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Falun Gong Sues Cisco

schwit1 submitted a story from CNet. From the article: "Cisco Systems designed a surveillance system to help the Chinese government track and ultimately suppress members of the Falun Gong spiritual movement, according to a lawsuit the group filed against the network equipment maker. The lawsuit, which was filed Thursday in Federal District Court for the Northern District of California in San Jose, alleges Cisco supplied and helped maintain a surveillance system known as the 'Golden Shield' that allowed the Chinese government to track and censor the group's Internet activities. As a result of Cisco's technology, Falun Gong members suffered false imprisonment, torture, and wrongful death, according the lawsuit, which was filed on behalf of the religious group by the Washington, D.C.-based Human Rights Law Foundation."

39 of 312 comments (clear)

  1. Cisco or China? by matthew_t_west · · Score: 3, Insightful

    The real issue here is how China is treating those it thinks are part of the Falun Gong movement. Cisco's equipment is one of the tools used to track the movement, but it doesn't seem that Cisco orchestrated the capture, detainment, torture, and deaths of innocent people. China did.

    M

    --
    Browse at 1. You'll thank me later.
    1. Re:Cisco or China? by guspasho · · Score: 5, Insightful

      It is pretty different. The suit alleges that Cisco was actively complicit in the persecution of the Falun Gong. It wasn't like the Chinese gov't bought a bunch of their product made for general use and Cisco had no idea what it was going to be used for.

    2. Re:Cisco or China? by cfalcon · · Score: 4, Interesting

      Exactly this. A gun can be used for many things, as can a router. But if you are supplying a known assassin with tech support about how best to pick off preschoolers, you have crossed the line from supplying a product into aiding and abetting a crime. Almost all guns are NOT used for crimes, ever. The same is true of routers- but NOT of routers sold to China to help setup their oppressive firewall.

      That's the big difference here.

    3. Re:Cisco or China? by ObsessiveMathsFreak · · Score: 2

      Cisco merely provided cost effective dissident detection solutions to global partners, for profit!

      --
      May the Maths Be with you!
    4. Re:Cisco or China? by poity · · Score: 3, Insightful

      Compared to commercial gun manufacturers, Cisco probably had a much clearer idea of who they were dealing with and the consequences involved in being complicit -- unless we change the comparison to companies selling guns to known criminals.

      --
      your thin skin doesn't make me a troll
    5. Re:Cisco or China? by the+simurgh · · Score: 3, Informative

      they did sue IBM for this and other actions. they won. now how do i add that little r symbol to the name IBM on here

    6. Re:Cisco or China? by matthew_t_west · · Score: 2

      Calling all police forces: need to catch your bad guy? We can detect all potential threats for you, so all you have to do is cuff 'em and let the legal system sort it out. PoliceNet, a Cisco Product.

      M

      --
      Browse at 1. You'll thank me later.
    7. Re:Cisco or China? by migla · · Score: 2

      This isn't much different than families of murder victims suing gun manufactors. People want to place the blame somewhere and in this case they think they stand a better chance suing Cisco instead of their own government. It would be safe to assume that if they sued the Chinese government instead, there would be no trial just jail and death sentences for those doing the suing.

      But did the gun manufacturers knowingly sell the guns directly to known murderers that were widely presumed to almost certainly be murdering again?

      Isn't doing business with ruthless oppressive regimes supposed to be bad?

      The other week there was some news here in Sweden about Volvo getting to sell a lot of nice black cars to the Chinese government. Some Chinese boss of some magnitude at Volvo was posing with a Chinese official in front of a row of new Volvos on Tienanmen square and some Swedish boss in the corporation was interviewed, saying how good it was for Volvo in China to be seen driven by party brass.

      Shouldn't he instead have been trying to cover his face, whimpering "Don't look at me! Don't look at me...?"

      --
      Some of my favourite people are from th US; Vonnegut, Chomsky, Bill Hicks.
    8. Re:Cisco or China? by PraiseBob · · Score: 2

      And arms dealers that have sold weapons and ammo to Libya should also be shocked and appalled that a man who has been implicated repeatedly in the murder of innocent civilians across the world would actually turn those weapons on innocent civilians in his own country.

      Cisco knew with 100% certainty that its products would be used to suppress free speech, hunt dissidents, and enforce the great firewall. Whether they are legally obligated or have any culpability is up to the courts to decide.

