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Pablo Escobar's big bro and former accountant sues Apple for $2.6bn over FaceTime bug

(2020/05/28)


The older brother of dead Colombian cocaine warlord Pablo Escobar is suing Apple for a whopping $2.6bn over a security vulnerability that allegedly allowed miscreants to access his location via his iPhone X handset.

The bizarre [1]lawsuit [PDF] filed at the San Mateo Superior Court in Silicon Valley this week claims that a [2]known bug , which allowed attackers to snoop on another person's microphone using FaceTime, exposed Roberto Escobar's home address and whereabouts.

After he purchased an iPhone X through a reseller in Colombia in April 2018, he was reportedly bombarded with random FaceTime calls. Escobar didn't think too much about it until he reportedly received a death threat months later in January 2019. The letter, written by someone called Diego, claimed he had discovered Escobar's home address by exploiting the aforementioned FaceTime vulnerability.

Although the bug is only known to affect a user's microphone, Escobar claimed that it also leaks location data too. "[Escobar] has hired a technical specialist that made that determination, and he will present the proofs to the court if needed," a spokesperson told The Register . "He is 100 per cent certain that it was due to FaceTime."

Escobar lines up COO... for lawsuit: Controversial bendy phone slinger sues exec over 'missing cash, YouTube hijack' [3]READ MORE

As the "former accountant" of the Medellín Cartel he co-founded with his late brother, Escobar has survived multiple assassination attempts. The lawsuit alleges that his life was endangered by Apple, which sold him a smartphone that was vulnerable to security breaches. The reseller told Escobar that the iPhone X was the most "secure phone on the market" at the time.

What's more, Escobar said he even directly called Apple support staff, who confirmed that the iPhone X was indeed the most secure phone on the planet before making the purchase. The report also claimed that he paid for additional security features to ensure his phone was not susceptible to attacks. The reseller apparently assured him that the "iPhone simply cannot be exploited and will never be vulnerable to future exploits".

The lawsuit did not reveal what those security features were exactly. A spokesperson told us that "this is private and between Apple and Mr Escobar" and that he splashed out over $100,000 to beef up the security on his new smartphone. The investment clearly wasn't worth it, however.

"Apple breached the agreement," according to the filing. "Apple failed to provide a phone free of exploits, and as a result, criminals were able to use FaceTime to determine the Plaintiff's secure residential address and other personal information." And for that Apple supposedly deserves to pay a total of $2.6bn in damages.

Here's how Escobar did the maths: The breach of contract itself has cost Escobar $100m to devote extra time and money to protect himself and his family after his location was accessed by miscreants. Apple's negligent misrepresentation of its product drove him to relocate, so that's another $500m in damages. Finally, the emotional and physical toll exerted on the former gangland bean counter also has a price of, erm, $2bn.

Apple was not available for comment.

Escobar is no stranger to wacky lawsuits. He founded Escobar Inc, a company that has been peddling the [4]Fold 2 , a shiny gold flappy smartphone that is, in actual fact, a Samsung Galaxy Fold handset. It [5]sued its former COO for embezzlement and hijacking its YouTube account. ®



[1] https://regmedia.co.uk/2020/05/27/escobar_apple_lawsuit.pdf

[2] https://www.theregister.co.uk/2019/01/29/facetime_bug/

[3] https://www.theregister.co.uk/2020/04/27/escobar_smartphone_coo/

[4] https://www.theregister.co.uk/2020/03/12/bendy_double_screened_smartphone/

[5] https://www.theregister.co.uk/2020/04/27/escobar_smartphone_coo/

Special accountants rounding?

Ian 3

$100,000 to devote ... Apple's negligent misrepresentation... another $500,000 in damages. Finally, the emotional and physical toll exerted on the former gangland bean counter also has a price of, erm, $2bn.

So 2bn + 600,000 = 2.6bn? Rounding that 0.6m to 0.6bn? Is that just how Columbian accountants roll?

Re: Special accountants rounding?

en.es

looks better then $2.0006Bn?

Re: Special accountants rounding?

