Supreme Court will take up Cisco’s bid to shut down lawsuit by Falun Gong

By MARK SHERMAN

WASHINGTON (AP) — The Supreme Court agreed Friday to take up an appeal from tech giant Cisco seeking to shut down a lawsuit claiming that the company’s technology was used to persecute members of the Falun Gong spiritual movement in China.

The justices, who will hear arguments in the spring, will review an appellate ruling that would allow the lawsuit against Cisco to go forward in U.S. courts.

The court acted after the Trump administration weighed in on Cisco’s behalf to urge the justices to hear the case.

An Associated Press investigation last year showed that American tech companies, to a large degree, designed and built China’s surveillance state, encouraged by Republican and Democratic administrations, even as activists warned such tools were being used to quash dissent, persecute religious groups and target minorities.

In 2008, documents leaked to the press showed Cisco saw the “Golden Shield,” China’s internet censorship effort, as a sales opportunity. The company quoted a Chinese official calling the Falun Gong an “evil cult.” A Cisco presentation reviewed by AP from the same year said its products could identify over 90% of Falun Gong material on the web.

Other presentations reviewed by AP show that Cisco represented Falun Gong material as a “threat” and built out a national information system to track Falun Gong believers. In 2011, Falun Gong members sued Cisco, alleging the company tailored technology for Beijing that it knew would be used to track, detain and torture believers.

The issue before the Supreme Court is whether an American company can be held liable under two separate laws for aiding and abetting human rights violations. Cisco argues it isn’t liable under those laws, the 18th-century Alien Tort Statute (ATS) or the Torture Victim Protection Act (TVPA), first enacted in 1991.

In recent years, the Supreme Court and presidential administrations of both parties have been skeptical of lawsuits seeking to use U.S. courts as a venue to seek justice over the acts of foreign governments, especially those that took place abroad. To try to overcome that skepticism, Falun Gong members have argued that a substantial portion of Cisco’s activities involving China took place in the United States.

A decision is expected by early summer.