Saudi Activist's Claims Against Alleged Hackers for UAE Government Can Go Forward
A U.S. federal judge has ruled that a prominent Saudi women's rights activist's claims against alleged hackers and their accomplices can proceed to trial.
The case, Alhathloul v. DarkMatter Group, involves Plaintiff Loujain Alhathloul, who alleges that her iPhone was hacked by the defendants, including DarkMatter Group, a software company based in the United Arab Emirates, and three of its former senior executives, Marc Baier, Ryan Adams, and Daniel Gericke.
Alhathloul claims that the hack facilitated her arrest in the UAE and rendition to Saudi Arabia, where she alleges she was imprisoned and tortured. She also alleges that all defendants violated the Computer Fraud and Abuse Act (CFAA) and conspired together and with Emirati officials to violate the CFAA.
Furthermore, Alhathloul alleges that the individual defendants' actions constitute a crime against humanity actionable under the Alien Tort Statute (ATS).
Ruling on Personal Jurisdiction
Yesterday, Judge Karin Immergut of the District of Oregon ruled that Plaintiff's FAC (Complaint for Alleged Violations) makes a prima facie showing of specific personal jurisdiction over all defendants.
The judge concluded that Alhathloul's allegations that defendants committed an intentional tort while she was in the U.S., together with their other forum-related contacts, establish minimum contacts that arise out of Plaintiff's claims. Defendants have failed to establish that exercising jurisdiction would be unreasonable.
The motion to dismiss for lack of personal jurisdiction is therefore denied.
Ruling on CFAA and Conspiracy Claims
The judge also denies defendants' motion to dismiss Plaintiff's CFAA and CFAA conspiracy claims.
Finally, the judge declines to recognize Plaintiff's alleged tort of discriminatory persecution under the ATS and accordingly grants the individual Defendants' motion to dismiss that claim for lack of subject-matter jurisdiction.
Background of the Case
Loujain Alhathloul is a prominent Saudi women's rights activist who has been vocal about human rights issues in her home country. She was arrested in 2018 while visiting the UAE and renditioned to Saudi Arabia, where she alleges she was imprisoned and tortured.
Alhathloul claims that the defendants hacked into her iPhone and surveilled her movements, allowing them to track her location and gather sensitive information about her activities. She alleges that this surveillance facilitated her arrest and rendition to Saudi Arabia, where she was subjected to torture and other forms of mistreatment.
Implications of the Ruling
The ruling has significant implications for the case and may set a precedent for future cases involving international hackers and their accomplices.
The fact that the judge allowed Alhathloul's claims to proceed suggests that she will have the opportunity to present her case in court, potentially leading to justice being served for this prominent human rights activist.