US supreme court ends lawsuit alleging Cisco helped China pursue Falun Gong
Suit alleged California-based company developed technology that allowed China to surveil members of movement
The US supreme court further limited the reach of a federal law used to hold corporations liable for human rights abuses committed abroad, as it issued a ruling on Tuesday ending a lawsuit by members of the Falun Gong movement accusing Cisco Systems of facilitating religious persecution in China.
The justices reversed a lower court’s decision that had breathed new life into the 2011 lawsuit, which was brought under the Alien Tort Statute of 1789. The suit had alleged that Cisco knowingly developed technology that allowed China’s government to surveil and persecute Falun Gong members.
The Alien Tort Statute had been dormant for nearly two centuries before lawyers began using it in the 1980s to bring international human rights cases in US courts. The Cisco case posed the question of whether the law creates liability for corporations that “aid and abet” human rights abuses, a form of what is called accomplice liability.
The lawsuit accused San Jose, California-based Cisco of knowingly designing and implementing the “Golden Shield,” an internet surveillance system used by the Chinese Communist party to target dissidents. The plaintiffs said China used the system to track and then torture Falun Gong members.
Cisco called the allegations unfounded and offensive.
Donald Trump’s administration sided with Cisco in the case.
The Human Rights Law Foundation, a nonprofit organization in Washington, sued Cisco on behalf of a group of Falun Gong members. A judge dismissed the lawsuit in 2014, saying the alleged conduct was not sufficiently connected to the United States for the case to proceed.
The lawsuit stalled for many years, in part because of a series of supreme court decisions since 2013 limiting the Alien Tort Statute’s reach, making it more difficult to hold US corporations legally liable for human rights abuses.
Falun Gong, founded in China in 1992, was banned by China’s government in 1999 after thousands of members appeared at the central leadership compound in Beijing in silent protest. The group has called for people to renounce the ruling Chinese Communist Party. Falun Gong members founded a right-leaning US media outlet called The Epoch Times that has been heavily critical of the Chinese Communist party and supports Trump.
The San Francisco-based ninth US circuit court of appeals revived the case in 2023 and allowed it to move toward discovery, the evidence-gathering phase before a trial.
The ninth circuit decided that the plaintiffs had plausibly alleged “that Cisco provided essential technical assistance to the douzheng (crackdown) of Falun Gong with awareness that the international law violations of torture, arbitrary detention, disappearance and extrajudicial killing were substantially likely to take place”.
The supreme court in the 2013 and 2018 cases limited the ability of plaintiffs to sue corporations in US courts under the Alien Tort Statute for overseas human rights violations. The court said in those rulings that there needed to be a strong connection between the alleged conduct and actions that took place in the United States.
In a 2021 opinion, the US supreme court threw out a lawsuit accusing Cargill Inc and a Nestlé SA subsidiary of knowingly helping perpetuate slavery at Côte d’Ivoire cocoa farms, ruling that the plaintiffs did not show that any of the relevant conduct took place within the United States.
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Cisco Systems has been vocal about this, good to see them staying on it.
On one hand the justices reversed a lower court’s decision that had breathed new life into the 2011 lawsuit, which was brought under the Alien Tort Statute of 1789. But at the same time the Alien Tort Statute had been dormant for nearly two centuries before lawyers began using it in the 1980s to bring international human rights cases in US courts.
In other words the Alien Tort Statute had been dormant for nearly two centuries before lawyers began using it in the 1980s to bring international human rights cases in US courts. Curious to see how this develops.
Think about it: the San Francisco-based ninth US circuit court of appeals revived the case in 2023 and allowed it to move toward discovery, the evidence-gathering phase before a trial. That speaks volumes.
The fact that the Human Rights Law Foundation, a nonprofit organization in Washington, sued Cisco on behalf of a group of Falun Gong members really puts things into perspective.
The bigger issue here is the San Francisco-based ninth US circuit court of appeals revived the case in 2023 and allowed it to move toward discovery, the evidence-gathering phase before a trial. That changes the calculation.
The justices reversed a lower court’s decision that had breathed new life into the 2011 lawsuit, which was brought under the Alien Tort Statute of 1789. Meanwhile the Alien Tort Statute had been dormant for nearly two centuries before lawyers began using it in the 1980s to bring international human rights cases in US courts.
When you look at the Human Rights Law Foundation, a nonprofit organization in Washington, sued Cisco on behalf of a group of Falun Gong members, the implications are hard to ignore.
The bigger issue here is the Alien Tort Statute had been dormant for nearly two centuries before lawyers began using it in the 1980s to bring international human rights cases in US courts. That changes the calculation.
Basically the justices reversed a lower court’s decision that had breathed new life into the 2011 lawsuit, which was brought under the Alien Tort Statute of 1789. What matters is whether anything changes because of it.
When you look at the San Francisco-based ninth US circuit court of appeals revived the case in 2023 and allowed it to move toward discovery, the evidence-gathering phase before a trial, the implications are hard to ignore.
In other words the justices reversed a lower court’s decision that had breathed new life into the 2011 lawsuit, which was brought under the Alien Tort Statute of 1789. Curious to see how this develops.
Still waiting to hear what Falun Gong actually plans to do about it.
Basically the San Francisco-based ninth US circuit court of appeals revived the case in 2023 and allowed it to move toward discovery, the evidence-gathering phase before a trial. What matters is whether anything changes because of it.
So the bottom line is falun Gong, founded in China in 1992, was banned by China’s government in 1999 after thousands of members appeared at the central leadership compound in Beijing in silent protest. Wonder how this will land.