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The Lawfare Podcast

Orin Kerr and Asaf Lubin on Apple v. NSO Group

The Lawfare Podcast

The Lawfare Institute

History, News, National Security, Law, Terrorism, Current Events, Military, International Law, Foreign Policy, Intelligence, International Relations, Politics, Diplomacy, Rule Of Law, Government, Constitutional Law

4.76.4K Ratings

🗓️ 3 December 2021

⏱️ 45 minutes

🧾️ Download transcript

Summary

Late last month, Apple sued the Israeli technology firm NSO Group under the Computer Fraud and Abuse Act. That's the federal law that criminalizes computer hacking and provides a civil cause of action for hacking victims. NSO Group is primarily known for its Pegasus spyware software, which it provides to many governments for their law enforcement and national security investigations. Apple is suing NSO Group because many of the devices that Pegasus is used against are Apple iOS devices. Apple's lawsuit is just the latest in what has been several bad years for NSO Group, which has come under increasing scrutiny, most notably for the use of its software in the killing of Saudi journalist Jamal Khashoggi by the Saudi government, and for allegations that its products are used to commit a wide range of human rights abuses by authoritarian governments around the world. 

To talk through the merits of Apple's lawsuit, as well as its implications for the spyware industry and cybersecurity norms more generally, Alan Rozenshtein spoke with Orin Kerr, professor of law at the UC Berkeley School of Law, and Asaf Lubin associate professor of law at the Indiana University Maurer School of Law. 

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Transcript

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0:00.0

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become a material supporter of LawFair at patreon.com slash law fair.

0:14.0

That's patreon.com slash law fair.

0:18.0

Also, check out LawFair's other podcast offerings,

0:22.0

rational security, chatter, law fair no bull and the aftermath.

0:32.0

Right laptop, I'm ready to finish this thesis.

0:34.0

What thesis? The one I've spent two years working on.

0:36.0

Don't have it. What's the last version you saved?

0:38.0

Got final version, final final version, and no, I'm actually serious now.

0:42.0

This is the last version I will never save another version I promise.

0:46.0

Version 2. Surely that one? No.

0:48.0

Why? It's corrupted.

0:50.0

Swap. Swap. Swap.

0:52.0

For when you upgrade to an acochrome book,

0:54.0

they come with Google Drive built-in,

0:56.0

so you'll never lose a file again.

0:58.0

And save.

1:00.0

Already saved. Oh, thanks.

1:01.0

Saved it again.

1:08.0

They in response to the intrusion against their users devices

1:12.0

spent time coming up with fixes to their users devices

...

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