Raymond Berenger

Look at the market cap and acquisitions of some US companies and realise that these guys are rank amateurs. They wouldn't even have got a job on the HP Autonomy takeover.

Re: Special accountants rounding?

Kane

"Is that just how Columbian accountants roll?"

No, they snort.

Escobars phone is a scam

Steve Davies 3

Can't someone sue him for $2.6B?

It seems that he really needs the publicity to prop up his fake business.

likely

Anonymous Coward

"and he will present the proofs to the court if needed"

Well, if you're claiming 2.6B, it's indeed likely the judge will ask for this, yes.

Quite retarded lawsuit actually ...

"Apple -- It Just Narks."

Mike Moyle

Sorry... Couldn't resist!

OTOH: "The reseller apparently assured him that the "iPhone simply cannot be exploited and will never be vulnerable to future exploits"."

So shouldn't he be suing the RESELLER...? Or do they not have enough cash on hand to make it worth his lawyer's time?

Roberto Escobar

harmjschoonhoven

should have done what Pablo Escobar when he had a new home built.

Include a secret chamber in it and keep it secret by [1]murdering all the labourers who worked on it.

[1] https://www.amazon.com/Kings-Cocaine-Astonishing-International-Corruption-ebook/dp/B00USC6SYC

anthonyhegedus

What a load of garbage. It's all hinging on "The report also claimed that he paid for additional security features to ensure his phone was not susceptible to attacks."

It's clearly untruths on top of untruths as there's no such thing. Not for $100,000 anyway.

In any case, surely he should sue the people making death threats to him. Or is that too dangerous?

“Bring me the head of Timothy Cook”

macjules

[Escobar] has hired a technical specialist that made that determination

Do legal miscreants get to abuse our justice system?

RainCaster

It seems so, though I shake my head about the fairness of that.

Anonymous Coward

As a hitman, I wouldn't write you a letter first - kinda gives the game away doesn't it?

Tigra 07

Dear Mr Escobar

I plan to kill you and thought it polite to tell you in advance, as this might otherwise come as a shock to you.

Please don't change your travel plans suddenly in the near future.

Best regards

Mr Killer (Anonymous, with no return address, for obvious reasons)

anthonyhegedus

slightly revised to help boslter Mr Escobar's ridiculous story:

"Dear Mr Escobar

I found your address through various facetime calls to your phone. Thanks for answering and showing me the nearby scenery, your front door and telling me your address anyway..."

So you blow 100k on "added security"...

Chairman of the Bored

...and effen install FaceTime? Are you kidding me?

Someone needs to stop using his own product!

Anyone can file

WolfFan

A lawsuit. Actually avoiding getting laughed out of court is somewhat more difficult.

the most secure phone on the planet

andy 103

Escobar said he even directly called Apple support staff, who confirmed that the iPhone X was indeed the most secure phone on the planet

I highly doubt anyone would claim that. It's a mass produced phone, sold to millions of people.

That's a bit like saying The Bank of England use a safe from Argos.

It's very likely that intelligence agencies and government organisations have hardware that isn't available - or known to - the general public. Which of course makes any claim about a consumer-grade phone being "the most secure" total bullshit.

Tigra 07

"iPhone simply cannot be exploited and will never be vulnerable to future exploits"

Yep, that certainly sounds like something the average apple customer believes. Meanwhile, in the real world...

Poor fella.

Neil Barnes

One's sympathy is all that it should be.

"Apple failed to provide a phone free of exploits"

Pascal Monett

Um, I don't think Apple has ever declared that any of its models were "free of exploits", so that allegation is spurious and will be thrown out.

And concerning the $100K he supposedly plunked down to secure the phone, I do wonder what on Earth he could possibly have acquired for that sum that would be any good to secure a phone. Encryption is not that expensive.

Anonymous Coward

"The vulnerability allegedly leaked his location, making him a target for hitmen"

Some other reasons might have made him a target. The vulnerability just helped them aim at the target.

"Whom are you?" said he, for he had been to night school.
-- George Ade