[HN Gopher] NSO Should Lose Spyware Case for Discovery Violation...
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       NSO Should Lose Spyware Case for Discovery Violations, Meta Says
        
       Author : jmsflknr
       Score  : 53 points
       Date   : 2024-10-03 16:12 UTC (6 hours ago)
        
 (HTM) web link (news.bloomberglaw.com)
 (TXT) w3m dump (news.bloomberglaw.com)
        
       | excalibur wrote:
       | I want the option where NSO loses but the money goes to the
       | actual victims instead of Zuckerberg
        
         | h4x0rr wrote:
         | Lots of those victims are dead
        
           | erikerikson wrote:
           | By this logic, maybe we shouldn't charge murders because the
           | murdered party is not around to see justice?
           | 
           | Every victim has family or friends or things they cared about
           | publicly (usually the public presence is the reason they
           | became a victim).
           | 
           | Justice can be found in many ways.
        
             | gomerspiles wrote:
             | We are seeing justice from the many ways. There aren't many
             | people who appreciate waiting on justice in crimes that are
             | ruining a lot to steal a little.
        
         | JumpCrisscross wrote:
         | > _want the option where NSO loses but the money goes to the
         | actual victims instead of Zuckerberg_
         | 
         | "Punishment has five recognized purposes: deterrence,
         | incapacitation, rehabilitation, retribution, and restitution"
         | [1].
         | 
         | You're describing restitution. We're still on deterrence and
         | incapacitation, _i.e._ fining NSO so it stays away from America
         | and possibly putting it out of business so it can 't keep
         | selling its wares.
         | 
         | [1] https://open.lib.umn.edu/criminallaw/chapter/1-5-the-
         | purpose...
        
       | hypeatei wrote:
       | Wait Meta is suing the NSO group in U.S. courts? I thought they
       | were based in Israel and basically have protection from the
       | Israeli government.
       | 
       | > the court warned it would not feel reluctant to impose
       | sanctions
       | 
       | Ah okay so basically we're doing the ol' "going on your permanent
       | record" treatment. That means nothing to a state sanctioned
       | malware team.
        
         | stepupmakeup wrote:
         | It's always funny when <american government agency> announces
         | "sanctions" on north korean, chinese, russian state sponsored
         | hacking groups. What are you going to do, block them from using
         | AWS?
        
           | hypeatei wrote:
           | Exactly, it just results in misguided measures like IP-range
           | bans. Yeah, sure, that's going to stop a group dedicated to
           | finding zero days and other technical flaws.
        
           | mdhb wrote:
           | There is often a sizeable non public component to some of
           | these things that is firmly more in the gray zone.
           | 
           | For example knowing that there are few legal options to deal
           | with Russian groups who were doing ransomware attacks on
           | hospitals there was recently a public name and shame campaign
           | that lots of people had this exact kind of response to but
           | the actual way they were looking to impose costs on these
           | groups was by making sure that other crime groups in the
           | country were very aware of who these people were, that they
           | didn't have any meaningful protection but they did have a lot
           | of crypto money that would be very easy to rob from them. The
           | idea was to put them in harms way since as the theory goes it
           | would cause others to think twice.
           | 
           | Tactics differ obviously depending on the target and what
           | options make sense but this was for a non state backed group
           | who didn't have anything other than a cyber component to
           | them.
        
           | lesuorac wrote:
           | Uh, arrest them when they show up in a country with an
           | extradition treaty?
           | 
           | Do you think relatively highly paid individuals don't take
           | foreign vacations?
           | 
           | > [1] That was true for the men released Thursday. Both were
           | arrested on vacation in countries that cooperate with the
           | U.S. Klyushin was arrested in Sion, Switzerland -- four
           | people alleged to be co-conspirators remain at large -- and
           | Seleznev in Maldives.
           | 
           | [1]: https://www.nbcnews.com/tech/security/us-releases-
           | russian-ha...
        
