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I would expect that if it's fabricated, Bloomberg will have to face a slew of defamation suits from the named companies. If it's real, the absence of those su

I would expect that if it's fabricated, Bloomberg will have to face a slew of defamation suits from the named companies. If it's real, the absence of those suits may tell us something too...

mcphage 8y ago
> I would expect that if it's fabricated, Bloomberg will have to face a slew of defamation suits from the named companies. I'm not sure defamation is the right word here—"X was attacked by a foreign government" isn't defamation.
- dragonwriter 8y ago
  It could be. Particularly of the foreign government, but also of the supposed target especially if security of the kind that was claimed to be compromised is key to their business reputation.
  - mcphage 8y ago
    > It could be. That's not going to win huge legal battles.
  - SahAssar 8y ago
    Just think of the repercussions if that was proven to be true. Any company could sue any reporter for reporting that they had a exploit, true or not.
    - dragonwriter 8y ago
      Well, yes, you can sue for anything. The barrier here isn't that publishing that a firm is subject to an exploit is specially categorically immune from defamation liability, but the regular standards for defamation, which in the US include falsity, a certain measure of responsibility for the falsity (which carries based on whether public figure or a matter of public interest are involved), and actually damaging publication.
jessaustin 8y ago
One element of such a case would be showing that the claims are untrue. Discovery on that question would dig deep into all sorts of areas that no one besides Bloomberg would want dug into.
- kodablah 8y ago
  > no one besides Bloomberg would want dug into Well no one at those companies maybe, but I sure would. Transparency is the only way truth will be known here, and that's against the nature of secret sources and against the nature of Apple in general. If only there were an independent arbiter we could trust that could view both sides in confidence and provide an independent ruling, but there's too much statecraft involved for that to happen.

I would expect that if it's fabricated, Bloomberg will have to face a slew of defamation suits from the named companies. If it's real, the absence of those suits may tell us something too...

mcphage 8y ago

> I would expect that if it's fabricated, Bloomberg will have to face a slew of defamation suits from the named companies. I'm not sure defamation is the right word here—"X was attacked by a foreign government" isn't defamation.

dragonwriter 8y ago
It could be. Particularly of the foreign government, but also of the supposed target especially if security of the kind that was claimed to be compromised is key to their business reputation.
- mcphage 8y ago
  > It could be. That's not going to win huge legal battles.
- SahAssar 8y ago
  Just think of the repercussions if that was proven to be true. Any company could sue any reporter for reporting that they had a exploit, true or not.
  - dragonwriter 8y ago
    Well, yes, you can sue for anything. The barrier here isn't that publishing that a firm is subject to an exploit is specially categorically immune from defamation liability, but the regular standards for defamation, which in the US include falsity, a certain measure of responsibility for the falsity (which carries based on whether public figure or a matter of public interest are involved), and actually damaging publication.

jessaustin 8y ago

One element of such a case would be showing that the claims are untrue. Discovery on that question would dig deep into all sorts of areas that no one besides Bloomberg would want dug into.

kodablah 8y ago
> no one besides Bloomberg would want dug into Well no one at those companies maybe, but I sure would. Transparency is the only way truth will be known here, and that's against the nature of secret sources and against the nature of Apple in general. If only there were an independent arbiter we could trust that could view both sides in confidence and provide an independent ruling, but there's too much statecraft involved for that to happen.