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US Supreme Court to Hear Case Alleging Cisco Aided China’s Persecution of Falun Gong

The U.S. Supreme Court on Friday agreed to hear an appeal by Cisco Systems, a case that could narrow the scope of a centuries-old U.S. law used to hold companies liable for human rights abuses committed abroad.

Cisco is challenging a 2023 ruling that revived a lawsuit first filed in 2011, which accuses the California-based technology firm of knowingly developing surveillance technology that enabled the Chinese government to monitor, detain and persecute members of the Falun Gong. The appeal is supported by the administration of U.S. President Donald Trump.

The lawsuit is based primarily on the Alien Tort Statute (ATS), a 1789 law that allows foreign plaintiffs to bring civil cases in U.S. courts for violations of international law. Long dormant, the statute has been increasingly tested in recent decades. Cisco is urging the Supreme Court to further limit its reach, arguing that the claims are unfounded and that the company sold technology to China that was legal under U.S. trade policy.

Plaintiffs also allege violations of the Torture Victim Protection Act, claiming Cisco executives “aided and abetted” acts of torture and persecution by Chinese officials. They argue that Cisco helped design and implement the so-called “Golden Shield,” an internet surveillance system used by Chinese authorities to target Falun Gong practitioners and other dissidents.

Falun Gong, founded in China in 1992, combines meditation and moral teachings drawn from Buddhism and Taoism. The Chinese Communist Party banned the movement in 1999 after mass protests in Beijing, labeling it an “evil cult,” and has since detained and imprisoned many of its members. Some plaintiffs allege they were subjected to beatings, electric shocks, sleep deprivation and force-feeding while in custody.

The case was initially dismissed in 2014, with a judge ruling that the alleged conduct lacked a sufficient connection to the United States. However, in 2023, the 9th U.S. Circuit Court of Appeals ruled that plaintiffs had plausibly alleged Cisco provided “essential technical assistance” with awareness that serious human rights violations were likely.

In agreeing to hear the appeal, the Supreme Court said it will focus on whether claims of aiding and abetting can proceed under the Alien Tort Statute and the Torture Victim Protection Act. The court is expected to hear arguments and issue a decision by the end of June.

A Cisco spokesperson welcomed the court’s decision, saying the company looks forward to presenting its case. Lawyers for the

plaintiffs did not immediately respond to requests for comment.

China’s Surveillance and Deportation Quotas Trap North Korean Defectors

In an effort to curb undocumented migration, China has intensified its border surveillance and introduced strict quotas for identifying and deporting undocumented migrants, focusing primarily on its northeast border with North Korea. New measures include deportation centers, hundreds of facial-recognition cameras, and increased patrols along the 1,400-kilometer border. The crackdown has made it significantly harder for North Korean defectors to evade capture, according to official documents reviewed by Reuters and testimonies from defectors and activists.

Since the COVID-19 pandemic, Chinese authorities have expanded efforts to collect the biometric data of North Koreans living in China, including fingerprints, voice data, and facial scans. This data collection, along with closer monitoring of social media accounts, has intensified in 2023, creating a ‘fishing net’ effect for defectors. Missionary Stephen Kim, who works with defectors, noted that over 90% of the North Koreans currently in China have already registered their personal and biometric data with police.

The increased surveillance appears to be driven by Beijing’s desire to prevent an influx of North Korean defectors that could destabilize both North Korea and its own northeastern region. Roberta Cohen, a human rights expert, explained that China fears mass defections could lead to North Korea’s collapse and reunification under South Korea, potentially increasing U.S. influence in the region. Chinese authorities, however, maintain that they are simply enforcing laws related to illegal immigration and deny the existence of North Korean defectors, labeling them as economic migrants.

China’s new tactics have been particularly effective in Jilin and Liaoning provinces, which border North Korea. In 2024, the Jilin border police’s budget increased to include significant spending on patrol boats, surveillance technology, and deportation infrastructure. Quotas now require each of the 18 border stations to process at least 10 undocumented migrants per month and maintain a deportation success rate of 95%.

These heightened measures have already led to increased deportations. Rights groups estimate that 70% of defectors who attempted to reach South Korea in the past two years have been apprehended, a significant rise from previous years. South Korean authorities have expressed concern over the repatriation of defectors, many of whom face severe punishment or death upon their return to North Korea.

China’s strategic interest in maintaining control over North Korean defectors extends beyond immediate concerns over migration. The control over defectors provides Beijing with diplomatic leverage over Pyongyang, which relies heavily on China for economic and political support. By managing the flow of defectors, China can potentially extract concessions from North Korea while maintaining regional stability.

Despite the severe risks, some defectors have managed to escape China. Shin Ju-ye, a North Korean who fled during the 1990s, described how biometric surveillance during the pandemic trapped many of her fellow defectors. Shin herself avoided registering her details and eventually escaped to South Korea after a perilous journey through Vietnam, Laos, and Thailand. Her story highlights the increasing desperation of those trapped under China’s expanding surveillance system.