The Supreme Court on Tuesday signaled it may block a lawsuit accusing tech giant Cisco of helping China persecute members of the Falun Gong spiritual movement through surveillance technology.
The case is being closely watched as a measure of how far U.S. courts are willing to go in allowing human rights lawsuits tied to alleged abuses by foreign governments to proceed. A ruling could limit future claims against U.S. companies operating overseas and end a case brought by Falun Gong members more than a decade ago.
The justices are reviewing whether the lawsuit can move forward under the Alien Tort Statute and the Torture Victim Protection Act after a federal appeals court revived the claims, with Justice Neil Gorsuch questioning whether lower courts have left the courthouse door “not closely guarded.”
Cisco Systems, Inc. v. Doe I: What to Know
Cisco contends it cannot be held liable under either of the two laws cited in the case: the Alien Tort Statute, an 18th-century law that has been used in limited circumstances to bring human rights claims in U.S. courts, and the Torture Victim Protection Act, enacted in 1991 to allow civil suits against individuals who commit torture or extrajudicial killings abroad. The company says neither law permits claims against corporations for aiding and abetting abuses committed by foreign governments.
Newsweek has reached out to Cisco via email on Tuesday afternoon for comment.
Much of the questioning from the court’s conservative majority focused on how broadly to rule in Cisco’s favor and whether lower courts are allowing too many similar cases to move forward.
In recent years, the Supreme Court — along with Republican and Democratic administrations — has taken a skeptical view of efforts to use U.S. courts to address alleged abuses tied to foreign governments, particularly when the conduct took place overseas. To counter that skepticism, Falun Gong members have argued that significant aspects of Cisco’s work related to China were carried out in the United States.
An Associated Press investigation last year found that American technology companies played a major role in designing and building China’s surveillance apparatus, at times with the encouragement of U.S. administrations of both parties. Those efforts continued even as activists warned that the technology was being used to suppress dissent, persecute religious groups and target ethnic minorities.
What is Falon Gong?
Falun Gong, also known as Falun Dafa, is a spiritual movement founded in China in 1992 that combines meditation and qigong exercises with moral teachings centered on truthfulness, compassion and forbearance. The group grew rapidly in the 1990s before the Chinese Communist Party banned it in 1999 and launched a sweeping campaign to suppress the practice, labeling it an “evil cult.” Human rights organizations and U.S. officials have documented widespread detention, forced labor and torture of practitioners, allegations the Chinese government denies.
Documents leaked in 2008 showed that Cisco viewed China’s “Golden Shield,” a nationwide internet censorship and surveillance program, as a business opportunity. The materials quoted a Chinese official referring to Falun Gong as an “evil cult,” and a Cisco presentation from the same year said the company’s products could identify more than 90% of Falun Gong content online.
Other presentations reviewed by AP described Falun Gong materials as a “threat” and outlined plans for a nationwide information system to track believers. In their lawsuit, Falun Gong members allege Cisco customized its technology for Chinese authorities despite knowing it would be used to facilitate abuse.
What Happens Next
Justices Sonia Sotomayor and Ketanji Brown Jackson appeared more receptive to the plaintiffs’ arguments. Sotomayor suggested Cisco acted as a knowing partner of the Chinese government, saying the company understood the consequences for those being targeted.
Cisco attorney Kannon Shanmugam rejected that characterization, telling the justices the company “vigorously disputes” the allegations.
A decision in the case is expected by late June.
Reporting by the Associated Press contributed to this article.
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