CyberScoop reports that the U.S. Court of Appeals for the Ninth Circuit has reversed the dismissal of a case filed by journalists from El Salvador-based independent news outlet El Faro against major spyware firm NSO Group, ruling that previous California court action involved discretionary abuse.
Such a revival of the case was deemed necessary by Judges Jennifer Sung and Michael Simon due to the plaintiffs' U.S. citizenship. "It appears the district court gave little to no deference to Plaintiffs choice of forum, overlooked the allegations of the operative complaint, and shifted the burden of proof from Defendants to Plaintiffs," noted Sung and Simon. However, Judge Bridget Bade noted the California judge's proper discretion due to the plaintiffs not being residents of the district. The development was welcomed by Knight First Amendment Institute's Carrie DeCell. "Spyware manufacturers that participate in the persecution of journalists shouldn't be able to operate with impunity, and U.S. courts must ensure that they are held accountable for their actions where those actions violate U.S. law, as they did here," said DeCell.
Such a revival of the case was deemed necessary by Judges Jennifer Sung and Michael Simon due to the plaintiffs' U.S. citizenship. "It appears the district court gave little to no deference to Plaintiffs choice of forum, overlooked the allegations of the operative complaint, and shifted the burden of proof from Defendants to Plaintiffs," noted Sung and Simon. However, Judge Bridget Bade noted the California judge's proper discretion due to the plaintiffs not being residents of the district. The development was welcomed by Knight First Amendment Institute's Carrie DeCell. "Spyware manufacturers that participate in the persecution of journalists shouldn't be able to operate with impunity, and U.S. courts must ensure that they are held accountable for their actions where those actions violate U.S. law, as they did here," said DeCell.
