Torture Victim’s Landmark Hacking Lawsuit Against Spyware Maker Can Proceed, Judge Rules

In a significant victory for advocates of press freedom and accountability, a US federal judge has ruled that a landmark hacking lawsuit against Israeli spyware company NSO Group can proceed. The case centers around Legal intern Danya Hajjaji, who was targeted by the Pegasus malware in 2020 while researching human rights abuses.

Hajjaji's story is just one of many high-profile cases in which NSO Group's spyware has been used to suppress free speech and silence critics. The company's software, designed to infiltrate smartphones and laptops, has been linked to numerous instances of surveillance and harassment, including the targeting of journalists, activists, and government officials.

The lawsuit, filed by a group of journalists who were targeted by NSO Group's spyware, seeks damages for the emotional distress and reputational harm caused by the company's actions. EFF filed an amicus brief in the US Court of Appeals for the Ninth Circuit supporting the plaintiffs' appeal, arguing that NSO Group's targeting of journalists constitutes a form of "digital assassination" that undermines the fundamental principles of press freedom.

In her amicus brief, EFF Senior Staff Attorney Kurt Eikenberry wrote: "The plaintiffs' claims are not only about the individual harm caused by Pegasus, but also about the systemic threat it poses to the ability of journalists and other human rights defenders to do their work. The US government's continued support for NSO Group is a stark reminder that press freedom is not always sacrosanct, especially when it comes to those who seek to expose abuse of power."

The ruling marks an important milestone in the ongoing struggle for accountability from NSO Group and other spyware manufacturers. As Eikenberry noted, "This case demonstrates that journalists and human rights defenders will not be intimidated by the threat of digital violence, and that there are real consequences when these actors use their powers to silence critics."

The outcome also highlights the crucial role that organizations like EFF play in supporting press freedom and promoting accountability for those who seek to undermine it. By filing an amicus brief in support of the plaintiffs' appeal, EFF demonstrated its commitment to protecting the rights of journalists and human rights defenders around the world.