The appeals court declined the exception claimed by Kidane, stating that it would abrogate Ethiopia’s immunity only if the “tort” or wrongful act occurred entirely in the U.S.
An appeals court has barred an Ethiopian-born U.S. citizen from filing a civil suit against the African country, which allegedly infected his computer with spyware and monitored his communications.
The U.S. Court of Appeals for the District of Columbia Circuit ruled Tuesday that foreign states are immune from suit in a U.S. court unless an exception to the Foreign Sovereign Immunities Act (FSIA) applies.
The person, who is referred to in court documents by the pseudonym Kidane, was born in Ethiopia and lived there for 30 years before seeking asylum in the U.S. He lives in Maryland.
The court declined the exception claimed by Kidane, stating that it would abrogate Ethiopia’s immunity only if the “tort” or wrongful act occurred entirely in the U.S. “Kidane, by contrast, alleges a transnational tort,” the court said. Ethiopia’s placement of the spyware on Kidane’s computer, although completed in the U.S. when he opened an infected email attachment, began outside the U.S., it added.
The ruling could have far-reaching consequences as it would in effect deprive U.S. citizens of legal remedy if foreign states decide to hack their devices remotely, as long as the condition that most of the tort was done abroad is met.
The Electronic Frontier Foundation, which is representing Kidane in the case, said Tuesday that the appeals court had held “that foreign governments are free to spy on, injure, or even kill Americans in their own homes–so long as they do so by remote control.”