    9. Re:Cisco or China? by guspasho · · Score: 3, Insightful

      The summary and the article both make it pretty clear that Cisco's complicity goes beyond just setting up a surveillance net.

      "Cisco Systems designed a surveillance system to help the Chinese government track and ultimately suppress members of the Falun Gong spiritual movement, according to a lawsuit the group filed against the network equipment maker.

      "The lawsuit, which was filed Thursday in Federal District Court for the Northern District of California in San Jose, alleges Cisco supplied and helped maintain a surveillance system known as the 'Golden Shield' that allowed the Chinese government to track and censor the group's Internet activities.

      "The lawsuit, which seeks class-action status, alleges that Golden Shield--described in Cisco marketing materials as Policenet--resulted in the arrest of as many as 5,000 Falun Gong members. Cisco "competed aggressively" for the contracts to design the Golden Shield system "with full knowledge that it was to be used for the suppression of the Falun Gong religion," according to the lawsuit."

      This is not to say that the case has any merit, but just to point out that the lawsuit is not the same thing as "families of murder victims suing gun manufactors (sic)".

    10. Re:Cisco or China? by guspasho · · Score: 2

      They are absolutely greedy enough, their investors expect nothing less. As for stupid, this is just the opposite. The Chinese government is a huge, *huge* client, and Cisco stands to make massive amounts of money if it impresses the Chinese govt with their performance of this contract.

      Unfortunately, business is just set up to be nearly completely amoral (not immoral, though that is often the result.) The idea that markets will always result in the best, and most moral results is a fantasy.

    11. Re:Cisco or China? by matthew_t_west · · Score: 4, Interesting

      Yes, but Cisco also provides these services to businesses.

      http://www.cisco.com/en/US/products/ps6712/index.html

      The extent at which Cisco helped them is not publicly known. Cisco does not admit to anything other than selling hardware and software services.

      "Cisco does not operate networks in China or elsewhere, nor does Cisco customize our products in any way that would facilitate censorship or repression," the representative said in a statement, adding that the company sells the same equipment in China that it sells in other nations in compliance with U.S. government regulations."

      Hard to say... but either way private multi-national corporations only operate for one thing: profit.

      --
      Browse at 1. You'll thank me later.
    12. Re:Cisco or China? by billcopc · · Score: 2

      There is a particular difference though (puts on bullet-proof cape):

      Guns serve only one purpose: to shoot people (or perhaps animals). Sure, you can shoot at tin cans, but that's not the intended purpose. Now, I don't care which moral faction is using the gun. Good guy or bad, they're gonna shoot someone, presumably to critically wound and/or kill them. No one at Smith & Wesson is oblivious to the fact that violent defense is the primary usage of their products.

      Cisco, on the other hand, sells products that move information around. The only way you can kill someone with a Cisco product is by grossly misusing it, e.g. dropping a CRS-1 on the victim's head. When they being operated normally, nobody is supposed to die.

      To use the Falun Gong's broken logic, they should be suing everyone that has enabled the people who track and suppress their members. If Cisco can be blamed, then so can Dell for providing the desktop workstations and displays, DuPont for the halocarbon fire extinguisher, APC for the UPS, McDonalds and Red Bull for feeding the sysadmin... It's the same fallacy that was hypocritically used after 9/11 to crack down on so-called terrorism supporters. If the Falun Gong considers the Chinese government a terrorist organisation, then by extension they would blame everyone that has had any involvement whatsoever with the government. Did you pay taxes in the last 5 years ? Then you funded the enemy.

      What the Falun Gong should be doing is spreading awareness, and I don't mean standing around with their banners, looking all pitiful and shit. That hasn't worked. Suing random companies isn't going to help either, it only creates resentment. If anyone gets laid off at Cisco, as a result of this bullshit lawsuit, chances are those ex-employees won't be too sympathetic to the cause. Ultimately, if they can amass enough support to seriously menace the government, they will have a chance to enact positive change. If not, well, tough tits. Revolutions don't happen while you sleep.

      --
      -Billco, Fnarg.com
    13. Re:Cisco or China? by mjwx · · Score: 3, Insightful

      It is pretty different. The suit alleges that Cisco was actively complicit in the persecution of the Falun Gong. It wasn't like the Chinese gov't bought a bunch of their product made for general use and Cisco had no idea what it was going to be used for.

      Given the fact that Cisco consulted the Chinese government on this, the correct analogy is, suing a gun manufacturer that not only sold a gun to a known mass murderer but also found a crowded shopping centre, stored, maintained and loaded the weapon for him.

