Huawei sues U.S. government over equipment ban

A lawsuit filed a federal court in Texas challenges a law that severely limits access to US market

The US Government has never provided evidence to support accusations that Huawei poses a security threat, Ping said.
The US Government has never provided evidence to support accusations that Huawei poses a security threat, Ping said.

Huawei wants a US federal court to declare a law that bars it from participating in the US telecoms market as unconstitutional.  

In a lawsuit filed a federal court in Texas, Huawei is challenging Section 889 of the National Defence Authorisation Act (NDAA), signed into law by U.S. President Donald Trump in August, which bars federal agencies and their contractors from procuring its equipment and services over cybersecurity fears, Reuters has reported.

In its lawsuit, Huawei argues that the section in question is illegal because it could sharply limit the company’s ability to do business in the United States despite no proof of wrongdoing.

The lawsuit also alleges that Huawei has been denied due process and that Congress, by stripping Huawei of commercial opportunities, has violated the “separation of powers” portion of the constitution by doing the work of the courts.

Huawei has maintained its equipment and services are subject to rigorous security measures, and provides no backdoors, implants, or other intentional security vulnerabilities.

In a press briefing this morning, Huawei rotating Chairman Guo Ping said the US ban harms both Huawei and American consumers.

“The US Government has never provided evidence to support accusations that Huawei poses a security threat,” Ping added.

Huawei is the world’s biggest telecoms gear maker and is seeking to be at the forefront of the global roll-out of 5G networks and services.

Legal experts, however, told Reuters Huawei’s lawsuit has little chance of success because U.S. courts are generally reluctant to interfere in national security determinations by other branches of government.

The lawsuit is the latest salvo in an escalating dispute between the United States Government on one hand and Huawei and China on the other.

Meng Wanzhou, Huawei’s CFO and founder Ren Zhengfei daughter was arrested in Canada late last year on suspicion of abetting the breach of US trade sanctions. She faces extradition to the US.

The US Government and China are also in the midst of tenuous trade negotiations meant to stem an all-out trade war between the world’s two largest economies.

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