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EFF: Cisco Shouldn't Get Off the Hook For Aiding Torture In China (eff.org)

itwbennett writes: In a lawsuit in Northern California that was dismissed in 2014, Falun Gong practitioners alleged that Cisco Systems built a security system, dubbed "Golden Shield," for the Chinese government knowing it would be used to track and persecute members of the religious minority. That case is being appealed, and on Monday the EFF, Privacy International and free-speech group Article 19 filed a brief that supports the appeal. Many U.S. and European companies sell technology to regimes that violate human rights, and if this case goes to trial and Cisco loses, they may think twice, said EFF Staff Attorney Sophia Cope. "In a lot of instances, these companies are selling directly to the government, and they know exactly what is going to be happening," Cope said.

143 comments

  1. Normally I side with the EFF, BUT by MitchDev · · Score: 0, Troll

    this is just ridiculous.

    What's next?

    Someone intentionally runs down another person with their car and Ford gets sued?

    Ginsu gets sued because some nutso housewife decided to stab her spouse and their spawns?

    The local water company gets sued when someone drowns someone in a bath tub, because after all, the water company provided the water....

    1. Re:Normally I side with the EFF, BUT by Esteanil · · Score: 5, Informative

      this is just ridiculous.

      What's next?

      Someone intentionally runs down another person with their car and Ford gets sued?

      Ginsu gets sued because some nutso housewife decided to stab her spouse and their spawns?

      The local water company gets sued when someone drowns someone in a bath tub, because after all, the water company provided the water....

      From TFA:

      The Golden Shield system included a library of Falun Gong Internet activity enabling the Chinese government to identify Falun Gong members online, according to the lawsuit. The case also contains strong evidence that Cisco created systems for storing and sharing information about “forced conversion”—i.e. torture—sessions for use as training tools.

      The cooperation was also documented in internal marketing literature, where a Cisco engineer described the company’s commitment to China’s security objectives, including the “douzhung” of Falun Gong practitioners. Douzhung is a term describing abuse campaigns against disfavored groups comprising of persecution and torture.

      --
      I'm a dreamer, the world is my playpen. But hey, I'm a serious person, I can't dream all the time.
    2. Re:Normally I side with the EFF, BUT by Anonymous Coward · · Score: 0

      this is just ridiculous.

      What's next?

      Someone intentionally runs down another person with their car and Ford gets sued?

      The analogy halts if Ford doesn't know that this particular individual have the intention to use the car for a crime.

      Had they Cisco sold equipment to Cuba or North Korea it would have been a completely different matter too, then they would have been punished for it.
      The government has decided to take a different stance regarding China and Cisco uses this to their advantage.

    3. Re:Normally I side with the EFF, BUT by __aaclcg7560 · · Score: 0

      Ginsu gets sued because some nutso housewife decided to stab her spouse and their spawns?

      Have you ever watched Mexican soap operas? They almost always ends with some poor schmuck being shot in the stomach by his angry wife. Something to keep in mind when dating a Latino woman.

    4. Re:Normally I side with the EFF, BUT by Anonymous Coward · · Score: 0

      This. Although I think I'd rather be waterboarded than have a couple 5500-series switches dropped on my chest.

    5. Re:Normally I side with the EFF, BUT by oic0 · · Score: 1, Troll

      Donewe torture people too? Was their specific type of torture illegal? They tortured people they considered to be a threat. We torture people we consider to be a threat. Think we need to stop doing something before we judge others for the same behavior.

    6. Re:Normally I side with the EFF, BUT by Anonymous Coward · · Score: 0

      Now why on earth would Cisco knowing take large sums of money for tools that would lead to torture....oh, never mind.

    7. Re:Normally I side with the EFF, BUT by ShanghaiBill · · Score: 3, Insightful

      What's next?

      Next up, they should sue Booz Allen (Snowden's employer) for violating the rights of millions of Americans, along with any other corporation that sold goods or services to the NSA/CIA/FBI/TSA.

    8. Re:Normally I side with the EFF, BUT by kronnek · · Score: 1

      If the car was built with a human targeting device that makes running people over easier, yes. If the knife was built and sold with the idea of stabbing the spouse, yes. on and on... This was a system designed to target humans, it was sold as a weapon. The world shield is in the name of the product, shield is a weapon as much as a defensive device.

    9. Re:Normally I side with the EFF, BUT by itsenrique · · Score: 1

      We could ask what your point is as well. So we should go to war with China because of their atrocities, yet Cisco did absolutely nothing wrong by helping them?

    10. Re:Normally I side with the EFF, BUT by messju · · Score: 0

      Torture is a crime against humanity. TANSTALT: There ain't no such thing as legal torture.

    11. Re:Normally I side with the EFF, BUT by Kohath · · Score: 2

      It's endless. There will always be people who demand money because of some grievance or another. Because actually earning money is much more difficult than telling a sob story.

      The question is, why should the rest of us keep going along with the endless demands? Because we think someday it will be our turn to get a big unearned payday? Because ... envy?

    12. Re:Normally I side with the EFF, BUT by N1AK · · Score: 2

      Where do you draw the line though? Can we add the people who provided materials to build and create Guantanamo bay to the list of companies that should be punished, the people who make the navigation software used in aircraft performing extraordinary renditions...

      I want to know that Cisco knowingly produced products for this purpose and it influences my view on the company, but that's a long way from thinking they should have criminal liability for it.

    13. Re:Normally I side with the EFF, BUT by Anonymous Coward · · Score: 1, Insightful

      I think Cisco acted legally for the country they were in.

      If you want to boycott them that's fine but there's no basis (and total hubris) for suing them for their China subsidiary's actions for breaking US laws.

      Perhaps you'd like to go after them for not paying California's minimum wage laws in China?

      No, no. Your moral righteousness is absolute.

    14. Re:Normally I side with the EFF, BUT by CurryCamel · · Score: 2

      I'd sort of agree with you. Cisco shouldn't be criticiszed for selling communications equipment to China. The evidence is plain, what better way to lift people from under oppressive regimes than communucations.

      But, from TFA:

      Cisco built an extensive law-enforcement system for the Chinese government beginning in 1999, called the "Golden Shield" or "Great Firewall."

      Cisco built the fucking Great Firewall of China!
      They deserve everything they can get, and more. And I don't mean profits now.

    15. Re:Normally I side with the EFF, BUT by gstoddart · · Score: 3, Informative

      If someone comes to you and says "I need you to sell me a system which we can use to track and arrest dissidents", you can't claim you had no idea of what it was being used for.

      Companies routinely sell to nations with the fill knowledge the purpose of the technology isn't entirely benign.

      In fact, according to TFA, there is a law on the books called the Alien Tort Law which specifically says you can't do this without consequences.

      This is nothing at all like suing Ford because of the actions of a driver. Because in this case Cisco was likely an active participant.

      --
      Lost at C:>. Found at C.
    16. Re:Normally I side with the EFF, BUT by Kohath · · Score: 1, Interesting

      If someone comes to you and says "I need you to sell me a system which we can use to track and arrest dissidents"

      What if someone wants to buy shoes "so they can track and arrest dissidents"? Or lunch so they can keep up their dissident-tracking strength?

      I guess selling shoes or food is wrong too? But it only matters if there's a way to get a big unearned payday from the shoe-seller. No payday, no moral outrage.

    17. Re: Normally I side with the EFF, BUT by hackwrench · · Score: 1

      At least we'd have the proper venue. Ithink some sort of corrective action should be taken with Cisco, but suing in a U.S. jurisdiction is not the proper venue nor is it the way to achieve a positive result.

    18. Re:Normally I side with the EFF, BUT by Anonymous Coward · · Score: 0

      A> China will tell you it isn't torture but reeducation.
      B> That's legal in China.

    19. Re:Normally I side with the EFF, BUT by dj245 · · Score: 3, Interesting

      this is just ridiculous.

      What's next?

      Someone intentionally runs down another person with their car and Ford gets sued?

