A federal judge in California dismissed a lawsuit filed by journalists from the Salvadoran news outlet El Faro who had their devices infected with Pegasus spyware. The judge determined the court lacked jurisdiction to hear the case, finding it was entirely foreign in nature. Lead plaintiff Carlos Dada and his colleagues experienced at least 226 spyware attacks between June 2020 and November 2021. The Knight First Amendment Institute filed the lawsuit on their behalf in November 2022, making it the first case brought against Pegasus manufacturer NSO Group in a U.S. court.
The plaintiffs argued the case could be heard in California because the attacks used compromised infrastructure located in the state. They sought court orders requiring NSO to delete collected data and identify the client who ordered the surveillance. Phone access became more frequent before major investigations were published. While a previous judge dismissed the case in March 2024, the current decision allows for potential appeal. The Knight Institute announced plans to challenge the dismissal.
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