The U.S. Supreme Court issued a ruling in Cisco Systems, Inc. v. Doe I, foreclosing the ability of plaintiffs to use the Alien Tort Statute to hold technology companies accountable for aiding and abetting human rights abuses. The Electronic Frontier Foundation reported that the decision effectively ends the long-running lawsuit.
The Supreme Court Ruling
The U.S. Supreme Court issued a ruling in Cisco Systems, Inc. v. Doe I, closing the door on judicially created Alien Tort Statute (ATS) liability. Passed by the first Congress in 1789, the ATS gives U.S. federal courts jurisdiction to hear civil claims brought by foreign nationals against defendants who violated the law of nations or a treaty of the United States.
The majority concluded that the case involving a technology company aiding and abetting torture and other abuses was beyond the scope of original ATS claims. The court stated that it is not for the judiciary to create new ways of enforcing international law without congressional action.
Allegations and Case History
Thirteen Falun Gong practitioners sued Cisco for its role in building the Golden Shield, also known as the Great Firewall of China. The plaintiffs alleged they suffered arrest, detention, and torture, and that their intercepted private emails and text messages were used as part of torture and forced conversion sessions.
The Supreme Court's ruling means that the plaintiffs' claims against Cisco must be dismissed. According to the Electronic Frontier Foundation, any future ability by plaintiffs to use the law to hold technology companies accountable is foreclosed absent new legislation by Congress.
Key facts and where they come from
- The U.S. Supreme Court ruled in Cisco Systems, Inc. v. Doe I that courts cannot create new rights of action under the Alien Tort Statute.
[W]e close the door that Sosa cracked to judicially created ATS liability.
- Thirteen Falun Gong practitioners sued Cisco alleging the company customized a surveillance system to enable human rights abuses.
The thirteen plaintiffs—Falun Gong practitioners—alleged arrest, detention, and torture
