Comments on: Case of the Day: Moriah v. Bank of China https://lettersblogatory.com/2015/03/02/case-of-the-day-moriah-v-bank-of-china/ The Blog of International Judicial Assistance Sun, 24 Nov 2024 03:26:19 +0000 hourly 1 https://wordpress.org/?v=6.9.4 By: Ted Folkman https://lettersblogatory.com/2015/03/02/case-of-the-day-moriah-v-bank-of-china/#comment-2133 Mon, 16 May 2022 14:07:10 +0000 https://lettersblogatory.com/?p=20160#comment-2133 In reply to Alessandro Spinillo.

Thanks Alessandro! I would not hold out very much hope for a cert. grant in the NSO grant, if for no other reason than the vehicle difficulties Bill Dodge noted in his recent post at the Transnational Litigation Blog. I look forward to your post on LinkedIn.

]]> By: Alessandro Spinillo https://lettersblogatory.com/2015/03/02/case-of-the-day-moriah-v-bank-of-china/#comment-2132 Mon, 16 May 2022 13:24:01 +0000 https://lettersblogatory.com/?p=20160#comment-2132 A helpful reference, Ted. I was reading through the Northern District Court of California ruling in WhatsApp v NSO (Pegasus), which fleetingly referred to Moriah v Bank of China and the Wultz cases. I then happened to find your reference to the latter on your blog. The WhatsApp v NSO case raises the matter of derivative sovereign immunity. I understand that NSO has moved to the US Supreme Court for certiorari. The case involves intriguing topics such as foreign sovereigns’ national security needs and cyber intelligence. In Spain, just a few days ago, Catalan separatist leaders alleged that the Spanish government unlawfully spied on them and sued NSO over Pegasus interception software. The question of the tension between national security needs and the fundamental right of privacy has been carefully examined by the ECtHR. I hope I will be able to post something on the matter on Linkedin sometime soon.

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