             | edm0nd wrote:
             | I mean really the arrest warrants or sanctions are just
             | feel good PR for the agencies issuing them to let the
             | public they are "doing something". It's the only thing they
             | can do. For example, they aint ever going to pop a North
             | Korean threat actor bc they simply cant travel at will.
             | 
             | They do pop Russians traveling outside of the CIS country
             | region on vacation[1].
             | 
             | >According to Europol, a suspected LockBit ransomware
             | developer was arrested in August 2024 at the request of
             | French authorities while on holiday outside of Russia.
             | 
             | https://www.bleepingcomputer.com/news/security/police-
             | arrest...
             | 
             | One of my favorite quotes about these hackers in CIS is,
             | "Who cares if you have hundreds of millions of dollars, you
             | are still stuck in Russia or the CIS region for the rest of
             | your life".
        
               | jmwilson wrote:
               | > they aint ever going to pop a North Korean threat actor
               | bc they simply cant travel at will.
               | 
               | True, but the USG has a long memory and holds grudges.
               | Even if they never travel, they have to be confident
               | _every_ future government of the country will have their
               | back. What 's the odds the North Korean or Russian regime
               | substantially changes in their lifetimes? Probably higher
               | than the chance a future US administration will stop
               | caring about an outstanding warrant.
        
               | gomerspiles wrote:
               | Maybe I deceive myself when I think its too early to know
               | if the Marshall plan through Glasnost was the intelligent
               | half of an eternal cycle.
        
               | Scoundreller wrote:
               | Even if their country has their back, that protection
               | racket can come at a cost.
               | 
               | "So and so is looking to arrest you, it would really suck
               | if you got deported or put on this 'vacation' to France,
               | wouldn't it?"
               | 
               | Worth paying up, but if you're willing to pay _anything_
               | ...
        
               | chatmasta wrote:
               | What's CIS?
        
               | alephnerd wrote:
               | Commonwealth of Independent States - the former Soviet
               | Union
        
             | lupusreal wrote:
             | Russians get got, but Israelis? I don't see the US
             | government pulling many strings to get them.
             | 
             | Malware companies have openly operated in Israel for
             | decades: https://en.wikipedia.org/wiki/Download_Valley How
             | many extraditions of those guys to America from anywhere
             | have there ever been?
        
               | quotz wrote:
               | Israelis have impunity as you can see on TV these days
        
               | lupusreal wrote:
               | For everything from war crimes to child rape, Israel is a
               | safe haven for criminals:
               | https://www.cbsnews.com/news/how-jewish-american-
               | pedophiles-...
               | 
               | And do you ever hear American politicians make a stink
               | about it? Hell no, they're too busy bragging about how
               | they love Israel much more than their opponent.
        
           | salawat wrote:
           | Did you miss the legislatiin requiring KYC programs for IaaS
           | providers? Basically adds AWS and all othe American clouds to
           | the bucket of companies having to surveil for people on OFAC.
           | 
           | So yes. That's exactly what they'll do.
        
         | aethros wrote:
         | > I thought they were based in Israel and basically have
         | protection from the Israeli government.
         | 
         | NSO does business via various parent corps, subsidiaries, and
         | other entities around the globe.
         | https://en.wikipedia.org/wiki/NSO_Group#Overview
        
         | tracker1 wrote:
         | Not to mention the NSA/CIA and maybe even FBI are likely also
         | customers.
        
           | JumpCrisscross wrote:
           | > _the NSA /CIA and maybe even FBI are likely also customers_
           | 
           | Probably not, given NSO has been blacklisted since 2021 [1].
           | 
           | That doesn't mean they don't _use_ NSO 's products. But
           | they're buying it secondhand or reverse engineering it. Same
           | as we'd do for _e.g._ an Iranian drone innovation.
           | 
           | [1] https://www.reuters.com/technology/us-blacklists-four-
           | compan...
        
           | tptacek wrote:
           | You think NSA needs to go to NSO for exploits and implants?
           | There's a whole market for this stuff, NSO is just one actor,
           | and far from the best.
        
         | nceqs3 wrote:
         | The sanctions the court is talking about are monetary sanctions
         | against the lawyers/defendants, not sanctions, as in the
         | Treasury Department style of sanctions. Two different things.
        
