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A Turning Point in the Fight for Digital Press Freedom
In a landmark legal decision, a U.S. appeals court has revived a lawsuit filed by Salvadoran journalists against NSO Group, the controversial Israeli spyware company behind the infamous Pegasus software. This case had previously been dismissed by a lower court based on jurisdictional grounds, but the U.S. Court of Appeals for the Ninth Circuit ruled that the dismissal was an abuse of judicial discretion. With that, the case now heads back to a federal court in California, setting a powerful precedent for transnational accountability in the digital age. This decision also signals a significant moment for global press freedom advocates who argue that spyware firms must be held responsible for enabling human rights abuses, particularly against journalists.
A Legal Revival with Global Implications
The lawsuit, known as Dada et al v. NSO Group, was filed by a group of journalists from El Faro, a prominent Salvadoran news outlet, who claim they were targeted by NSO’s Pegasus spyware. The case was initially thrown out on the basis that a California court was not the proper jurisdiction to hear it — a ruling grounded in the legal doctrine known as “forum non conveniens.” This doctrine allows courts to dismiss cases if another court is considered more appropriate. However, the Ninth Circuit disagreed, determining that the plaintiffs’ status as U.S. residents and citizens gave them a strong presumption to have their case heard in the United States.
Judges Jennifer Sung and Michael Simon pointed out that the lower court gave insufficient weight to the plaintiffs’ choice of venue, failed to consider key allegations, and improperly shifted the burden of proof onto the journalists. Judge Bridget Bade dissented, raising doubts about whether the alleged intrusions had a substantial connection to California, such as misuse of Apple’s servers located there.
Nonetheless, this appeals court ruling allows the plaintiffs to move forward in U.S. federal court. Carrie DeCell of the Knight First Amendment Institute, which represents the journalists, hailed the ruling as a critical victory. She emphasized that spyware companies must be held accountable under U.S. law when their products are used to suppress journalism and human rights. The revived lawsuit not only challenges the legal immunity often enjoyed by tech surveillance firms but also represents a broader effort to set boundaries around the abuse of spyware in democratic societies.
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A Milestone for International Cyber Accountability
The reinstatement of this lawsuit sends a bold signal to spyware firms globally: immunity through technicality is no longer guaranteed. This decision shifts the dynamics of transnational legal battles involving surveillance technology and human rights. By ruling that U.S. citizens and residents can sue in domestic courts even when the violations occurred abroad, the Ninth Circuit opens a door that many thought permanently closed.
Jurisdictional Complexity Reframed
The heart of the case revolved around jurisdiction. Spyware firms often argue that they should not be tried in U.S. courts for international abuses, using forum non conveniens as a shield. The Ninth Circuit’s rejection of this argument, especially given the plaintiffs’ ties to the United States, may reshape how future cases involving transnational digital harms are litigated. It prioritizes the citizenship and residency of victims over geographic technicalities.
The Tech Company Dilemma
Judge Bade’s dissent highlights a common defense in tech-related lawsuits: the “lack of connection” between software misuse and U.S.-based infrastructure. However, this narrow interpretation fails to grasp how deeply global digital services are entangled. Even if NSO Group didn’t directly breach Apple’s California servers, the software they allegedly developed exploited platforms run by U.S. companies. That, in itself, raises legal and ethical questions.
Implications for Press Freedom
At its core, this case is about journalists being targeted for doing their job. Surveillance tools like Pegasus have been repeatedly documented as weapons against investigative reporters, especially in politically unstable regions. The plaintiffs from El Faro are symbolic of a broader, systemic issue: journalists becoming targets of sophisticated digital surveillance for exposing corruption and abuse. A court ruling in their favor could embolden other journalists worldwide to seek justice in U.S. courts.
Accountability for Private Surveillance Firms
NSO Group has long maintained that it only sells Pegasus to vetted governments for legitimate security operations. However, multiple reports contradict this claim, linking its software to the surveillance of dissidents, journalists, and activists. The lawsuit’s revival puts the spotlight squarely on whether commercial spyware companies can continue operating in the shadows while evading legal scrutiny.
Impact on U.S. Legal Precedent
If successful, this lawsuit could create a binding legal precedent within the U.S. judiciary that redefines the limits of corporate responsibility in the global digital surveillance space. It could become a foundational case cited in future litigation involving cross-border tech harms and press freedom.
Future Challenges for NSO and Similar Firms
The legal blow delivered by the Ninth Circuit ruling isn’t just symbolic. It marks a real threat to the operational secrecy and litigation avoidance strategies commonly used by spyware makers. Companies like NSO could now face a flood of lawsuits if U.S. courts become open to hearing such cases based on residency, not geography alone.
Legal Strategy as a Tool for Human Rights
What makes this case especially noteworthy is the strategic use of legal frameworks to hold spyware companies accountable. Rather than relying solely on public outrage or sanctions, this approach integrates human rights advocacy directly into the U.S. legal system, creating a blueprint for others seeking justice through judicial means.
🔍 Fact Checker Results:
✅ The lawsuit Dada et al v. NSO Group was indeed dismissed and then revived by the Ninth Circuit Court
✅ Plaintiffs include U.S. residents and citizens affiliated with El Faro
❌ There is no definitive public evidence yet proving Apple servers in California were used in the spyware operation
📊 Prediction:
Lawsuits like this one could establish a powerful precedent enabling more victims of digital surveillance to seek redress in U.S. courts. The legal spotlight on spyware firms may intensify in the coming years, especially if these companies fail to demonstrate ethical safeguards and transparency in their operations. Expect future litigation, public pressure, and possible sanctions to become regular tools in the global pushback against unchecked surveillance tech.
References:
Reported By: cyberscoop.com
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