      --
      Calling someone a "hater" only means you can not rationally rebut their argument.
  2. Re:Religions by Wyatt+Earp · · Score: 5, Insightful

    Blame the victims, always a good side to take.

    Actually, religion had an important role in the ancient world, establishment of moral codes that were conductive to building a community and society. The Ten Commandments for example really aren't about control without valid reason, but a good basis for society.

    The first few are about there being only one religion, that keeps sectarian violence to a minimum, then a break/worship day - even for slaves. Honor your elders, no murder - leads to revenge killing, takes valuable members of the community away, no adultery - those lead to honor killings, outcasts and revenge killings, no theft, no lying about your neighbors.

    Really how are those guidelines bad things?

  3. If you are breaking the law... by davevr · · Score: 2

    ... then it is not false imprisonment. Not to say that the law shouldn't be changed, but hey, get your terms straight...

  4. Oh boy... by fuzzyfuzzyfungus · · Score: 4, Interesting

    This is going to be one to watch: The US is supposed to be all against repression and lovey-dovey about religious freedom and stuff; but there is No Fucking Way that they would let the precedent be set that corporate quislings executing illegal state activities are in any way culpable(see also retroactive telco immunity...) because that would cut into their own ability to wiretap whatever they want with the full connivance of basically anybody who is anybody.

    Awkward. Hopefully publicly so....

    1. Re:Oh boy... by guspasho · · Score: 2

      Whatever the Chinese gov't does in China is legal. By definition, considering the type of government they have. Does the US even have any laws that prohibit US companies from participating in such oppression?

    2. Re:Oh boy... by Doc+Ruby · · Score: 2

      There are plenty of people alive with standing to sue Cisco for actual damages, including wrongful death of family members they personally lost.

      Those Jews still alive with that same standing in damages by IBM's work for the Nazis have a case. Dead people are arguable.

      --

      --
      make install -not war

    3. Re:Oh boy... by gmhowell · · Score: 2

      How far do you go back with this, anyway? If such a suit were to succeed then the followup would be Jews vs. IBM.

      IIRC, they've sued Damiler-Benz and VW. If they didn't sue Dehomag, I'm pretty sure they have sued IBM.

      --
      Jesus was all right but his disciples were thick and ordinary. -John Lennon
    4. Re:Oh boy... by mad_minstrel · · Score: 2

      International Law is only as good as the troops you're willing to send to uphold it.

      --
      May the source be with you.
  5. Woosh! There goes to the point you are missing! by Anonymous Coward · · Score: 3, Insightful

    Falung Gong is sueing cisco not because it's right, but it's because it's sensationalism.They want to bring attention to their presecution in china. You can't sue china in china, you can't sue china in the US. So you sue Cisco for providing the equipment to China.

    Of course they will lose, but it gets the point across. People in China are being persecuted because of their religion and Cisco is an accomplice. It's not about holding cisco liable for anything lawfully wrong, it's about pointing the morality spotlight towards cisco and china.

    Should Falung Gong do this? Hell yes! At most some lawyers get rich, but it is a shot at getting the discussion of religious freedom started.

    1. Re:Woosh! There goes to the point you are missing! by Local+ID10T · · Score: 2

      Falung Gong is sueing cisco...

      No, Human Rights Law Foundation Inc. of Washington, D.C. is suing Cisco Inc. on behalf of some people half way around the world who have never heard of the Human Rights Law Foundation Inc. of Washington D.C.

      Its a handful of lawyers who pretend they are helping people who have never heard of them by suing some company.

      Only a lawyer could believe in such a farce.

      --
      "You want to know how to help your kids? Leave them the fuck alone." -George Carlin
  6. Maybe by Anonymous Coward · · Score: 2, Insightful

    Honor your elders, no murder - leads to revenge killing, takes valuable members of the community away, no adultery - those lead to honor killings, outcasts and revenge killings, no theft, no lying about your neighbors.

    ....which very few people followed because maybe, just maybe, they saw them as just capricious rules with set to control them? On the other hand, if there was a leader-philosopher that explained in a reasoned way why those things - like revenge killings - were not a good idea, people would follow them more often?

    I don't know about you, but when the reasoning behind a rule or law is explained, I have a much greater chance of accepting it and following it.

    God says NO! Is a shitty and superstitious reason to me.

    Since the parent brought up Buddhism, in that "religion" you are encouraged to prove to yourself that the teachings are correct. "If you see the Buddha on the side of the road - kill him!" is the metaphor used.

