Hurdles and hopes in the litigation against spyware firms

Legal action against spyware makers such as NSO Group faces steep challenges, from claims of sovereign immunity to jurisdictional obstacles and strict legal requirements, reports CyberScoop. Victims, including high-profile widow of journalist Jamal Khashoggi, Hanan Elatr, struggle to advance cases in US courts.

Laws including the 1976 Foreign Sovereign Immunities Act shield governments from lawsuits, complicating efforts to hold countries accountable for spyware abuses. NSO Group and others exploit these protections and employ delay tactics, such as withholding source code in lawsuits. Even major plaintiffs like Apple and Meta encounter challenges; Apple recently dropped its case against NSO Group rather than hand over source code as part of litigation.

Despite these obstacles, advocates see progress. The US Supreme Court recently ruled against NSO Group’s immunity claims, and recent UK rulings allowed spyware cases to proceed against Bahrain and Saudi Arabia. Legal experts argue that disclosure in lawsuits threatens spyware’s secrecy-driven business model, potentially deterring misuse. Let the sunshine in.

Advocates compare the fight to battles against tobacco and environmental abuses, emphasizing persistence. “Progress won’t be linear,” said Citizen Lab’s John Scott-Railton, “but accountability is possible.”