California Court Throws Out El Faro Journalists' Pegasus Spyware Lawsuit Over Jurisdiction

A federal judge in California has dismissed a lawsuit brought by a group of reporters from El Faro, the independent Salvadoran news outlet, alleging that they were targeted with the Israeli-developed Pegasus spyware. The judge ruled that the court lacks the jurisdiction needed to hear the case, effectively ending the legal challenge before it could proceed to trial.

The journalists contend that the sophisticated surveillance tool, which can infiltrate smartphones without the user’s knowledge, was used to monitor their communications while they investigated corruption and human‑rights abuses in El Salvador. Their complaint sought damages and an injunction against the alleged perpetrators, but the court found that the alleged harms occurred outside the United States and that the plaintiffs had not demonstrated a sufficient connection to California to satisfy jurisdictional requirements.

Pegasus has been at the center of global controversy after reports linked it to the monitoring of journalists, activists, and opposition figures in several countries. While the software’s creator, NSO Group, claims it sells only to vetted government agencies for legitimate law‑enforcement purposes, civil‑society groups have documented its misuse to silence dissent. The El Faro case added to a growing list of legal actions aimed at holding governments and tech firms accountable for such intrusions.

Legal experts note that jurisdictional hurdles are a common obstacle in transnational privacy suits, especially when the alleged spying occurs abroad and the alleged perpetrators are foreign officials. Without a clear nexus to the forum state, U.S. courts often lack the authority to adjudicate. The dismissal does not preclude the journalists from pursuing alternative venues, such as courts in Europe or international human‑rights bodies, but it underscores the difficulty of seeking redress across borders.

The decision highlights the challenges faced by journalists in Latin America who rely on digital tools to expose corruption while navigating threats from state‑sponsored surveillance. Advocacy groups have called for stronger international norms and clearer legal pathways to address spyware abuse. As the battle over digital privacy and press freedom continues, the El Faro journalists’ case serves as a reminder of the complex legal terrain that victims of surveillance must traverse.