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.