      Ginsu gets sued because some nutso housewife decided to stab her spouse and their spawns?

      The local water company gets sued when someone drowns someone in a bath tub, because after all, the water company provided the water....

      From TFA:

      The Golden Shield system included a library of Falun Gong Internet activity enabling the Chinese government to identify Falun Gong members online, according to the lawsuit. The case also contains strong evidence that Cisco created systems for storing and sharing information about “forced conversion”—i.e. torture—sessions for use as training tools.

      The cooperation was also documented in internal marketing literature, where a Cisco engineer described the company’s commitment to China’s security objectives, including the “douzhung” of Falun Gong practitioners. Douzhung is a term describing abuse campaigns against disfavored groups comprising of persecution and torture.

      Denying countries the tools they need to commit human rights violations is not a new tactic. Even if the lawsuits fail, companies have been named and shamed. This is quite effective a lot of the time. The US has performed far fewer lethal injection executions after the EU named and shamed the companies that make the drugs. It wasn't worth the bad publicity for a tiny part of their business.

      It will be interesting to see how Cisco responds. Supplying large and presumably very expensive IT systems to the Chinese government is probably a much larger business than 100 or so doses of specialized drugs that have no other good uses. It may be worth it to Cisco to try to weather the PR storm.

      --
      Even those who arrange and design shrubberies are under considerable economic stress at this period in history.
    20. Re:Normally I side with the EFF, BUT by Anonymous Coward · · Score: 0

      Why isn't violence a crime against humanity? What sets torture apart from violence?

    21. Re:Normally I side with the EFF, BUT by Anonymous Coward · · Score: 0

      Actually, if they feel this strongly, they should Cisco for selling to the NSA and CIA.
      CIA death squads come to mind, specifically Jesuits in Latin America.

    22. Re:Normally I side with the EFF, BUT by Thanshin · · Score: 1

      Perhaps you'd like to go after them for not paying California's minimum wage laws in China?

      No, no. Your moral righteousness is absolute.

      Are you really going to use the "countries have the right to set their own laws" argument in a torture-genocide case? Because I don't think you'll find it hard to find moral absolutes in that area.

    23. Re:Normally I side with the EFF, BUT by Thanshin · · Score: 1

      What if someone wants to buy shoes "so they can track and arrest dissidents"? Or lunch so they can keep up their dissident-tracking strength?

      If the shoes are specifically made to facilitate your dissident tracking efforts, yes. Otherwise, no.

      That's the point in judging moral behavior. Knowledge and intent, matter.

    24. Re:Normally I side with the EFF, BUT by Anonymous Coward · · Score: 2, Insightful

      Yes. Sovereign nations do, in fact, have the right to set their own laws.

      So how are you going to stop them from committing atrocities?

      Oh yeah, that's right... WAR.

      Do you want to pay that cost for your moral absolutism? No? Huh, imagine that, your moral absolutism has limits.

      So you want to go the Iran/Iraq route with harsh economic sanctions? Well... that deprives those citizens of healthcare and food... tantamount to torture by some definitions. We've also seen the results - North Korea, Iran, Cuba are all still here and their governments still firmly in control.

      Right, better to just sue Cisco and feel like you're "doing" something than actually solve the problem.

    25. Re:Normally I side with the EFF, BUT by Kohath · · Score: 2

      That's the point in judging moral behavior. Knowledge and intent, matter.

      But getting a big unearned payday from suing is what really matters.

    26. Re:Normally I side with the EFF, BUT by Anonymous Coward · · Score: 0

      Agreed - does Cisco not also help the US and UK "douzhong" its citizens too to support the respective countries' security objectives?

      It does.

    27. Re:Normally I side with the EFF, BUT by DarkOx · · Score: 4, Informative

      I think its a pretty strait forward mens rea question, did you know or should your reasonably have know you were materially contributing to the violation of human rights.

      Others have asked should Ford be responsible if you buy a car and run someone over. No clearly not because Ford has no reason to think you want that car for anything besides driving it to work the grocery store and taking a family road trip once in a while. In most cases.

      On the other hand if [walk] into the dealer the first thing you ask is "Show me something I can run over my ex-girlfriend with tonight" maybe someone ought to make a phone call, and not sell you a car just then.

      Same thing with guns. The manufacture has no reason to think you want the weapon for anything other than shooting sports, or self defense. So that fines.

      I would not expect the any liability to go to the fold providing materials for the construction of GitMo either. The US military has plenty of legitimate applications for wire fence, concrete, dry wall, coffee makers, etc. There was no reason to think as a contract building a prison it was going to be used as a torture facility.

      Cisco on the other hand knows exactly China was going to use the gear for. They practically told them as much, from what I have read. There have been plenty of past cases where equipment was used that way.

      --
      Repeal the 17th Amendment TODAY! Also Please Read http://www.gnu.org/philosophy/right-to-read.html
    28. Re:Normally I side with the EFF, BUT by Anonymous Coward · · Score: 1

      this is just ridiculous.

      What's next?

      Someone intentionally runs down another person with their car and Ford gets sued?

      Ginsu gets sued because some nutso housewife decided to stab her spouse and their spawns?

      YES - if the seller knew that the car or knife was going to be used for murder in advance. Common murderers doesn't usually state their intention up front. But if someone buy a car "for running over annoying neighbours" or "the best knife for slaying children age 8-12" - then you better not be part of it.

      The local water company gets sued when someone drowns someone in a bath tub, because after all, the water company provided the water....

      Well, if they supply water to someone's "people-drowning plant" they might be in trouble.

      Similiarly, this is the reason why many countries won't sell weapons to non-allied countries engaged in a war - or why Europe won't sell certain poisons to U.S. prisons. You are responsible for providing the tools for illegal/immoral activity - if you know up front what's going on.

    29. Re:Normally I side with the EFF, BUT by Anonymous Coward · · Score: 0

      I think the difference is knowing you are selling a car to a known DUI driver with suspended license.

      But knowing your system is going to be used for spying/tracking is a big leap to knowing it will be used for torture.

    30. Re:Normally I side with the EFF, BUT by Thanshin · · Score: 1

      So how are you going to stop them from committing atrocities?Oh yeah, that's right... WAR.

      Cisco isn't China.

      Do you want to pay that cost for your moral absolutism?

      Closing Cisco has a pretty little cost.

      your moral absolutism has limits.

      No. It doesn't. Its consequences may have, but that doesn't make them wrong.

      Right, better to just sue Cisco and feel like you're "doing" something than actually solve the problem.

      So... If we can't stop death, there's no point in having medics? If we can't have a government that represents us all, better not to have any government?
      I think the one who has a problem with absolutes is you.

      I can certainly decide it's a good idea to harm Cisco while accepting we won't be transforming China into a democratic utopia.

    31. Re:Normally I side with the EFF, BUT by DarkOx · · Score: 1

      Chase down dissident's like never before with new Air Zedongs!

      Tired of dissidents escaping around street corners while chasing them thru the crowed streets of Beijing? If only you had just a little more speed you could knab those bastards. Have you stooped to tie you shoes only to look up and see the dissident you've spent the entire afternoon tailing has run off. The Air Zedongs feature stylish Velcro straps that always remain securely fixed until you release them! Power no longer flows from the gun barrel but springs from the soul of your feet when you ware the all new Air Zedongs!

      --
      Repeal the 17th Amendment TODAY! Also Please Read http://www.gnu.org/philosophy/right-to-read.html
    32. Re:Normally I side with the EFF, BUT by jellomizer · · Score: 1

      Well being that you on the Internet the chances are rather good that you are Using a product that is partially or completely manufactured in China.
      Every dollar you spend on these goods will help fund China and allow them to continue their evil ways.

      --
      If something is so important that you feel the need to post it on the internet... It probably isn't that important.
    33. Re:Normally I side with the EFF, BUT by silas_moeckel · · Score: 1

      Yup it's their right it's also our right to got to war anex the country and "fix" the issue. Neither is a great fix both have huge issues. The rule of law is only effective if you have the guns to back it up.

