Brief of Foreign Sovereign Immunity Scholars as Amici Curiae in Support of Plaintiffs-Appellees, NSO Group Technologies Ltd. v. WhatsApp Inc.

Abstract

This amicus brief of Foreign Sovereign Immunity Scholars was filed with the Ninth Circuit in NSO Group Technologies Ltd. v. WhatsApp Inc. The brief argues against NSO’s claim of conduct-based foreign official immunity on two grounds. First, the Foreign Sovereign Immunities Act (FSIA) comprehensively codified the immunity of corporations and other entities, and entities like NSO that do not fall within the FSIA cannot claim immunity from suit in U.S. courts. Second, under both international law and federal common law, foreign official immunity extends only to natural persons.

Keywords: foreign official immunity, conduct based immunity, federal common law immunity, foreign sovereign immunities act, FSIA