U.S. technology companies doing business abroad are discovering a new risk under a very old statute. Foreign plaintiffs have begun bringing lawsuits in U.S. courts under the Alien Tort Statute (ATS), alleging that technology companies and their executives are violating international law by facilitating human rights abuses through the use of their products and should be held accountable here.
The ATS, enacted in 1789 to provide a weapon against piracy and affronts to U.S. diplomats abroad, has enjoyed a renaissance over the past 30 years as U.S. companies have expanded their global operations. Technology companies appear to be the target du jour. Recent cases present chilling tales of human rights violations by foreign governments, with U.S. companies and their executives alleged to be facilitators, through their products, of the illegal acts.