      --
      No sir I dont like it.
    34. Re:Normally I side with the EFF, BUT by Anonymous Coward · · Score: 0, Informative

      > So... If we can't stop death, there's no point in having medics? If we can't have a government that represents us all, better not to have any government?

      Really? You think China's torturing of their citizens or building better network systems to torture their citizens will STOP if you shut Cisco down?
      And, again with your hubris, the US is the United States government, not the United Federation of Earth (or even the United Nations for that matter of which China has a position on the UN Human rights board. Imagine that!)

      > Closing Cisco has a pretty little cost.

      Of course, it doesn't cost YOU anything in karma or moral effort. You fully support making a symbolic sacrifice to assuage your moral outrage rather than, y'know, actually DO something like prevent US companies from working with China to begin with. But we can't have that, it'll lead to nationalism!

    35. Re:Normally I side with the EFF, BUT by dywolf · · Score: 1

      If Ford/Ginsu sold the car/knife to the individual with the full knowledge of what would happen...then yes.

      --
      The guy who said the election was rigged won the presidency with the second-most votes.
    36. Re:Normally I side with the EFF, BUT by GameboyRMH · · Score: 3, Interesting

      On the other hand if [walk] into the dealer the first thing you ask is "Show me something I can run over my ex-girlfriend with tonight" maybe someone ought to make a phone call, and not sell you a car just then.

      And what Cisco did is the equivalent of the car salesman instead responding with "I can get you just the thing for that! We can customize this SUV with bludgeoning metal bars on the front, lacerating blades underneath, and a targeting system to keep track of her if she tries to escape!" And sadly that was legal in the prospective buyers' jurisdiction...

      --
      "When information is power, privacy is freedom" - Jah-Wren Ryel
    37. Re:Normally I side with the EFF, BUT by dywolf · · Score: 1

      so your stance is "since they're going to do it anyway, why not make a buck in it, and btw, you cant hold me responsible for what they did, even though I enabled it"

      --
      The guy who said the election was rigged won the presidency with the second-most votes.
    38. Re:Normally I side with the EFF, BUT by macxcool · · Score: 1

      You're right, of course. China's laws and the laws of Western countries would be in conflict here. We can't impose the rule of law on them, but a Western-based company knowingly supporting this sort of thing is wrong. If we're going to say that China is wrong and we're right, we need a solid premise beyond just invoking the term 'Human Rights' from which to argue. Then we could argue that sanctioning Cisco is an appropriate response.

    39. Re:Normally I side with the EFF, BUT by dywolf · · Score: 2

      unless of course you're being held by US authorities in Gitmo, or been extraordinarily renditioned to Afghanistan, Syria, Egypt, or another fantastic vacation locale.

      --
      The guy who said the election was rigged won the presidency with the second-most votes.
    40. Re:Normally I side with the EFF, BUT by Anonymous Coward · · Score: 0

      Now you are being ridiculous...this is not in any way the same as designing/building something that in theory anyone can use for a 'lawful purpose' that ends up being used for an unlawful purpose. The premise here is more akin to someone asking you to develop an algorithm to break in to some bank's security system and you do it knowing full well what it will be used for. In that case you are 'aiding & abetting a criminal enterprise' & would be charged with a crime (presuming the police captured the perpetrators & then tracked you down).

      If China simply went & bought a bunch of Cisco equipment & set it up themselves for purposes of repression that's one thing but if Cisco actively helped do so that's entirely a different kettle of fish. Now, if you are working for Cisco & you were asked to participate in this type of thing I'd hope your 'moral compass' might convince you to say 'no' or just leave the company (yes I realize that would be hard but moral choices aren't always easy).

    41. Re:Normally I side with the EFF, BUT by gstoddart · · Score: 1

      Ah, except the US has conveniently said "but this isn't torture, it's enhanced interrogation" for the stuff they do.

      Awesome, isn't it?

      --
      Lost at C:>. Found at C.
    42. Re:Normally I side with the EFF, BUT by Anonymous Coward · · Score: 1

      Well if you actually READ one of the links in the summary you'd have found out the lawsuit is in respect to violation of a US law specifically designed to stop someone doing something in the US that they know will lead to human rights abuses in other countries. I would actually think this could be extremely hard to prove, not impossible, but hard. But the real point is the law exists in the US so the idea is that Cisco broke US laws.

      Your reading comprehension skills are absolute....

    43. Re: Normally I side with the EFF, BUT by Anonymous Coward · · Score: 0

      Why not? The claim is that Cisco violated a US law, where else than should they be sued/prosecuted? Seriously people, please actually take 2 seconds to click & read a link for crying out loud!

    44. Re:Normally I side with the EFF, BUT by parkinglot777 · · Score: 1

      You don't get it... This is not about whether or not China is going to stop torturing their people, but it is about who assists them to do so. If the person who assists them is not from the US, then the US wouldn't have this legal issue with because it will be up to the person's nation to do so.

      Cisco is an American company ( https://en.wikipedia.org/wiki/... ). Because US laws are against torturing, the citizen of the country should NOT assist others, regardless from where on the earth, to do so. Even worse, in this case, Cisco have the knowledge of what the system is going to be used for...

    45. Re:Normally I side with the EFF, BUT by I4ko · · Score: 2

      Good, there is no place for religion in a civilized world.

    46. Re: Normally I side with the EFF, BUT by Anonymous Coward · · Score: 0

      Firearms stores have been sued because they sold a firearm to a wanker who wound up using it to kill someone.

    47. Re:Normally I side with the EFF, BUT by mjm1231 · · Score: 1

      Yes. Sovereign nations do, in fact, have the right to set their own laws.

      So how are you going to stop them from committing atrocities?

      Oh yeah, that's right... WAR.

      Modern countries have developed many other methods for dealing with these sorts of situations. While they are sometimes not as fast or effective as WAR, they don't generally have the side affect of killing thousands or millions of innocents. If you want to live in the past, you'll first have to wait for the future to invent your time machine.

      --
      Ideology: A tool used primarily to avoid the bother of thinking.
    48. Re:Normally I side with the EFF, BUT by Anonymous Coward · · Score: 0, Insightful

      Already answered.

      North Korea, Iran and Cuba's governments are still in full control of their respective countries. But the side effect of "killing thousands of millions of innocents" (which, btw, these governments have done) goes on and remains unpunished. In fact, the US is going to give Cuba and Iran what they've been asking for.

      Just because you can imagine a socialist utopia doesn't mean you've made one in reality. Speaking of which, how's Venezuela doing with human rights these days?

    49. Re:Normally I side with the EFF, BUT by unencode200x · · Score: 1

      Wouldn't this apply to Google or pretty much any company too? If they provide search information to the government who then rounds up people who later disappear or aren't allowed to have children, or whatever....

      --

      Chance favors the prepared mind.
      Perfect is the enemy of good.
    50. Re:Normally I side with the EFF, BUT by vel-ex-tech · · Score: 1

      I'm sure if you keep repeating this enough times without providing any reason that you believe the allegations are false, it'll be true!

      Do you have some problem with bringing the accused to court and if found guilty punishing them? Why do you believe criminals shouldn't be punished?

      Do you have a problem with the appeals process? Do you think everything a judge says should be final and forever binding, written in stone? Do you think judges are infallible? Are you arguing we should get rid of the appeals system all together?

      I'm perplexed, to say the least.

    51. Re:Normally I side with the EFF, BUT by DigiShaman · · Score: 0

      So I've had an interesting discussion about this with my co-workers. In short, yes, sovereign nations have their own laws. So unless US law states otherwise that's applicable to a person or company, it's perfectly legal to aid and even architect methods of oppression abroad. Or to simply put, morality and law are two entirely separate things and not to be conflated. Meaning, while one may be modeled after the other, they're not intrinsically bound as absolute.

      So how do we change it as US citizens? Law. Talk to your representatives. I've been reminding that at one point the export of cryptography to China. But thanks to Bill Clinton, that limitation is no longer in effect. Time to reverse that trend if you want morality to be enforced under law.

