In a significant show of solidarity, major tech companies including Microsoft, Google, and LinkedIn have thrown their support behind El Salvador’s leading investigative news outlet, El Faro, in its legal battle against the Israeli spyware manufacturer NSO Group. The lawsuit, which was filed in a federal court in northern California, alleges that NSO Group’s Pegasus spyware was used to infiltrate the phones of El Faro journalists, violating U.S. law. The case has garnered widespread attention, with several media companies and civil liberties groups also backing El Faro’s fight for justice.
El Faro’s legal battle against NSO Group began in 2022 when the news outlet filed a complaint in federal court, accusing the spyware manufacturer of abusing services from California-based Apple to target its journalists. The lawsuit alleges that between June 2020 and November 2021, El Faro’s employees were subjected to 226 Pegasus infections, allowing their communications and activities to be monitored and their personal data to be accessed and stolen.
The case took a significant turn in March 2024 when a judge dismissed the suit, prompting El Faro’s journalists to file an appeal. The appeal has since attracted the support of several outside groups, including tech giants Microsoft, Google, and LinkedIn, as well as media organizations like The New York Times and the Pulitzer Center. These groups have submitted friend of the court filings, urging the judge to acknowledge California as the correct jurisdiction for the trial and to uphold federal laws protecting press freedom.
The involvement of these influential entities underscores the importance of the case and the broader implications it holds for press freedom and the protection of journalists’ rights. The support from big tech and media companies highlights the need for legal accountability when technology is misused to violate human rights.
The Impact of Pegasus Spyware
Pegasus, a spyware developed by NSO Group, has been at the center of numerous controversies due to its ability to infiltrate mobile phones and extract data or activate cameras and microphones to spy on their owners. NSO Group claims that Pegasus is only sold to government agencies to target criminals and terrorists, with the approval of Israeli authorities. However, investigations have revealed that the spyware has been used to target journalists, activists, and political dissidents around the world.
The discovery of Pegasus on the phones of El Faro journalists was made by Toronto-based Citizen Lab, which conducted an investigation into the spyware’s use. The findings have raised serious concerns about the misuse of surveillance technology and the threats it poses to press freedom and privacy. El Faro’s journalists have faced not only digital surveillance but also threats on social media, judicial harassment, and persecution by President Nayib Bukele’s regime.
The legal battle against NSO Group is a critical step in addressing these issues and holding those responsible for the misuse of technology accountable. The outcome of the case could set a precedent for future legal actions against spyware manufacturers and the protection of journalists’ rights.
The Road Ahead
As El Faro awaits the outcome of its appeal, the support from big tech and media companies provides a significant boost to its legal battle. The involvement of these influential entities underscores the importance of the case and the need for a favorable ruling to protect press freedom and the rights of journalists.
El Faro’s director, Carlos Dada, expressed surprise and gratitude for the support, stating that the news outlet did nothing to obtain these supporting statements. The backing from big tech and media organizations highlights the broader implications of the case and the need for legal accountability when technology is misused to violate human rights.
The road ahead remains challenging, but the support from influential entities provides hope for a favorable outcome. The case against NSO Group is not just about seeking justice for El Faro’s journalists but also about setting a precedent for the protection of press freedom and the rights of journalists worldwide.
