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Following an ordeal over whether the defendants could obtain Russian passports, sit for depositions in Europe, and turn over work files, Google’s attorneys and Litvak traded accusations of lying. In 2022, US district judge Denise Cote sided with Google. She found in a 48-page ruling that the defendants “intentionally withheld information” and “misrepresented their willingness and ability” to disclose it to “avoid liability and further profit” from Glupteba. “The record here is sufficient to find a willful attempt to defraud the Court,” Cote wrote.
Cote sanctioned Litvak, and he agreed to pay Google $250,000 in total through 2027 to settle. The jurist also ordered Starovikov and Filippov to pay nearly $526,000 combined to cover Google’s attorneys fees. Castañeda says Google has received payment from all three.
Litvak tells WIRED that he still disagrees with the judge’s findings and that Russia’s strained relationship with the US may have weighed on whom the judge trusted. “It’s telling that after I filed a motion to reconsider, pointing out serious issues with the court’s decision, the court went back on its original decision and referred [the] case to mediation, which ended with … me not having to admit to doing anything wrong,” he says in an email.
Google’s Castañeda says the case achieved the intended effect: The Russian hackers stopped misusing Google services and shut down their marketplace for stolen logins, while the number of Glupteba-infected computers fell 78 percent.
Not every case delivers measurable results. Defendants in Google’s other three hacking cases haven’t responded to the accusations. That led to Google last year winning default judgment against three individuals in Pakistan accused of infecting more than 672,000 computers by masquerading malware as downloads of Google’s Chrome browser. Unopposed victories are also expected in the remaining cases, including one in which overseas app developers allegedly stole money through bogus investment apps and are being sued for violating YouTube Community Guidelines.
Royal Hansen, Google’s vice president for privacy, safety, and security engineering, says lawsuits that don’t result in defendants paying up or agreeing to stop the alleged misuse still can make alleged perpetrators’ lives more difficult. Google uses the rulings as evidence to persuade businesses such as banks and cloud providers to cut off the defendants. Other hackers might not want to work with them knowing they have been outed. Defendants also could be more cautious about crossing international borders and becoming newly subject to scrutiny from local authorities. “That’s a win as well,” Hansen says.
More to Come
These days, Google’s small litigation advance team meets about twice a week with other units across the company to discuss potential lawsuits. They weigh whether a case could set a helpful precedent to give extra teeth to Google’s policies or draw awareness to an emerging threat.
Team leader Day says that as Google has honed its process, filing cases has become more affordable. That should lead to more lawsuits each year, including some for the first time potentially filed outside the US or representing specific users who have been harmed, he says.
The tech giants’ ever-sprawling empires leave no shortage of novel cases to pursue. Google’s sibling company Waymo recently adopted the affirmative litigation approach and sued two people who allegedly smashed and slashed its self-driving taxis. Microsoft, meanwhile, is weighing cases against people using generative AI technology for malicious or fraudulent purposes, says Steven Masada, assistant general counsel of the company’s Digital Crimes Unit.
The questions remain whether the increasing cadence of litigation has left cybercriminals any bit deterred and whether a broader range of internet companies will go on the legal offense.
Erin Bernstein, who runs the California office of Bradley Bernstein Sands, a law firm that helps governments pursue civil lawsuits, says she recently pitched a handful of companies across industries on doing their own affirmative litigation. Though none have accepted her offer, she’s optimistic. “It will be a growing area,” Bernstein says.
But Google’s DeLaine Prado hopes affirmative litigation eventually slows. “In a perfect world, this work would disappear over time if it’s successful,” she says. “I actually want to make sure that our success kind of makes us almost obsolete, at least as it relates to this type of work.”