      --
      Life is not for the lazy.
    52. Re:Normally I side with the EFF, BUT by AmiMoJo · · Score: 1

      You have to look at what they knew. If they could reasonably have assumed that the US wouldn't torture people, then okay. But if the US asked them to build a waterboarding facility with that specific purpose, then they should pay for doing it.

      Cisco knew what was happening and aided those who were doing it.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    53. Re:Normally I side with the EFF, BUT by Anonymous Coward · · Score: 0

      "I will make it legal"

      And let's not forget that Cisco went right along with helping the US military too (and probably helped with the Patriot Act too, except you can't sue Cisco for THOSE human rights abuses because the US Government gave them immunity... which automatically triggers the following movie quotes:

      "You don't have one of these... do you Jack?"
      "DIPLOMATIC IMMUNITY!"

    54. Re:Normally I side with the EFF, BUT by Fire_Wraith · · Score: 2

      The difference is in the intended use. It's one thing to sell items that are for a general purpose, it's another to sell something with an explicit purpose. For instance, shoes isn't a big deal, unless the contract explicitly states something like that the shoes should have spikes for stomping dissidents in the head. If Cisco sold routers to the Chinese government, and the Chinese government used them for whatever, that's not necessarily Cisco's fault.

      If on the other hand, China asked Cisco "Hey, what can you do for us to help us deal with squashing these dissidents and such?" and Cisco responded with a whole list of things they could do, and then were paid to do it, that's entirely different.

    55. Re:Normally I side with the EFF, BUT by Anonymous Coward · · Score: 0

      Yes.

    56. Re: Normally I side with the EFF, BUT by hackwrench · · Score: 1

      Which one? I think maybe part of the reason that Slashdot is known for not reading the articles is that they get a bunch of links thrown at them in a summary.

    57. Re:Normally I side with the EFF, BUT by Anonymous Coward · · Score: 0

      It's illegal for me to go to Thailand with the intent of legally fucking children in that country. Similarly, it should be illegal to go into a foreign country with the intent of assisting in what would be criminal activity here. Now, I'm not sure if it actually IS illegal to do that, but I hope they can find some way to legally stick it to Cisco over this.

      This is like back when our tech corporations were helping the Nazis track people to slaughter. You can't use the argument that "they would just pay someone else to do it" because that's simply not true. If American and European companies are banned from helping, they would receive a much lower quality of work, assuming someone else could even complete a large scale project of that nature.

    58. Re:Normally I side with the EFF, BUT by Anonymous Coward · · Score: 0

      Unless you change your citizenship, then it IS legal.

      Cisco, as a company in China, is a CHINESE BUSINESS, staffed and managed by mostly Chinese personnel.

      Should China be able to sue their companies with subsidiaries in the US for allowing their American employees to have more than one child?

    59. Re:Normally I side with the EFF, BUT by Anonymous Coward · · Score: 0

      I want to sue Cisco for helping the NSA violate my human rights to privacy.

    60. Re:Normally I side with the EFF, BUT by Rakarra · · Score: 1

      And your point is?

      If Cisco didn't do it would the Chinese have stopped the torture and killing?

      If you and the EFF feel this strongly about it maybe you should support war against China to stop the people actually DOING the torture to begin with.

      What, "so it's going to happen anyway, we might as well partake in the torture."

      When you support a torturer, that enables more torture. China doesn't want to be a pariah, they don't want to become politically isolated again. They love being able to have their cake and eat it too, having cozy relationships with Western companies while repressing their people. In that position, no one else has any leverage to affect change.

      Why is it that you offer only two extremes: all out war or being completely complicit and supportive of torture?

    61. Re:Normally I side with the EFF, BUT by Rakarra · · Score: 1

      Really? You think China's torturing of their citizens or building better network systems to torture their citizens will STOP if you shut Cisco down?
      And, again with your hubris, the US is the United States government, not the United Federation of Earth (or even the United Nations for that matter of which China has a position on the UN Human rights board. Imagine that!)

      Yeah, China's position on the Human Rights board shows how much of a joke the HR board really is.

      And Cisco is a US-based company. I don't give a shit whether it's a "chinese subsidiary" of Cisco or not, it's an American company and it's about time some of these bad actors get to pay the piper. If they insist they have to sell to and actively abet torturers, fine, they can leave the US, but if they want to be an American company, they can reap the drawbacks of that as well as the advantages.

    62. Re:Normally I side with the EFF, BUT by Rakarra · · Score: 1

      Donewe torture people too? Was their specific type of torture illegal? They tortured people they considered to be a threat. We torture people we consider to be a threat. Think we need to stop doing something before we judge others for the same behavior.

      Agreed, and I fully support the prosecution of those in the US who enabled, supported, and committed US torture as well.

    63. Re:Normally I side with the EFF, BUT by cold+fjord · · Score: 0

      Ah, except the US has conveniently said "but this isn't torture, it's enhanced interrogation" for the stuff they do.

      Awesome, isn't it?

      I think the day you decide to act as if facts matter will be awesome.

      Of course that will take a lot of the fun out of emoting, "Papers please!"

      Somehow I don't think you would have a hard time choosing between being held for investigation and interrogation by typical American law enforcement versus typical Communist Chinese law enforcement. You may be reckless, and "a bit" of an ideologue, but you don't seem to be stupid.

      --
      much of left-wing thought is a kind of playing with fire by people who don't even know that fire is hot - George Orwell
    64. Re:Normally I side with the EFF, BUT by N1AK · · Score: 1

      I think its a pretty strait forward mens rea question, did you know or should your reasonably have know you were materially contributing to the violation of human rights.

      Why only human rights abuse and not general criminality? Besides which the definition you are using is effectively pointless. If that was the law then China could have either been less open about their intentions, or if that wasn't enough they could have bought them through an intermediary.

    65. Re:Normally I side with the EFF, BUT by dywolf · · Score: 1

      cool story bro.

      except this wasn't "investigation and interrogation by typical American law enforcement".

      it was torture. conducted by the CIA, and/or foreign proxies, such as the extraordinary rendition (re: kidnapping) of ~3000 persons, some US citizens, some citizens of US allies, several of whom were cases of mistaken identity, yet tortured for months before being released without apology or acknowledgement of wrong doing.

      it was torture. cut and dry.
      you should take your own advice about dealing in facts,
      but your post history and reputation show that doesn't really interest you.

      --
      The guy who said the election was rigged won the presidency with the second-most votes.
    66. Re:Normally I side with the EFF, BUT by Anonymous Coward · · Score: 0

      Talk to somebody who works at Cisco. They're easy to find.

      Everything at Cisco is totally controlled from the USofA, usually in minute detail. Subsidiaries in individual countries have basically zero autonomy. You may work on a project with people from several different subsidiaries and not even know it. It's not uncommon for your boss or subordinates to work for a different national subsidiary than you do.

      That's the OBJECTIVE REALITY. "Charters" are bullshit political fantasies and everybody knows it.

      And Cisco employees absolutely knew what would happen when Cisco actively and intentionally provided technical assistance specifically designed for the stated purpose of surveilling the Falun Gong. If Zuckerburg starts helpfully identifying subversive messages for the Chinese, and proactively suggesting ways they can track people better, then I hope he's forced to pay damages for it too.

    67. Re:Normally I side with the EFF, BUT by Anonymous Coward · · Score: 0

      Mens rea does apply to general criminality, and always has. It's been diluted somewhat in some places by the usual moronic politicians screaming for blood and creating strict liability offenses for things that are apparently Just Too Important To Follow 1000 Years of The Rules, but it is the general rule in common law countries, including the USA. And it should be the rule everywhere, in all cases. If you can't prove mens rea, tough for you, Mr. Cop; you still shouldn't be able to punish anybody without it.

      This is a civil case, by the way. Not that the principle shouldn't still have some application there.

      If that was the law then China could have either been less open about their intentions, or if that wasn't enough they could have bought them through an intermediary.

