The Supreme Court seems likely to shut down a lawsuit by Falun Gong over Cisco’s aid to China
WASHINGTON (AP) — Supreme Court On Tuesday, tech giant Cisco appeared likely to accept an offer to settle a lawsuit alleging the company’s technology was used to persecute members of the Falun Gong spiritual movement in China.
The justices are considering an appeal decision that would allow the case against Cisco to proceed in US courts.
The company argues that it cannot be held responsible under two separate laws for aiding and abetting human rights violations. The laws are the 18th-century Alien Torts Act (ATS) and the Torture Victims Protection Act (TVPA), which were first enacted in 1991.
The main questions for the court’s conservative majority appeared to be how broadly to rule on Cisco’s behalf and whether lower courts would allow a large number of similar cases to be filed. Justice Neil Gorsuch asked at one point whether the courthouse door was “closely guarded.”
In recent years, the Supreme Court and presidential administrations of both parties have been skeptical of cases that seek to use U.S. courts as a venue to seek justice for the actions of foreign governments, especially those that take place abroad. To try to overcome this skepticism, Falun Gong members argued that a significant portion of Cisco’s China-related activities took place in the United States.
Associated Press research last year It showed that American tech companies largely designed and built China’s surveillance state, promoted by Republican and Democratic administrations, even as activists warned that such tools were being used. eliminate opposition, persecuting religious groups And targeting minorities.
Documents leaked to the press in 2008 showed that Cisco viewed “Golden Shield,” China’s internet censorship effort, as a sales opportunity. The company quoted a Chinese official who called Falun Gong an “evil cult.” A Cisco presentation reviewed by the AP that same year said its products could identify more than 90% of Falun Gong materials on the Internet.
Other presentations reviewed by the AP show Cisco representing Falun Gong materials as a “threat” and establishing a national information system to track Falun Gong believers. In 2011, Falun Gong members sued Cisco, alleging technology designed specifically for Beijing that the company knew would be used to track, detain and torture believers.
Justices Sonia Sotomayor and Ketanji Brown Jackson appeared more than willing to let the case proceed.
Sotomayor said Cisco is a willing partner with the Chinese government. “He knew these people would be tortured,” he said.
Not true, said Cisco lawyer Kannon Shanmugam. “Cisco strongly disputes these allegations,” Shanmugam told the judges.
A decision is expected in late June.
