TRJ Cybersecurity & Digital Rights Report
Category: Global Surveillance & Human Rights
Features: Spyware Exploitation, Cross-Border Jurisdiction, Press Freedom Threats
Sector: Surveillance Tech, Investigative Journalism, U.S. Legal System
A high-stakes legal battle over spyware, press freedom, and cross-border cyber exploitation has been reignited in the United States—this time with implications far beyond the original case.
On Tuesday, a U.S. federal appeals court ruled that a lower court erred when it dismissed a lawsuit filed by Carlos Dada and other journalists from El Faro—a prominent investigative media outlet in El Salvador—against NSO Group, the Israeli surveillance technology company behind Pegasus spyware.
The journalists allege that NSO Group’s hacking tools were deployed against them during investigations into the Salvadoran government—resulting in the compromise of their phones and the unlawful surveillance of their reporting activities.
How the Case Reached U.S. Courts
Originally filed in 2022, the lawsuit was thrown out by a California federal judge in March 2024, who argued the case was “entirely foreign” and lacked standing in U.S. courts.
But the appellate court has now vacated that dismissal, sharply criticizing the lower court for “abusing its discretion” by overlooking key aspects of the case—specifically, NSO Group’s alleged use of U.S.-based infrastructure to facilitate its attacks.
According to the court’s opinion, NSO Group reportedly exploited Apple’s California-based servers and created Apple ID accounts as part of its alleged deployment of Pegasus spyware—creating sufficient grounds for U.S. jurisdiction.
The case has now been sent back to the lower court for further proceedings.
Inside the Pegasus Campaign Against El Faro
Between June 2020 and November 2021, El Faro journalists were targeted with Pegasus at least 226 times, according to forensic researchers from the Citizen Lab and the Knight First Amendment Institute—which now represents Dada and the other plaintiffs.
The spyware attacks occurred during El Faro’s investigations into high-level corruption, organized crime negotiations, and alleged abuses by the Salvadoran government.
According to researchers, Pegasus was installed on the devices of at least 22 journalists at the outlet—effectively turning their phones into 24/7 surveillance tools.
Why This Case Is More Than Just a Legal Fight
This lawsuit now marks a critical test case for whether spyware vendors can be held accountable in U.S. courts when they leverage American tech infrastructure to deploy surveillance tools globally.
In a significant show of support, major U.S. tech firms—including Google, Microsoft, and Meta—filed an amicus brief backing the journalists’ right to sue NSO Group.
Their argument is simple but powerful:
Even if Pegasus wasn’t directly used against U.S. citizens, its deployment through U.S. servers creates substantial risks to U.S. national interests and global cybersecurity.
What the Plaintiffs Are Seeking
The journalists are demanding that:
NSO Group reveal the identity of the government client that allegedly commissioned the Pegasus attacks on El Faro.
NSO be ordered to delete any data obtained through the hacks.
The court hold NSO accountable for damages stemming from unlawful surveillance.
A Broader Pattern: Surveillance-for-Hire Firms in the Crosshairs
NSO Group is no stranger to controversy.
Its Pegasus spyware has been linked to surveillance operations targeting:
- Human rights defenders
- Political opposition groups
- Activists
- Journalists worldwide—from Mexico and Saudi Arabia to India and beyond.
While NSO claims to sell only to government agencies for lawful investigations, multiple independent investigations have repeatedly uncovered abusive deployments—including against journalists like Jamal Khashoggi’s inner circle before his assassination.
TRJ Reality Check
This case isn’t just about Pegasus or El Faro.
It’s about whether private surveillance technology can continue operating in legal grey zones —weaponizing U.S.-based infrastructure while hiding behind foreign jurisdiction walls.
The fact that American servers and platforms are being used to launch attacks on journalists abroad shatters the illusion that this is someone else’s problem.
This isn’t just a legal test. It’s a reckoning for the spyware industry.
One way or another, this case will define the future boundaries of digital surveillance and press freedom— not just in El Salvador, but everywhere.
Key Takeaways:
- U.S. appeals court revives El Faro journalists’ lawsuit against NSO Group.
- Court found that NSO’s alleged use of U.S. infrastructure justifies U.S. jurisdiction.
- Pegasus spyware reportedly used in 226 attacks against journalists over 17 months.
- Major U.S. tech firms backed the plaintiffs, citing risks to global cybersecurity.
- Journalists demand disclosure of NSO’s government client and deletion of stolen data.
- Case could set global precedent for surveillance tech accountability.
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