5 ms·
Sending the malware via iMessage, assuming the flaw was part of iMessage and not standard SMS.
by Operyl 5y ago
Sending the malware via iMessage, assuming the flaw was part of iMessage and not standard SMS.
- tremon 5y agoBut if they did that, Apple wouldn't need the EULA because then they could throw the CFAA at them.
- Operyl 5y agoCould be used for attempting to find metadata on users then, etc. there’s a few things I could guess.
- arcticbull 5y agoI believe the CFAA is a criminal law, and charges would have to be brought by an AG. This is a civil case.
- FDSGSG 5y agoThis is not correct, civil suits over CFAA violations are common.
- alasdair_ 5y agoDoes the CFAA apply to an Isreali firm sending a text message from Isreal?
- FDSGSG 5y agoYes, it can. You can find Apple's lawyers explanation in the complaint under the "JURISDICTION AND VENUE" heading https://www.apple.com/newsroom/pdfs/Apple_v_NSO_Complaint_112321.pdf https://www.apple.com/newsroom/pdfs/Apple_v_NSO_Complaint_11...
- FDSGSG 5y ago... That's exactly what they did? From the complaint: >Count One >Violations of Computer Fraud and Abuse Act https://www.apple.com/newsroom/pdfs/Apple_v_NSO_Complaint_112321.pdf https://www.apple.com/newsroom/pdfs/Apple_v_NSO_Complaint_11... The EULA is used to establish jurisdiction, and for the separate breach of contract claim. Apple has servers around the world, without the EULA the jurisdiction isn't necessarily obvious.
- kergonath 5y agoThey are throwing the CFAA at then. However, the CFAA is an American law, which would be challenging to apply in a foreign court. So they are using the EULA to sue in California. It’s all in the article.