      Which would have imposed costs on them and put them at risk of getting caught in a lie. It would also have deprived them the direct, enthusiastic assistance they got from Cisco in system design and in configuring the equipment for their particular application. It's hard to help your customer do something if you don't know what it is.

      Which is why there are many, many rules about what you "know or should have known" in real life.

    68. Re:Normally I side with the EFF, BUT by Kohath · · Score: 1

      Do you have some problem with bringing the accused to court and if found guilty punishing them? Why do you believe criminals shouldn't be punished?

      Why should money change hands? Why should someone who has earned nothing and done nothing of value for anyone get a big payday? How did punishing the guilty turn into rewarding lawyers and grievance activists?

  2. money by sociocapitalist · · Score: 1

    They won't think twice. They've already considered the risk case and built the probable legal loss into the cost of the product.

    The only way to even dream of making companies not do this is to make the decision makers and eventually the shareholders liable for crimes against humanity personally, without the possibility of the corporation buying off the government as they do for such things now.

    Of course the government in question is broke and corrupt to the point where turning away billions in bribes (sorry I mean legal penalties) won't even occur, never mind actually happening.

    --
    blindly antisocialist = antisocial
    1. Re:money by N1AK · · Score: 2

      The only way to even dream of making companies not do this is to make the decision makers and eventually the shareholders liable for crimes against humanity personally

      Can all Americans who had the right to vote during the 2005 election please make their way to the local incarceration centre? Your crime is being the decision makers who elected someone known to support the use of torture... apparently this is the only way to change things, so nothing personal.

    2. Re:money by XxtraLarGe · · Score: 1

      Can all Americans who had the right to vote during the 2005 election please make their way to the local incarceration centre? Your crime is being the decision makers who elected someone known to support the use of torture... apparently this is the only way to change things, so nothing personal.

      I take it you meant 2004? Not all of us voted for Bush. I take it your logic would also apply to anyone who voted for Obama in 2008 & 2012?

      --
      Taking guns away from the 99% gives the 1% 100% of the power.
    3. Re:money by XxtraLarGe · · Score: 2

      The only way to even dream of making companies not do this is to make the decision makers and eventually the shareholders liable for crimes against humanity personally, without the possibility of the corporation buying off the government as they do for such things now.

      Shareholders are held accountable by losses in stock value. That should be the limit of accountability for them, otherwise it would be almost impossible for anyone to invest. Are you going to go after a teacher because they have 3% of their TIAA-CREF retirement in a mutual fund that happens to have CISCO as a part of the fund?

      --
      Taking guns away from the 99% gives the 1% 100% of the power.
    4. Re:money by sociocapitalist · · Score: 1

      The only way to even dream of making companies not do this is to make the decision makers and eventually the shareholders liable for crimes against humanity personally, without the possibility of the corporation buying off the government as they do for such things now.

      Shareholders are held accountable by losses in stock value. That should be the limit of accountability for them, otherwise it would be almost impossible for anyone to invest. Are you going to go after a teacher because they have 3% of their TIAA-CREF retirement in a mutual fund that happens to have CISCO as a part of the fund?

      Are you suggesting that the owners of businesses should not be responsible for the actions of those businesses?

      --
      blindly antisocialist = antisocial
    5. Re:money by sociocapitalist · · Score: 1

      The only way to even dream of making companies not do this is to make the decision makers and eventually the shareholders liable for crimes against humanity personally

      Can all Americans who had the right to vote during the 2005 election please make their way to the local incarceration centre? Your crime is being the decision makers who elected someone known to support the use of torture... apparently this is the only way to change things, so nothing personal.

      I voted against Bush. Twice.

      I am not against the idea of people being held accountable for the results of their voting although that will also never happen.

      --
      blindly antisocialist = antisocial
    6. Re:money by N1AK · · Score: 1

      Yes it would, and I full appreciate that you didn't all vote for Bush. However, the post I was responding to said Shareholders should be punished for the actions of companies they invest in, it didn't say only shareholders that knowingly voted for or were aware of the illegal actions; the equivalent in an election would be holding everyone who could have voted responsible for the result (which is obviously a stupid thing to do).

    7. Re:money by XxtraLarGe · · Score: 1

      Are you suggesting that the owners of businesses should not be responsible for the actions of those businesses?

      Go back and re-read what I wrote. If I invest $1000 in a company's stock, let's say a pharmaceutical corp, and it's found out that their drug kills people, and the value of my stocks plummet, shouldn't that be enough? I'm not in the board room making decisions, I don't have access to research, etc. Don't you think I would have paid enough of a penalty by my investment losing value?

      --
      Taking guns away from the 99% gives the 1% 100% of the power.
    8. Re:money by sociocapitalist · · Score: 1

      Are you suggesting that the owners of businesses should not be responsible for the actions of those businesses?

      Go back and re-read what I wrote. If I invest $1000 in a company's stock, let's say a pharmaceutical corp, and it's found out that their drug kills people, and the value of my stocks plummet, shouldn't that be enough? I'm not in the board room making decisions, I don't have access to research, etc. Don't you think I would have paid enough of a penalty by my investment losing value?

      I did read what you wrote and I generalized very deliberately.

      Let's say that instead of being publicly traded that pharmaceutical company was owned by a single person. That person would be held responsible for the actions of the company, unless that person were deliberately deceived by those working for them.

      A corporation is often controlled by one or more voting majority shareholders. Ethically I see no reason to treat them any differently than a small business owner in the same situation.

      If I've understood correctly, you believe that a financial penalty is sufficient whereas I believe that investors would be a lot more conscious and careful about what their companies were doing if there were the specter of real consequences for 'wrongdoing' by that company.

      The current state of things is that companies and the owners (shareholders) of those companies have no risk other than financial which by itself is not sufficient. Companies build their models including the risk of getting caught and having to pay off the government. Executives rely on the government being willing to be bought off and rarely have any personal consequences resulting from their decisions. Stock may not even lose value because if the executives have done their job correctly the loss risk has already been built into the business model. Worst case the stock will drop for some time but how many companies ever actually go out of business because of something like this?

      I think you're right about minority shareholders not having visibility or control but something has to change somewhere because at the moment no one involved has any real fear of real consequences.

      --
      blindly antisocialist = antisocial
  3. If a corporation is a person by Anonymous Coward · · Score: 0

    Then it should go to jail.

    Not the CEO of course, because he and his board has the corporate shield, but the company itself. Massive fines/tarrifs/penalties.

    1. Re:If a corporation is a person by malditaenvidia · · Score: 1

      I'm still trying to figure out which part of this was illegal at all.

    2. Re:If a corporation is a person by Anonymous Coward · · Score: 0

      Probably a combination of Aiding and abetting and Alien Tort Statute. Excerpts from each:

      Aiding and abetting is a legal doctrine related to the guilt of someone who aids or abets in the commission of a crime

      Since 1980, courts have interpreted this statute to allow foreign citizens to seek remedies in U.S. courts for human-rights violations for conduct committed outside the United States.

    3. Re:If a corporation is a person by MitchDev · · Score: 1

      The fact that the SJW's don't like what China is doing.

      You want to decide what's legal? Start your own country.

    4. Re:If a corporation is a person by HiThere · · Score: 1

      No, the CEO and the board do NOT have a corporate shield. The corporate shield protects the minority stockholders. There is, however, a very strong legal tradition that the board and CEO not be charged for the crimes they have knowingly committed. Occasionally they will allow some lesser worker of the corporation to be charged and convicted as a scapegoat. Often that person was also guilty of the same crimes, but to convict both him and those of his superiors who ordered the illegal action would lead to conspiracy charges, and nobody wants to charge the CEO of a major corporation with conspiracy.

      The law is two things:
      1) The stuff it actually says, and
      2) The way that stuff is actually interpreted and applied.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
  4. And so on by Impy+the+Impiuos+Imp · · Score: 0

    I remember Putin seizing control from Yeltsin. He then turned to taking over the TV stations...and brought in an US company to manage them.

