the Israeli government intervened to prevent the “discovery” of documents in a parallel litigation with Meta’s WhatsApp. This pre-trial procedure, typical to common law jurisdictions such as the U.S., can lead to sensitive, internal documents being produced in court through a subpoena.
Leaked files from the Israeli Ministry of Justice, obtained by non-profit Distributed Denial of Secrets (DDoSecrets) and shared with the consortium, suggest the government ordered the seizure of files from NSO Group headquarters. Israel also imposed a gag order on Israeli media preventing further dissemination of information about the seizure, citing national security and foreign relations interests.
Scott Horton, a lecturer at Columbia Law School, told the consortium these were “strange procedures to be taking in relation to a private entity. The only way to make sense of it is to say, ‘well that masks a reality, which is that [NSO] is an integral part of the Israeli defense establishment and they are trying to shield it from public discovery.’”
“While Apple takes no position on the truth or falsity [of the investigation], its existence presents cause for concern about the potential for Apple to obtain the discovery it needs,” a redacted version of the filing reads.
“It’s disappointing to lose yet another opportunity to hold spyware abusers accountable in court,” Donncha Ó Cearbhaill, Head of Security Lab at Amnesty International, said. “NSO Group continues a cynical legal strategy to delay, frustrate, and slow walk any meaningful engagement with numerous legal actions worldwide into the human rights abuses powered by their Pegasus spyware.”
Since 2019 and 2021, respectively, NSO has been battling lawsuits brought by WhatsApp and Apple accusing the spyware maker of exploiting vulnerabilities in their softwares to hack users’ phones—allegations NSO has denied.
A 2021 investigation led by Forbidden Stories uncovered that, although marketed as a tool for combating terrorism or organized crime, Pegasus was allegedly used to target over 180 journalists, along with human rights defenders, lawyers, opposition politicians, and government officials, according to the Pegasus Project‘s findings.
The U.S. government subsequently barred NSO from conducting business with Americans, and blacklisted Pegasus spyware as a threat to national security.
In a complaint previously filed in a California district court, Apple described NSO Group as “amoral 21st century mercenaries who have created highly sophisticated cyber-surveillance machinery that invites routine and flagrant abuse.”
The iPhone maker stated that its efforts, alongside those of industry peers, have “substantially weakened” NSO Group. However, the tech giant noted that “other malicious actors” have since emerged in the commercial spyware market. “This combination of factors,” Apple explained, “is why we now seek voluntary dismissal of the case.”
Apple also stated that while it “continues to believe in the merits of its claims,” further disclosure of its own documents “even under the most stringent controls” could compromise its own counter-spyware research programs.
“NSO’s efforts to obtain sensitive evidence on abuse investigations from civil society researchers and defenders also has a chilling effect on accountability efforts, as seen here with Apple,” Ó Cearbhaill added. “We call on NSO Group, the Israeli authorities, and all actors in the cyber surveillance industry to engage honestly and openly with these long overdue accountability efforts.”
NSO Group, the Israeli Ministry of Justice, and Apple did not respond to Forbidden Stories’ requests for comment.