    Mostly I agree: religion was a way for primitive man to teach moral codes. We should be beyond such backward thinking by now. Unfortunately, in 2,000 years, we haven't progressed very much - except for fancier tools.

  7. Re:Good luck. by amiga3D · · Score: 3, Interesting

    If a guy walks into a store and says "hey I need to cut my neighbors head off, which knife do you have that would be best for the job?" You then go, "yes sir, this one right here should work nice, the serrated edge should cut right through the neck without the blade turning on the bone!" Well then you might could sue the guy who sold him the knife. I think they are alleging that this is essentially what Cisco did.

  8. Re:Religions by Archangel+Michael · · Score: 2

    It depends on your perspective.

    I find having people make shit up as they go along to be a very poor method of creating laws. Having one guy in a black robe thinking he(she) knows better than everyone else to be just as offensive. We all believe in myths an fairy tales. You just happen to believe that man can rule over other men, even as man has proven he cannot even rule himself.

    --
    Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
  9. Re:Religions by rickb928 · · Score: 2

    There is the small detail of delivering these people from slavery, you know, the plagues, parting the Red Sea, blah blah blah.

    And the whole point of "keep trying to get people to believe in myths and fairy tales.", such as government programs that will solve the problems of healthcare financing and of course security against terrorism that threatens our Constitutional protections.

    You see, it's all a matter of which side you're on...

    --
    deleting the extra space after periods so i can stay relevant, yeah.
  10. Anyone can sue anyone, merit is not required by guspasho · · Score: 2

    Whatever the Chinese gov't does in China is legal. By definition, considering the type of government they have. Does the US even have any laws that prohibit US companies from participating in such oppression? I think that would determine whether this case has any merit to begin with.

    1. Re:Anyone can sue anyone, merit is not required by adavies42 · · Score: 2

      "Whatever X gov't does in X is legal."

      So... The Nazis were right after all?

      had they won, they would've been. "international" law is whatever stronger countries impose on weaker ones.

      --
      Media that can be recorded and distributed can be recorded and distributed.
      -kfg
  11. Re:Religions by Wyatt+Earp · · Score: 3, Interesting

    With the advent of cities and societies following the end of the Ice Age there had to be moral codes, now how do you establish those? With stories of how and why the God(s) everyone believes in gave us these laws, or through dictatorship.

    Explaining to Stone and Bronze Age man that he shouldn't kill his neighbor, steal the neighbor's wife and sell the neighbor's children into slavery for the good of the society isn't going to get much traction. Telling SaBA man that God forbids the killing of his neighbor, lusting after the neighbor's wife and selling the neighbor's children into slavery is more likely to get the guy not to do those things.

    While I'm not and never have been religious, I understand why it was needed to create frameworks for society.

  12. Jurisdiction? by Un+pobre+guey · · Score: 2

    How is this litigable in a US court?

    1. Re:Jurisdiction? by andb52 · · Score: 4, Interesting

      Jurisdiction comes from the Alien Tort Statute. There have been a number of recent cases of aliens suing corporations in the US because of violations of international law. Whether what Cisco did in China was legal under Chinese law does not matter; the ATS is all about whether norms of customary international law have been violated. Torture is the primary example. This is not some crazy lawsuit; it is a tried and true method of punishing corporations for their complicity in human rights violations.

  13. Re:Religions by Grishnakh · · Score: 3, Insightful

    Having one guy in a black robe thinking he(she) knows better than everyone else to be just as offensive.

    Right. That's why laws are made by legislatures in most civilized places, and have been for many hundreds of years (how long as England had a Parliament?). Legislatures consist of a large group of people who represent the people, not just one guy in a black robe. Thus this group of people can argue and come to a consensus before any new law is enacted.

    You just happen to believe that man can rule over other men, even as man has proven he cannot even rule himself.

    Who else is going to rule over men? Aliens from another planet? Or a god? Where is this god? I haven't seen any, nor any credible evidence of any. I have read stories about some god or gods (it's hard to tell which because they don't seem to have the same personality in all stories) that appeared about 2000 years ago, but then disappeared and haven't been seen since except by a few crackpots. I certainly haven't seen any stone tablets with any laws that we're supposed to follow, only a crazy-sounding story (involving a parting of a sea, clearly an impossible phenomenon) about some stone tablets which are now conveniently missing. Believing that story makes about as much sense as believing that all humans' mental problems come from "body thetans" which are disembodied souls brought here by Xeno on a space-faring 737 airplane and blown up in a volcano by an atomic bomb.