    "Capitists will sell us the rope with which to hang them." Communism or post-communism standard dictatorship, they just want the power.

    --
    (-1: Post disagrees with my already-settled worldview) is not a valid mod option.
  5. Maybe the EFF can sue all open source projects too by Anonymous Coward · · Score: 0, Insightful

    Considering practically every major open source software project is released to the world at large with full knowledge that some bad people will do some bad things with the software, then I'm sure the 100% non-hypocritical EFF will be happy to attack every single open source project that has been misused.

    Or, to put things more "practically", the EFF is probably making all this noise because they want a nice "donation" from Cisco and the check hasn't arrived in the mail yet.

  6. No logo? by Anonymous Coward · · Score: 0

    Slashdot no longer has a logo graphic in the upper-left corner of the page. What's the problem?

  7. This is the wrong way to do this. by Anonymous Coward · · Score: 0

    I agree that Cisco shouldn't be allowed to do this, but you can't retroactively make something illegal, and courts aren't legislatures. If you want to make something illegal, pass a law. You can't just sue someone for doing something you don't like.

    1. Re:This is the wrong way to do this. by HiThere · · Score: 1

      This isn't retroactive. That law's been on the books since the 1950's, or maybe the 40's.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
  8. I think the question is one of intent. by Anonymous Coward · · Score: 0

    If you make a statement to your water company that you intend to kill hostages by drowning them in your pool and they come out and add a water main and turn it up with knowledge of your intent, then they are aiding that intent. The problem is companies that sell overseas don't always sell to the bad actors directly. Just like we bought titanium through a dummy corporation from Russia to build the SR71 use to spy on them, most of these companies sell their products to someone who has money or through partners and really don't know or can't control how their products are used. It is very similar to car companies being libel for all automobile deaths, or plastic companies being held to account for all people killed by plastic bags either intentionally or unintentionally. We are getting into a ridiculously litigious society where there need to be walls built against these kinds of frivolous lawsuits, and the walls need to be built on uncommon sense, otherwise to say this will have chilling effects goes without saying.

    Imagine having to sign 200 pages of paperwork to buy a a golf ball and that golf ball costing three hundred dollars because the golf ball company wants to insure you won't kill anyone with it, give it to babies, sell it to a pyromaniac, dispose of it in an environmentally impacting way or give it to anyone without transfer of the legal indemnification such that you don't give it to an astronaut who takes it to the ISS, then takes it on a space walk, drops it, and then ten years later it decays in orbit, crashes into a huge satellite triggering its thrusters to fire and crashing it into the ISS which cause it to spin out of control and smash into a few more satellites taking out all communications and turning LEO into a death zone. Then ten months later debris falls from space and crashes into a freeway taking out a tanker truck full of toxic gas killing five hundred people in a mall nearby and suddenly the golf ball company is guilty of mass murder, terrorist attacks, destroying governments satellites, war crimes and causing the stock market to crash.

  9. How long by Anonymous Coward · · Score: 0

    How long until we hear the news about a backdoor in Cisco equipment now that the Juniper and Fortinet ones have surfaced?

  10. Ok, so let's trade by Virtucon · · Score: 2

    Let's make a trade. We'll agree that Cisco is a money grubbing enterprise that doesn't have a soul and is a sellout in exchange for not having that )(!@)#! Shen Yun crap every year.

    Deal?

    --
    Harrison's Postulate - "For every action there is an equal and opposite criticism"
  11. Re:Maybe the EFF can sue all open source projects by NotInHere · · Score: 1

    They probably like the json license. Its disliked in the whole free software and open source community, not even google likes it even though its infamous clause sounds so similar to their former motto.

  12. EFF not for Freedom any more? by Kohath · · Score: 1, Insightful

    Is it "freedom" to try to tell Cisco -- retroactively -- who they can and can't do business with? Shouldn't Cisco be free to sell electronic equipment to whomever will pay? Should Cisco be neutral and sell to everyone, or should Cisco discriminate? Why is this any of this the EFF's business at all?

    1. Re:EFF not for Freedom any more? by DigiShaman · · Score: 1

      IANAL. However, a corporation has been established have "personhood" status. So for anyone out, please answer the following question:

      If someone flies from the US to say, China, and is authorized to assassinate someone, can that individual be extradited and tried for murder in the US being they're a US citizen? The answer should pave way to how Cisco should be handled.

      --
      Life is not for the lazy.
    2. Re:EFF not for Freedom any more? by Kohath · · Score: 1

      More to the point, how would it be the EFF's concern either way?

    3. Re:EFF not for Freedom any more? by Agent0013 · · Score: 2

      When the company spends time customizing the software for the specific use knowing ahead of time that the use is a human rights abuse, then you can blame them. If it is out of the box software, then they would not be liable. It isn't that complicated.

      --

      -- ssoorrrryy,, dduupplleexx sswwiittcchh oonn.. -Quote found on actual fortune cookie.
    4. Re:EFF not for Freedom any more? by Anonymous Coward · · Score: 1

      Because a corporation has allegedly been complicit with a government in violating human rights related to electronic communications?

      The mandate of EFF is to deal with those situations.

    5. Re:EFF not for Freedom any more? by Anonymous Coward · · Score: 3, Informative

      O for crying out loud! This is NOT about 'doing business in or with China'. The suit is that Cisco ACTIVELY KNEW what their technology would be used for. My company does business in/with China, our product is used to save lives, it can be used to take them (in a very weird & wholly unsatisfactory way but it can be dangerous). Now I don't know for a fact this has or hasn't happened, but if someone in China came to us & asked us to sell our product to them specifically for the purposes of killing someone I'd damn well hope we'd say 'no' but if we didn't I'd damn well hope that whomever said 'yes' was tried, convicted & thrown in jail for murder.

      If someone comes & asks you for your car/gun/knife 'for the purpose of killing ' AND you give them that car/gun/knife then you are 'abetting in a criminal offence' & you should be tried as an accomplice. You can NOT argue that you were just loaning them an inanimate object & 'what they do with it is none of my business'. Knowledge of the motive & expected usage is the point here. Heck, I can make this even less obvious but no less implicating you. If you happen to overhear a friend of yours yelling at her husband (I mean like really screaming with threats etc.) & she says something like "I'm going to Kohath, ask him for his gun & come back here & shoot your sorry ass!"...than if 10 minutes later she tracks you down & asks for your gun AND you give it to her AND she does in fact go shoot her husband you are an accomplice to the shooting because 'you had reasonable knowledge to suspect she'd use if for an unlawful purpose'...of course PROVING you had that knowledge would be the hard part but no matter how hard it might be to prove it doesn't remove the fact that you knew the purpose for which she asked to borrow your gun.

    6. Re:EFF not for Freedom any more? by evolutionary · · Score: 1

      While your point is valid, truth be told, we've been "suspending" (I say cancelling) freedom for awhile now, and it's getting more extensive. New bills fining people for recording events on their cell phone to social media (I forget which state but it was posted yesterday), ability to do warrentless record searches/phone/email taps for any reason, hold people indefinitely (kidnapping them and taking them to a foreign country to "processing" (persuading, aka torture) for information. Companies possibly about to be told they have to create government back doors upon request and can be imprisoned if they say anything about it. Not being allowed to consult a lawyer when being "request" to create backdoors. When have we been promoting/practicing freedom? Not for at least 10-12 years, possibly longer in my observation. It would be interesting if we ever used these sweeping powers governments are seizing do so something actually moral for a change, but that never seems to happen. And are we safer from all these loss of civil rights, from what I see, the "attacks" have gotten worse not better. We've been telling people to give up freedoms and promising safety. And then saying we need more. At least the EFF is putting pressure on this. Oh, and the government DOES have restrictions on what you can sell to foreign powers (especially in encryption), just not on anything not affect government operations. (ethical or otherwise). Also, it can be argued that EFF is fighting for free of people in China to speak their minds. So which freedom is more precious...when in doubt, I go to that which has longer term good for the most people. Freedom to see to people who exercise in harmful behavior, I think trumps freedom of commerce. (and we apply this with weapons, technologies and so on). Just food for thought.

