Doe v. Cisco Systems, Inc. (Amicus)

At a Glance

Date Filed: 

January 11, 2016

Current Status 

The Center for Constitutional Rights and international human rights organizations submitted a brief of amici curiae to the U.S. Supreme Court on March 27, 2026.

Co-Counsel 

Amici:
ALTSEAN-Burma
Asociacion Pro Derechos Humanos – APRODEH
Canadian Lawyers for International Human Rights
Centre for Applied Legal Studies
EarthRights International
European Center for Constitutional and Human Rights
Global Legal Action Network
International Association of Democratic Lawyers
International Federation for Human Rights
Open Society Justice Initiative
ProDESC - Proyecto de Derechos Económicos, Sociales y Culturales

Client(s) 

Falun Gong practitioners, represented by the Human Rights Law Foundation, alleged to have been subjected to serious human rights abuses in China through the Cisco-developed “Golden Shield” project, a network security system used for the widespread censorship, surveillance, identification, tracking, apprehension, and torture of Chinese dissidents

Case Description 

Doe v. Cisco Systems, Inc. challenges the alleged role of Cisco Systems, Inc., a U.S. network technology corporation, in aiding and abetting serious human rights abuses against a group of Falun Gong practitioners in China. Cisco is alleged to have had a central role in the design and implementation of China’s “Golden Shield” project, a network security system used to facilitate the violent persecution of dissident groups. The plaintiffs were detained for visiting Falun Gong websites, discussing the practice of Falun Gong online, and sharing information about the widespread human rights abuses suffered by Falun Gong practitioners in China. While detained, they were beaten, deprived of sleep, forced to eat laundry detergent, electrocuted, drugged, and subjected to numerous other brutal human rights abuses. One of the plaintiffs was beaten to death while in custody, while another has disappeared and is presumed dead. The Center for Constitutional Rights filed two briefs of amici curiae in this case as part of our work to strengthen domestic accountability tools such as the Alien Tort Statute ("ATS").

Our 2026 brief was submitted to the U.S. Supreme Court on behalf of twelve international human rights organizations from around the world. The groups establish that aiding and abetting liability is well-recognized as a general principle of law, and, as such, is actionable under the ATS. The Supreme Court is considering the scope and reach of the ATS a statute from 1789 that permits non-U.S. citizens to bring tort actions in U.S. federal courts for well-established violations of international law for the fourth time in just the last dozen years. The Center for Constitutional Rights pioneered the use of the ATS to seek redress for “law of nations” violations in the landmark case Filártiga v. Peña-Irala, and have relied on this statute to bring claims for victims of torture and other human rights violations from Burma to Nigeria to Palestine to Iraq, as in the ongoing case Al Shimari v. CACI Premier Technology. Our 2016 brief challenged the district court's dismissal under the "touch and concern" test established in the Supreme Court's 2013 Kiobel decision.

Case Timeline

April 28, 2026
U.S. Supreme Court oral argument
April 28, 2026
U.S. Supreme Court oral argument
March 27, 2026
Brief of amici curiae is filed in U.S Supreme Court
March 27, 2026
Brief of amici curiae is filed in U.S Supreme Court

Our brief is submitted to the U.S. Supreme Court on behalf of twelve international human rights organizations from around the world. The groups establish that aiding and abetting liability is well-recognized as a general principle of law, and, as such, is actionable under the ATS. The Supreme Court is considering the scope and reach of the ATS a statute from 1789 that permits non-U.S. citizens to bring tort actions in U.S. federal courts for well-established violations of international law for the fourth time in just the last dozen years. The Center for Constitutional Rights pioneered the use of the ATS to seek redress for “law of nations” violations in the landmark case Filártiga v. Peña-Irala, and have relied on this statute to bring claims for victims of torture and other human rights violations from Burma to Nigeria to Palestine to Iraq, as in the ongoing case Al Shimari v. CACI Premier Technology.

January 31, 2025
After Circuit Court denies rehearing, Cisco petitions for Supreme Court review
January 31, 2025
After Circuit Court denies rehearing, Cisco petitions for Supreme Court review
July 7, 2023
Ninth Circuit reverses district court
July 7, 2023
Ninth Circuit reverses district court
The Circuit Court rules that the plaintiffs plausibly alleged “that Cisco provided essential technical assistance . . . with awareness that the international law violations of torture, arbitrary detention, disappearance, and extrajudicial killing were substantially likely to take place.”
October 20, 2021
Supplemental briefing and additional oral argument
October 20, 2021
Supplemental briefing and additional oral argument
May 8, 2017

Following oral argument, case is stayed pending resolution of Jesner v. Arab Bank, PLC and Doe v. Nestle in the U.S. Supreme Court

May 8, 2017

Following oral argument, case is stayed pending resolution of Jesner v. Arab Bank, PLC and Doe v. Nestle in the U.S. Supreme Court

January 11, 2016
Amicus brief is filed
January 11, 2016
Amicus brief is filed

The brief, submitted by the Center for Constitutional Righys and EarthRights International, argues that the Northern District of California's dismissal of the case misinterpreted the Supreme Court's standards for cases to "touch and concern" the United States set forth in the Kiobel decision. Briefs are also submitted by the Electronic Frontier Foundation and former U.S. Ambassador-at-Large for War Crimes Issues David Scheffer.

January 4, 2016
Plaintiffs appeal to Ninth Circuit Court of Appeals
January 4, 2016
Plaintiffs appeal to Ninth Circuit Court of Appeals
Plaintiffs-appellants file their notice of appeal on September 24, 2015 and their opening brief on January 4, 2016.
August 31, 2015
Court denies plaintiffs' motion for reconsideration
August 31, 2015
Court denies plaintiffs' motion for reconsideration
Plaintiffs file a motion for reconsideration on October 3, 2014, which the court denies on August 31, 2015.
September 5, 2014
Case is dismissed
September 5, 2014
Case is dismissed

The district court dismisses the plaintiffs’ claims, finding that the claims do not touch and concern the United States because the human rights abuses were not planned, directed, or executed in the United States. It also holds that the fact that Cisco systems customized and implemented the Golden Shield system does not support an inference that the company knew that human rights abuses would be committed with it, and thus the requisite mens rea for aiding and abetting had not been pled.

September 18, 2013
Plaintiffs file second amended complaint in Northern District of California
September 18, 2013
Plaintiffs file second amended complaint in Northern District of California
The complaint includes claims of torture, forced labor, arbitrary detention, crimes against humanity, extrajudicial killing, enforced disappearance under the ATS, and false imprisonment arising from Cisco's development and customization of the Golden Shield system to target members of the Falun Gong religious minority.