PORTLAND, OR – Saudi human rights activist Loujain Alhathloul’s groundbreaking lawsuit concerning spying software that enabled her imprisonment and torture can advance, a federal judge ruled in an opinion unsealed Tuesday.
U.S. District Judge Karin J. Immergut of the District of Oregon ruled that Alhathloul’s lawsuit against DarkMatter Group and three of its former executives can proceed on its claims under the Computer Fraud and Abuse Act – the first time that a human rights case like this has gone so far under this law. The judge dismissed other claims made under the Alien Tort Statute.
Alhathloul is represented in the case by the Electronic Frontier Foundation (EFF), the Center for Justice and Accountability, Foley Hoag, and Tonkon Torp LLP.
"This important ruling is the first to let a lawsuit filed by the victim of a foreign government’s human rights abuses, enabled by U.S. spyware used to hack the victim’s devices, proceed in our federal courts,” said EFF Civil Liberties Director David Greene. “This case is particularly important at a time when transnational human rights abuses are making daily headlines, and we are eager to proceed with proving our case.”
“Transparency in such times and circumstances is a cornerstone that enacts integrity and drives accountability as it offers the necessary information to understand our reality and act upon it. The latter presents a roadmap to a safer world,” Alhathloul said. “Today’s judge’s order has become a public court document only to reinforce those rooted concepts of transparency that will one day lead to accountability.”
Alhathloul, 36, a nominee for the 2019 and 2020 Nobel Peace Prize, has been a powerful advocate for women’s rights in Saudi Arabia for more than a decade. She was at the forefront of the public campaign advocating for women’s right to drive in Saudi Arabia and has been a vocal critic of the country’s male guardianship system.
The lawsuit alleges that defendants DarkMatter Group, Marc Baier, Ryan Adams, and Daniel Gericke were hired by the UAE to target Alhathloul and other perceived dissidents as part of the UAE’s broader cooperation with Saudi Arabia. According to the lawsuit, the defendants used U.S. cybersurveillance technology, along with their U.S. intelligence training, to install spyware on Alhathloul’s iPhone and extract data from it, including while she was in the United States and communicating with U.S. contacts. After the hack, Alhathloul was arbitrarily detained by the UAE security services and forcibly rendered to Saudi Arabia, where she was imprisoned and tortured. She is no longer in prison, but she is currently subject to an illegal travel ban and unable to leave Saudi Arabia.
The case was filed in December 2021; Judge Immergut dismissed it in March 2023 with leave to amend, and the amended complaint was filed in May 2023.
“This Court concludes that Plaintiff has shown that her claims arise out of Defendants’ forum-related contacts,” Judge Immergut wrote in her opinion. “Defendants’ forum-related contacts include (1) their alleged tortious exfiltration of data from Plaintiff’s iPhone while she was in the U.S. and (2) their acquisition, use, and enhancement of U.S.-created exploits from U.S. companies to create the Karma hacking tool used to accomplish their tortious conduct. Plaintiff’s CFAA claims arise out of these U.S. contacts.”
For the judge’s opinion: https://www.eff.org/document/alhathloul-v-darkmatter-opinion-and-order-motion-dismiss
For more about the case: https://www.eff.org/cases/alhathloul-v-darkmatter-group