      --
      "Imagination is more important than knowledge" - Einstein
    7. Re:EFF not for Freedom any more? by Anonymous Coward · · Score: 0

      Is it "freedom" to try to tell Cisco

      cisco is not the entity whose "Freedom" is at issue here

    8. Re:EFF not for Freedom any more? by LWATCDR · · Score: 1

      It is simply an Ape owning a copyright to a selfie case.

      --
      See my blog http://ilovecookes.blogspot.com/ for light hearted technical information.
    9. Re:EFF not for Freedom any more? by bigpat · · Score: 1

      Is it "freedom" to try to tell Cisco -- retroactively -- who they can and can't do business with? Shouldn't Cisco be free to sell electronic equipment to whomever will pay? Should Cisco be neutral and sell to everyone, or should Cisco discriminate? Why is this any of this the EFF's business at all?

      I think it comes down to whether Cisco actually wrote code or built hardware specifically to target this group instead of just providing the tool to do so..

      If Cisco sold a foreign government this tool and helped them specifically target a particular group, say customized the software to include specific keywords that targeted that group, then sure they should be liable. That is like selling them a gun and helping them aim it at the target versus just selling the gun knowing it could be used that way.

    10. Re:EFF not for Freedom any more? by Kohath · · Score: 1

      But why is it the EFF's concern? Shouldn't the EFF be arguing against court actions that encumber data equipment sales?

      Are they for electronic freedom, or are they just another leftist grievance profiteer?

    11. Re:EFF not for Freedom any more? by Anonymous Coward · · Score: 0

      Regarding corporate person status.

      I'll bet that an actual person who did this would be liable for prosecution. As a corporate person they get a pass because "we have a policy to comply with local laws."

      Am I right or am I wrong?

    12. Re:EFF not for Freedom any more? by bigpat · · Score: 3, Insightful

      But why is it the EFF's concern? Shouldn't the EFF be arguing against court actions that encumber data equipment sales?

      Are they for electronic freedom, or are they just another leftist grievance profiteer?

      Filing Amicus briefs are what organizations like EFF, ACLU and NRA do in cases they want to support or oppose. In this case, I think it depends on the facts of the case which should come out in discovery. It could be that CISCO did in fact have people actually customizing code and hardware to specifically target these groups, in which case they crossed a line that should make them liable.

      EFF exists to promote freedom. If companies are actively engaged in suppressing free speech and harming people that are expressing themselves in ways that don't promote violence online then they damn well should be making those companies pay a high price for their unethical behavior. On the other hand if CISCO just provided some technology and it happened to be used for unethical purposes without their active participation then I agree that companies should be free to sell their technology without being liable for how others choose to use it. And EFF would be on the wrong side if they were claiming a broader form of liability. Like saying Ford should be liable if someone it sells a car to decides to mow down a bunch of pedestrians.

      The key is whether CISCO crossed a line and whether there is enough evidence that they did in order to trigger discovery which would force CISCO to provide relevant documents and witnesses. Without reading the case I think that is hard to say. But often these types of products come with support packages that could have involved specific customization.

    13. Re:EFF not for Freedom any more? by Anonymous Coward · · Score: 0

      Electronics don't have freedoms that need protecting, Nimrod. The EFF protects people. In this case they are protecting the freedom to not be tortured, which is kind of a big one.

    14. Re:EFF not for Freedom any more? by dbIII · · Score: 1

      Maybe so, but SuperMicro were seriously screwed over by the courts for selling to Iran because of the possible nuclear program uses of these servers despite them probably really ending up with the oil industry.
      Here it's not about "possible use", it's about "actual use".
      Should we discriminate against SuperMicro but give Cisco a free pass? There's no point getting warm and fluffy feelings about a company that screwed over it's founders and threw them out - treat them like a phone company, power utility, investment bank or whatever instead of thinking they are in some way connected to you or any sort of technology startup.

    15. Re:EFF not for Freedom any more? by Kohath · · Score: 1

      People who buy and sell electronics do.

    16. Re:EFF not for Freedom any more? by Kohath · · Score: 1

      If companies are actively engaged in suppressing free speech and harming people that are expressing themselves in ways that don't promote violence online then they damn well should be making those companies pay a high price for their unethical behavior.

      Using government courts to selectively enforce someone's personal code of ethics on others seems like the opposite of Freedom.

    17. Re:EFF not for Freedom any more? by bigpat · · Score: 1

      That isn't a personal code of ethics. That is about what we as a society have chosen the courts to do. If someone harms someone else, the courts are there to find equity.

    18. Re:EFF not for Freedom any more? by Kohath · · Score: 1

      Yes. But that's not "freedom", it's something else. Perhaps the EFF should rename itself to the Electronic Ethics Police if they're going to change roles to enforcing an ethical code on others using governments and courts.

    19. Re:EFF not for Freedom any more? by bigpat · · Score: 1

      Yes. But that's not "freedom", it's something else. Perhaps the EFF should rename itself to the Electronic Ethics Police if they're going to change roles to enforcing an ethical code on others using governments and courts.

      A company intimately collaborating with any government to suppress freedom of speech is very much a threat to Freedom and a worthwhile cause.

    20. Re:EFF not for Freedom any more? by bigpat · · Score: 1

      That "ethical code" they are seeking to enforce is called Liberty.

    21. Re:EFF not for Freedom any more? by SuiteSisterMary · · Score: 1

      Freedom of action is not freedom from consequence.

      Cisco can do business however it wishes, and with whomever. The EFF is free to publically proclaim that it disagrees with Cisco's choices, and to urge people to come to the same conclusion.

      Or, more bluntly, you're arguing that voting Democrat is taking away the Republican candidate's freedom to be elected.

      --
      Vintage computer games and RPG books available. Email me if you're interested.
    22. Re:EFF not for Freedom any more? by SuiteSisterMary · · Score: 1

      This was the argument used by the South against emancipation: "How dare the government deprive us of our freedom to deprive others of freedom."

      --
      Vintage computer games and RPG books available. Email me if you're interested.
    23. Re:EFF not for Freedom any more? by Kohath · · Score: 1

      It's also the argument used against the drug war. But that's enough ad hominems. I don't think punishing people is freedom.

    24. Re:EFF not for Freedom any more? by bigpat · · Score: 1

      It's also the argument used against the drug war. But that's enough ad hominems. I don't think punishing people is freedom.

      Punishing people isn't itself freedom, but punishing people that deprive other people of liberty is fundamentally essential to freedom.

    25. Re:EFF not for Freedom any more? by SuiteSisterMary · · Score: 1

      So how do you advocate dealing with people and/or organizations that break the social contract?

      A kills B else in a dispute over a piece of property. Which wins, A's 'freedom' to kill B? B's freedom to live reasonably secure from being killed?

      Say the property was to be sold to A by B at an agreed price. Both parties signed a contract. Both parties are satisfied that the property is exactly as represented. A just decides that he doesn't want to pay, and kills B. What do we do with A? Are you really going to deprive poor A of his freedom to renege on a contract, his freedom to kill people, his freedom to take property that doesn't belong to him?

      "I don't think punishing people is freedom." Well no, it isn't. But what you seem to be describing is anarchy.

      --
      Vintage computer games and RPG books available. Email me if you're interested.
  13. W admitted it in his book by Tablizer · · Score: 1, Flamebait

    W and Dick got off the hook. Why should elected officials have a different standard than CEOs?

    I was hoping Bernie S. would have the gonads to re-open those investigations.

  14. So.... by CaptnCrud · · Score: 2

    does that go for all the weapons sales too?

  15. Ridiculous by Anonymous Coward · · Score: 0

    The USA violates human rights, should companies be on the hook for that too if they sell any equipment to any U.S. government agencies.

    This is a sad example of people trying to selectively export their laws, values and culture and impose sanctions by the back door via retroactive punitive measures on a 3rd party. If this is how they choose to go about this there is no end to the jeopardy for companies merely trying to compete in the global market and ultimately it will hurt Californian companies and help foreign competition.

