EFF Urges Supreme Court to Hold Tech Companies Accountable for Aiding Human Rights Abuses
The **Electronic Frontier Foundation (EFF)** has filed a brief with the U.S. Supreme Court, arguing that U.S. tech companies should be legally responsible in U.S. courts for creating tools that facilitate human rights abuses by foreign governments. The case centers on allegations that **Cisco Systems** aided the Chinese government in persecuting the Falun Gong religious group.
The **EFF** is urging the Supreme Court to uphold the U.S. Court of Appeals for the 9th Circuitβs 2023 ruling in *Cisco Systems, Inc., et al., v. Doe I, et al.*, which states that U.S. corporations can be held liable under the Alien Tort Statute (ATS). The ATS allows noncitizens to bring claims in U.S. federal court for international law violations, specifically for actions taken in the U.S. that aided and abetted persecution and torture abroad.
### The Case Against Cisco
The case revolves around **Cisco's** alleged involvement in creating the "Golden Shield" system for the Chinese government. This system is accused of being instrumental in the persecution of the Falun Gong religious group through online spying, tracking, detention, and torture. Victims claim that intercepted communications were used during torture sessions to force them to renounce their beliefs.
### The 9th Circuit Ruling
The 9th Circuit appeals court reversed a lower court decision, asserting that U.S. corporations can be held liable under the ATS for aiding and abetting human rights abuses abroad. The court further clarified that a company doesn't need to have the explicit "purpose" to facilitate abuses; "knowledge" that its assistance contributed to such abuses is sufficient for liability. The court found that the plaintiffs' allegations against **Cisco** met both standards. The legitimate uses of a technology do not shield a company from liability for other uses that lead to human rights abuses when international law standards are met, according to the court.
### Supreme Court Review
**Cisco** appealed to the Supreme Court, which granted review in January. The case, No. 24-856, is scheduled for argument on April 28.
### Broader Implications
The **EFF** emphasizes that **Cisco** is not an isolated case, as many U.S. companies produce surveillance systems, spyware, and other products that governments use to violate human rights.
"This Court must not shut the courthouse door to victims of human rights abuses that are actively powered by American corporations," the brief states. "In the digital age, repressive governments rarely act alone to violate human rights. They have accomplicesβincluding technology companies that have the sophistication and technical know-how that those repressive governments lack."
**Further Information:**
* **EFFβs amicus brief to the U.S. Supreme Court:** [https://www.eff.org/document/2026-03-27-eff-amicus-brief-cisco-v-doe-scotus](https://www.eff.org/document/2026-03-27-eff-amicus-brief-cisco-v-doe-scotus)
* **EFFβs *Doe I v. Cisco* case page:** [https://www.eff.org/cases/doe-i-v-cisco](https://www.eff.org/cases/doe-i-v-cisco)
* **U.S. Supreme Court docket:** [https://www.supremecourt.gov/docket/docketfiles/html/public/24-856.html](https://www.supremecourt.gov/docket/docketfiles/html/public/24-856.html)