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EFF Takes On Cisco's Role In China

decora writes "Several years ago, writer Du Daobin posted several essays on the internet, protesting such things as unfair taxes and the corruption of the media. He was then charged with 'inciting subversion of state power,' arrested, and after many legal twists and turns, tortured in prison. Daobin, along with several other dissidents with similar stories, decided to sue Cisco Systems (PDF) earlier this year under the legal theory that it aided and abetted China's violation of the Torture Victim Protection Act of 1991. As the case moves forward, the Chinese Ministry of Public Security has stepped up its surveillance, harassment, and interrogation of Daobin and the others. The Electronic Frontier Foundation has now joined the Laogai Research Foundation to draw attention to the case. As part of its opening move, it has asked Cisco to make public statements in support of human rights, hoping that the company's influence with the Chinese government will provide some modicum of protection for the threatened dissidents."

10 of 84 comments (clear)

  1. The precedent needs to be set by Reverand+Dave · · Score: 4, Insightful

    I think it's time we stop letting companies off the hook for helping to subvert freedoms as a course of just doing business. If we allow corporations to just keep walking over our freedoms and violating human rights, just to make a buck or because it's what their customers order they need to be held to account in the same fashion as war criminals and other international criminals. If we are going to berate and sanction china for suppressing freedom, then why are we allowing the people who created the tools that allow them to do it walk away like they had nothing to do with it. If we discourage companies from acting in an anti freedom fashion then perhaps they will think twice about doing it and investors will think twice about investing in them.

    --
    I got here through a series of tubes
    1. Re:The precedent needs to be set by thej1nx · · Score: 2

      There is a difference between merely manufacturing a gun(which may be used by police etc.) and to knowingly sell it to a well-known certified nutcase who you *know*, is going to use it to commit random mass-murder.

      What is being argued is that Cisco was *aware* of the purpose that their technology was to be used for, and still went along with the deal to make a profit.

      A company's right to make a profit comes with certain implicit restrictions. Companies are not allowed to provide supplies to the enemies in times of war, for example. It is considered treason, in such a case. Cisco was expected as part of its social responsibilities as an entity that is theoretically immortal and that cannot be jailed etc., to not deliberately participate in trampling human rights. Why do you think people were so outraged with Nike using kids in their sweat-shops? Profit is not supposed to be everything.

  2. Let me take a stab at it... by MetalliQaZ · · Score: 2, Insightful

    "At Cisco, we strive to provide excellent products and services in the network backbone and infrastructure space. Our company philosophy discourages all forms of discrimination, violence and abuse, including human rights abuses. Although we will never condone the suppression of free speech, or torturing of political prisoners, we are bound to the laws of any country in which we operate. Cisco recognizes the law of the land and will act accordingly."

    In other words, we aren't taking a stand. You can forget about that that, buster.
    They can say lots of things without saying anything.

    --
    "Here Lies Philip J. Fry, named for his uncle, to carry on his spirit"
  3. If we can torture people with impunity by fredrated · · Score: 2

    and have no risk of law suit, why shouldn't the Chinese be able to also?

    1. Re:If we can torture people with impunity by ElectricTurtle · · Score: 4, Insightful

      Ah yes, the evil of inequality vs the supposed good goal of equality, which stipulates that it doesn't matter if the poor are made poorer so long as the rich are less rich. And anybody who disagrees with that ideological nonsense will be ignored. Good show, old bean.

      --
      I support the Slashcott and will not be reading or commenting from 2/10/14 to 2/17/14. Beta is steaming pile of dog shit
  4. They are following precedent by Shivetya · · Score: 2

    the US government does business with the Chinese, the US government supports other companies doing business with the Chinese, the US maintains sells bonds to the Chinese.

    Until you hold the US government accountable for its actions how can you hold any corporation accountable? Or is this a matter of one has guns and the other does not?

    Really, how do you permit with one hand and deny with another? Why not penalize the American's who buy goods made in China, why not hold Apple accountable as well, after all their products are produced there which enables indirectly all the abuses accounted to the government of China.