    EFF have completely lost the plot.

    1. Re:Ridiculous by HiThere · · Score: 1

      a) No, companies should not be off the hook for selling to the US government in violation of US law. Now show that that happened.

      b) The law that Cisco is charged with violating dates back to at least the early 1950's. And it is a specific US law, which doesn't apply to the US government (though it arguably should).

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
  16. Meanwhile, in other news by Bearhouse · · Score: 1

    World leaders continued to queue up to lead trade delegations to China to grab more business.
    Once there, they will make brief, carefully stage-managed comments about "human rights" before getting right back down to business.
    Back home, they might meet the Dali Lama in between negotiations about selling-off the latest piece of the nation's infrastructure.
    What a cynical pantomime.

    Meanwhile, our "friends" in China continue to prop-up the North Korean regime, and are so emboldened by Western inaction that they are now snatching dissidents off the street in Hong Kong and taking them to the mainland for *ahem* "questioning". So much for the "one country, two systems" promises.
    No wonder the Taiwanese just kicked-out the KMT (who lost power for the first time EVER) for being too pro-China and "reunification".
    The voters have seen the end of that film in Tibet and HK...

    Oh yeah, and financed by us shipping all our manufacturing base and jobs out there, they're now constructing their own aircraft carrier, that's in addition to building and fortifying artificial islands in the South China Sea. No red flags!

    So yes, let's continue to make a buck and help them out!

    1. Re:Meanwhile, in other news by Anonymous Coward · · Score: 0

      they're now constructing their own aircraft carrier

      Oh, noes.

      The US has more aircraft carriers than the rest of the world combined.

      Bit early to start with the spastic panic.

  17. What if the software and systems used were open so by mmiscool · · Score: 1

    What if the software and systems used were open source?

  18. History Repeats Itself by evolutionary · · Score: 1

    Most of us probably know that IBM sold computers to Nazi Germany which were used to help keep track of stuff in their concentration. IBM knew what was going on there as Cisco knew what it was doing here. All for a buck. Trouble is, it's hard to claim to be a country that stands behind human rights while at the same time helping people specifically violate those rights. Knowing China tortures people it doesn't like, it's clear social responsibility goes out the window when it comes to profit.Yahoo gave their search engine saying "it's the law in China" around 2004 leading to the torture of 2 reporters (if my memory is correct). At a Foreign Affairs committee they got blasted by the leader, Tom Lantos (rightfully so in my opinion). The problem is, when you do business with a country that is well known to act in was contrary to what we consider ethical/moral this is inevitable. So why do we still do it? Because convenience is more valuable to us than our sense of morality. People would scream about not having their "cheap Chinese underwear" if we stopped trading with them on moral grounds. (As if we'd ever entertain doing this). If people want this to change we have to vote with ourr minds, hearts and dollars. Something we all seem to forget as we say, "shame on you" and then buy our products from people we know do things we public denounce. Something to ponder on...

    --
    "Imagination is more important than knowledge" - Einstein
  19. IBM by sims+2 · · Score: 1

    If we're going to talk about massive electronics companies that have done things they shouldn't years ago why not hold IBM accountable too? Godwin's law would be disappointed if no one mentioned it.

    Personally I think expecting massive corps that operate exclusively for the short term benefit of their shareholders to not lie cheat and steal and otherwise act badly to increase short term profits is like expecting a politician to not be influenced by lobbying. (that's what we call legalized bribery here in the US).

    sirus xm merger

    alltel verizon merger

    att direct tv merger

    VW emissions cheating

    Apple price fixing, attacking realplayer with drm.

    Sony rootkits.

    Need I go on? They are quite happy to screw you over if it makes them an extra 10 cents at the end of the year.

    It's more of a systemic problem they are setup to work this way. As they are most often run by the numbers alone.

    --
    Minimum threshold fixed. Thanks!
  20. Precedent by ThatsNotPudding · · Score: 1

    I don't think IBM was ever punished for working with a certain Hollerith card customer of theirs in 1930s Germany.

    1. Re:Precedent by dbIII · · Score: 1

      Similarly with several US banks. There are hundreds of reasons why it took Pearl Harbour to change things which is why it's not worth blaming IBM and why they and so many others were never punished.

  21. But They Do Good Things Too! by Anonymous Coward · · Score: 0

    http://csr.cisco.com/casestudy/connecting-sichuan

  22. Time interview with Falun Gong founder Li Hongzhi by Anonymous+Psychopath · · Score: 2

    It's tangential to the core issue here, but interesting to read. Aliens and ghosts, claims of levitation and healing powers. http://content.time.com/time/w...

    --

    Eagles may soar, but weasels don't get sucked into jet engines.

  23. Publicize a list by myid · · Score: 1

    I hate it when companies say, "We like to think that our presence in China is helping to spread democracy there." Nope - not if the company is helping the Chinese government repress people.

    Many U.S. and European companies sell technology to regimes that violate human rights, and if this case goes to trial and Cisco loses, they may think twice, said EFF Staff Attorney Sophia Cope.

    I hope someone will compile a list of these companies and technologies, and and I hope this list is widely publicized. Boycotts and/or congressional actions against these sales might result from the list.

  24. Re:What if the software and systems used were open by Anonymous Coward · · Score: 0

    If someone aided the Chinese government in customizing the open source software with the specific intent to violate human rights in ways that are illegal in the US, then that person should face charges. If they produce generic software that is used by China for that purpose, that's fine. That seems to be a pretty clear distinction.

  25. Fa Lun Gong is nonsense by Anonymous Coward · · Score: 0

    Fa Lun Gong is even less legitimate of a "religion" than Scientology. It's a cult, pure and simple, that makes up these accusations on little to no grounds. It's hard to guess at how much of what they say is actually factual given that they're a cult and their take on things is not necessarily based in reality. They would have one believe that the Chinese government has a whole division set up to farm cultists for organs or something, whereas in reality it's probably more closer to the cultists who were sentenced to death for treason (large-scale incitement to overthrow the government, causing social disarray, etc.) had their organs harvested because why waste them. It's not that easy to be sentenced to death for treason in China despite what they'll have you believe, so this would by no means be an ordinary affair.

    It's hard to take them seriously since they are so detached from reality. It seems like mindless communist bashing is part of their "religious" belief system, and if one thinks about the logistics required to carry out what they claim is done one can see that it's all not very likely. Whatever legitimate complaints that they do have is distorted to the point that it is impossible to separate truth from fantasy.

    1. Re:Fa Lun Gong is nonsense by myid · · Score: 2

      Do you have any links to articles that claim that Falun Gong practitioners are trying to overthrow the government? According to Wikipedia, this group of people is persecuted

      due to its size, independence from the state, and spiritual teachings. ... Tensions culminated in April 1999, when over 10,000 Falun Gong practitioners gathered peacefully near the central government compound in Beijing to request legal recognition and freedom from state interference. This demonstration is widely seen as catalyzing the persecution that followed.

      The article claims that thousands have died in custody.

      If that's true, then I don't care if their beliefs are religious, secular or a cult. I don't care if the beliefs are true or total nonsense. The Chinese government has no right to imprison, torture and kill them. Just leave them alone.

    2. Re:Fa Lun Gong is nonsense by LifesABeach · · Score: 1

      And who's going to stop them? Try joining Falun Gong and move to china.

    3. Re:Fa Lun Gong is nonsense by LifesABeach · · Score: 1

      Poor A/C from China, do you want some cheese with that wine?

  26. Cisco have a track record by dbIII · · Score: 1

    Cisco have a track record. This is not the first situation like this.
    A classic example is sending security guards in to drag a guy out of a courtroom in Seattle while the hearing was in session - how's that for contempt for people and the laws that are supposed to protect them?

  27. So... by Anonymous Coward · · Score: 0

    Everybody knows how China treats their citizens. Which giant American company does NOT do business with them?