         | JumpCrisscross wrote:
         | > _thought they were based in Israel and basically have
         | protection from the Israeli government_
         | 
         | They do [1]. That doesn't affect the supremacy of U.S. law.
         | 
         | > _so basically we 're doing the ol' "going on your permanent
         | record" treatment_
         | 
         | Sanctions in law means punishment [2]. In civil law, "sanctions
         | are usually monetary fines." But Meta may go further in seeking
         | damages in equity, which could range from injunctions on NSO
         | targeting Meta to distribution restrictions in the U.S.
         | 
         | Note that NSO and its leadership are already blacklisted by
         | Commerce [3]. This is the same designation we've put on _e.g._
         | Russia and Belarus 's militaries [4].
         | 
         | [1]
         | https://www.theguardian.com/news/article/2024/jul/25/israel-...
         | 
         | [2] https://en.wikipedia.org/wiki/Sanctions_(law)
         | 
         | [3] https://www.reuters.com/technology/us-blacklists-four-
         | compan...
         | 
         | [4] https://www.commerce.gov/news/press-
         | releases/2022/04/commerc...
        
       | bastard_op wrote:
       | I don't normally say this ever, but good for Meta. I'd love to
       | see NSO banned from US business as a scourge, but...
       | 
       | NSO, Cellbrite, all the good spyware/malware used by governments
       | and connected rich come from Israel companies. The FBI, CIA, and
       | local PD's certainly keep them on speed dial when they need into
       | someone's phone for a legal matter like someone shooting at an
       | orange on stage. Like Diddy said, can't stop, won't stop - cops
       | still need an easy instahack button, and they provide them
       | readily to the highest bidders.
       | 
       | Lots of Israeli "Gartner-rated" "Enterprise Security" vendors
       | like Checkpoint, Radware, Cato Networks, etc too. You wonder if
       | they sell the sickness in one hand, and the cure in another.
        
         | cedws wrote:
         | NSO ban? It should be an Israel sanction. NSO Group has
         | committed crimes against the people of the West and directly
         | aided their enemies. The Israeli government is complicit in
         | this.
        
           | lupusreal wrote:
           | Sanctions against Israel? It would be a miracle to even get a
           | slight reduction to the money and weapons the American
           | government gifts to them every year.
        
           | alephnerd wrote:
           | If you sanction Israel for Wassenar Agreement violations
           | (which it never signed), then the US has to do the same to
           | similar NATO and NATO+ allies like Singapore, the UAE, all of
           | ASEAN, PRC, and a number of Wassenar Agreement members like
           | Turkiye, India, and South Korea.
           | 
           | This is why arms control agreements are basically useless.
        
         | JumpCrisscross wrote:
         | > _FBI, CIA, and local PD 's certainly keep them on speed dial_
         | 
         | NSO was sanctioned by Commerce in 2021. A local PD doing
         | business with them would be akin to doing business with a
         | sanctioned Russian or Iranian entity.
        
         | alephnerd wrote:
         | > Lots of Israeli "Gartner-rated" "Enterprise Security" vendors
         | like Checkpoint, Radware, Cato Networks, etc too. You wonder if
         | they sell the sickness in one hand, and the cure in another
         | 
         | Not exactly.
         | 
         | The Offensive Security companies like NSO Group are viewed as
         | fairly scummy as well in Israel, but damn if they don't pay
         | good. The kind of person who would become leadership at a NSO
         | type company wouldn't become leadership at a Cato.
         | 
         | Lots of Israelis dislike the culture at the offensive security
         | companies which tends to skew very Wild West and toxic (eg.
         | Taking out new hires to strip clubs and lounges), and these
         | companies in turn largely exist in a legal grey area.
         | 
         | The moment the company becomes a liability (eg. NSO Group), it
         | loses political aircover fairly quickly
         | 
         | Heck, Netenyahu's Likud lead an inquiry against NSO Group and
         | it's founders in 2022 (though this was also because Bibi's
         | confidants were allegedly tapped by the intelligence community
         | in Israel by leveraging NSO [0]), though all this fell to the
         | wayside after the Judical Reforms as well as the Oct 7th
         | attacks.
         | 
         | Also, Israel is a very small country where everyone is 2nd or
         | 3rd degree connects with each other, so professional
         | reputations spread very quickly.
         | 
         | [0] - https://www.reuters.com/world/middle-east/top-israeli-
         | cop-re...
        
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       (page generated 2024-10-03 23:01 UTC)