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After emphasizing the importance of security to Apple as early as possible, the WilmerHale legal team describes NSO in the exact opposite language: “NSO is the antithesis of what Apple represents in terms of security and privacy. While Apple creates products to serve and protect its users, NSO targets and attempts to exploit those products to harm Apple and its users.”
Apple’s claims for relief are similar, though not identical, to those brought in the still-pending WhatsApp suit from 2019. Both suits allege violations of the Computer Fraud and Abuse Act. The second count in each complaint is also a California law claim, although WhatsApp alleges a violation of state data law, while Apple alleges a violation of the state business and professions code. The third count in each complaint is a breach of contract claim based upon violation of company terms.