    If we are to discourage companies then we need to discourage our own government as well. Apparently we are all gung ho to do so provided the party we go after can't retaliate against us.

    --
    * Winners compare their achievements to their goals, losers compare theirs to that of others.
    1. Re:They are following precedent by thej1nx · · Score: 2

      We are not debating law. We are debating ethics. Just because ethics don't always have a law enforcing them, doesn't means they are useless or unnecessary. It is not about "pushing" our laws or ethics at that. Basic human rights are not something that a country/government should be allowed to ignore, immaterial of whether it is USA or China. And it is our downright *duty* to push at least those, on the countries that do not honor them.

  5. Won't change a thing in China by jburroug · · Score: 4, Interesting

    I applaud the EFF's efforts here but I seriously doubt this will make a difference on the ground in China, even if Cisco were to see the light and speak up on behalf the dissidents. I also think the EFF is mistaken about which way influence flows in the CCP-Cisco relationship. Like any Western company doing major business with China, Cisco has had to jump through all sorts of hoops, hand over a large amount control of local operations to party apparatchiks and work under contracts that change significantly and frequently after being signed.

    Cisco's position in China is so compromised at this point that I don't see how they could stand up to the CCP in this case without pulling out of the Chinese market entirely and I just don't mean stop selling in China. They have suppliers, production facilities, hundreds of directly employees not to mention billions of dollars of IP in China. All of that is vulnerable to CCP action if Cisco were to get on their bad side. China isn't like the West, the government won't need warrants or due process to arrest Cisco employers, seize facilities and IP or just choke off Cisco's supply train like they did with rare earths a few months ago.

    Cisco is in too deep to take a stand at this point, they have more to lose than the CCP does. The CCP has demonstrated repeatedly that human rights aren't a concern for them and given their hostile reaction whenever a Western government or NGO (Nobel Committee) explicitly or implicitly criticizes their human rights record they aren't exactly concerned about their international image either. Cisco on the other hand pretty much can't win this no matter what they do. Just like most any Western company doing big business in China these days.

    Cheers,

    Josh

    --
    "Listen: We are here on Earth to fart around. Don't let anybody tell you any different!" - Kurt Vonnegut
  6. Re:Everywhere is a tax haven? by black+soap · · Score: 2

    Unless we are planning to globalize all existing laws - which is going to make switzerland and bermuda look significantly less attractive to big business as places to be (nominally) headquartered.

    It is illegal for an american company to pay bribes to government officials in any country. Is this an example of creeping globalism, too? Can US companies engage in slave trade, as long as they don't take any slaves into USA?

  7. That ship has already sailed by Hizonner · · Score: 2

    Cisco makes gear to let governments spy on their citizens. Every major network equipment manufacturer makes it. All of them. Every major network operator buys it. Practically every government requires it if you're going to build a public network. They sell it, and, yeah, that means they support it, in every sense of the word.

    It's called "Lawful Intercept" by its friends, and "sleazy narcing" by its enemies.

    It's an idea pioneered right in the U S of A. CALEA, Baby.

    Sometimes it's used for Good(TM) and sometimes it's used for Evil(TM). No government is immune to the Evil. The US government, specifically, is almost certainly abusing it, and even if it's not, the EFF sure thinks it is.

    Even if it's not being abused in the sense of illegal use, it's being used heavily to enforce laws the EFF and its main backers don't agree with.

    So why isn't the EFF coming down on Cisco for selling such equipment in the US? It's not like the EFF believes the US is pure. Nor any of the many other major governments.

    The fact is that all the network gear makers sold out ages ago, back when this whole spying thing first came up in the US. The precedent is set, the principle is established. There's no going back. Governments get what they want on the Net, period. US, China, North Korea, whoever.

    At this point, it's self help. Encrypt your data, use relays, use steganography, whatever. But it's way too late to try to fix the equipment makers. The EFF is just grandstanding.