  14. Re:Religions by CRCulver · · Score: 3

    after the development of academic philosophies, instead of just adopting these codes because they make for better societies

    Academic philosophies are divided between utilitarianism and various forms of natural rights theory. They are so gridlocked that choosing one as the best is essentially a religious choice and not much different than just accepting whatever some religious body teaches as the best way to go.

  15. It's a really nice idea... but, by cdrguru · · Score: 3, Interesting

    The problem with this sort of thing is the fact that laws are actually different in different places.

    See, Falun Gong is an illegal organization in China. The members are breaking the law by simply being members. After that, the punishment for being a member is perhaps severe, but nonetheless, it is punishment for being a member of an outlawed group.

    Similarly, it is illegal in modern-day Germany to belong to the Nazi party. This group is outlawed and membership in it is illegal. While you might not rate much torture or death, such membership is going to be frowned upon severely by the German government. Up to and including imprisonment.

    In the US it is difficult to point to an organization that is illegal to belong to, but I suspect openly disclosing that you are a member of Hamas or Hizbollah could rate you at least a swift deportation and might cause problems in gaining entry to the US if you went about it in the conventional manner. Currently in the US it is not illegal to belong to a group that is exclusively formed for the purposes of committing crimes, such as street gangs, motorcycle gangs, or the Mafia.

    While it might be all noble and such to say that China should just let groups that violently disagree with their government exist in peace, it isn't happening. China seems to be highly motivated to make the lives of people that want to change (forcibly, if not violently) the government a living hell. Sort of discourages revolution when the potential leaders are imprisoned. While we may disagree with this policy, they are being nothing if not consistent in their treatment of members of illegal organizations. Cisco has very little to do with the policy and its implementation. Had they simply refused to be part of the implementation someone else would have stepped up. When we make individuals and companies liable for such downstream actions I am all for going after Cisco but first I think we better start thinking about architectural firms that design prisons. Then we can talk about cell phone manufacturers making driving-while-distracted possible.

    Maybe in 50 years or so after we deal with all of the other problems, we can get around to Cisco.

    1. Re:It's a really nice idea... but, by PraiseBob · · Score: 2

      I'd just like to go over some history. Falun gong is more like Scientologists than Nazis. They dont "violently disagree" with anyone, but are in fact completely non-violent and are forbidden to kill living things for any reason. They basically have some weird beliefs, and the Chinese media was making fun of them. They had a small protest in a park because they resented being made fun of. The Chinese police responded by clubbing protesters, and arresting several. So, they held a bigger, silent protest outside party headquarters, and the Chinese government responded by banning the group, arresting everyone they could find, and torturing and killing the leaders.

      How would you feel if the US govt arrested anyone associated with scientology, executed Travolta and Cruise for being part of it to dissuade others from joining, and Cisco helped make it happen? Falun Gong had NO problem with the Chinese government. They were protesting being killed by their government for no reason, and wanted that to stop. Is that really an extremist request?

  16. Re:Not According to MSNBC by Elbereth · · Score: 2

    Maybe because you did it wrong.

    Try "site:msnbc.msn.com", instead.

  17. Re:Before you start defending Falun Gong... by MightyMartian · · Score: 2

    No doubt. But still, Western companies should not be involved in suppressing people in other countries in this way. I could care less about Falun Gong, I care about a Western company aiding the Chinese regime in pursuing them. That may be legal in China, but I think we should make it unlawful for our companies to take part in the suppression.

    --
    The world's burning. Moped Jesus spotted on I50. Details at 11.
  18. Re:Cisco or China or U.S. / Us? by Sir+Mouse · · Score: 2

    Given the apparent sentiment by some of the posers I would have to suggest that the Falun Gong members extend their suit to include the financial backers of the regime oppressing them, Wal-Mart, Apple, all those who knowingly purchase products built in china (virtually every US citizen), and oh yes, the US federal government. This money eventually finds its way to the Chinese government, supporting all forms of censorship and human injustices they commit. I mean it’s not like these companies and individuals “had no idea what it was going to be used for.” I mean if you’re going to supply a known assassin with the money to finance his operation you have crossed the line from supplying a product into aiding and abetting a crime.

    My point here is that while Cisco may bear some small portion of responsibility here, there is a much longer and more significant list of responsible individuals which likely includes many Slashdot posters.