Huawei files motion to toss ban on US government purchases
Huawei on Tuesday night petitioned for summary judgment in a lawsuit against the 2019 National Defense Authorization Act, which blocked U.S. government agencies from buying its products.
Hearings on motions by both sides will only take place in September, Reuters reported. Huawei claims that the 2019 NDAA is unconstitutional, but it likely faces a difficult battle, as American courts are normally reticent about challenging national security orders.
The government purchase ban on Huawei took effect in August 2018, likewise impacting fellow Chinese technology giant ZTE.
Huawei's greater problem is the twin bans the Trump administration added earlier this month. The first -- an executive order by President Trump -- invoked the International Emergency Economic Powers Act, barring U.S. corporations from buying telecoms equipment from firms considered a national security risk, Huawei among them.
The second was Huawei's addition to a Commerce Department "Entity List," blocking it from acquiring tech from U.S. businesses. The company has been ejected from JEDEC, the Wi-Fi Alliance, and the SD Association, and faces losing vital American partners such as ARM, Google, Intel, Broadcom, Qualcomm, and others. It's currently operating under a temporary reprieve.
A review is underway to figure out ways of fighting the newer bans, Huawei's chief legal officer Song Liuping said on Wednesday. The White House is using laws to punish a single company, which "sets a very dangerous precedent," Song argued.
"Today it is telecom and Huawei, tomorrow it could be your company, your industry, your customers," the executive told a Shenzhen press conference.
The Trump administration claims that Huawei has ties with the Chinese government, posing the threat of backdoors into U.S. networks given regular hacking by state-sponsored actors. It has also leveled criminal accusations such as bank fraud and violating sanctions on Iran.
Hearings on motions by both sides will only take place in September, Reuters reported. Huawei claims that the 2019 NDAA is unconstitutional, but it likely faces a difficult battle, as American courts are normally reticent about challenging national security orders.
The government purchase ban on Huawei took effect in August 2018, likewise impacting fellow Chinese technology giant ZTE.
Huawei's greater problem is the twin bans the Trump administration added earlier this month. The first -- an executive order by President Trump -- invoked the International Emergency Economic Powers Act, barring U.S. corporations from buying telecoms equipment from firms considered a national security risk, Huawei among them.
The second was Huawei's addition to a Commerce Department "Entity List," blocking it from acquiring tech from U.S. businesses. The company has been ejected from JEDEC, the Wi-Fi Alliance, and the SD Association, and faces losing vital American partners such as ARM, Google, Intel, Broadcom, Qualcomm, and others. It's currently operating under a temporary reprieve.
A review is underway to figure out ways of fighting the newer bans, Huawei's chief legal officer Song Liuping said on Wednesday. The White House is using laws to punish a single company, which "sets a very dangerous precedent," Song argued.
"Today it is telecom and Huawei, tomorrow it could be your company, your industry, your customers," the executive told a Shenzhen press conference.
The Trump administration claims that Huawei has ties with the Chinese government, posing the threat of backdoors into U.S. networks given regular hacking by state-sponsored actors. It has also leveled criminal accusations such as bank fraud and violating sanctions on Iran.
Comments
Its probable Huawei has stolen tech but that’s not the “security” issue being raised here. Proof is needed not anecdote.
On a related note it may be time for Congress to revisit that huge “national security threat” free pass they’ve given the office of the President. Arbitrary actions simply by declaring “security” with zero proof required is crazy. Opens the door way too wide for excessive executive action. Article One is ONE for a reason.
https://www.bloomberg.com/news/features/2018-10-04/the-big-hack-how-china-used-a-tiny-chip-to-infiltrate-america-s-top-companies
But I continue to be amazed that so many commenters here actively support and defend the Chinese totalitarian communist regime in this. I guess hatred of America and the Western democracies trumps whatever the Chinese government and its corporate actors (Huawei) do. They’d rather buy a Huawei phone than an iPhone any day.
Oh, and as for anecdotes that hasn’t stopped the usual crowd here of pinning everything on Apple using only anecdotal reports. So why not Huawei?
This place has a bad smell these days.
But I always wonder what the reaction by the general public and media would be to this ban if it happened during the Obama administration. Anything Trump does is automatically the wrong decision, regardless of the actual outcome or result. It’s quite tiring for someone who normally sits on the middle of the fence and can see the pros and cons of both sides of the political aisle.
To all the Huawei bots here: please at least stop lying about Huawei’s theft of IP. Your boss admitted to theft on US television.
Obama never did anything because he was China's lap dog. He sat around doing nothing while China was illegally militarizing the south Pacific islands. Obama (and other presidents) did nothing while China and its tech companies ripped off American IP and technology, displayed blatant disregard to WTO rules, and dumped its cheap garbage on us (while we lapped it up) at below cost to put American business out of play. I'm not a Trump fan, but I am happy that someone - ANYONE - is finally taking a stand to China. It's LONG overdue.
"The Trump administration has moved to punish Huawei on national security grounds amid a bitter trade dispute with China. But in Europe, the world’s largest telecommunications equipment maker has received a different reception.
Last month, the Netherlands’ leading wireless carrier chose Huawei to provide equipment for its next-generation 5G wireless network. The carrier, KPN, insisted the choice was based on quality. But Huawei had another advantage: price.
Huawei underbid the existing vendor, Swedish firm Ericsson, by 60 percent, according to two industry officials who spoke on the condition of anonymity to discuss a sensitive matter — offering a price that wouldn’t even cover the cost of parts.
The company can afford to provide such steep discounts in part because it has a silent partner: the Chinese government. Huawei gets hundreds of millions of dollars in annual subsidies and, together with another Chinese firm, is guaranteed a majority share of the domestic market, the world’s largest."
I"m certainly no fan of Trump either, but, yeah, enough with coddling China.
Finally, the skeptics of these bans don’t seem to understand this isn’t necessarily about security risks right now (spyware, spying hardware) or “stolen” technology. This is about Huawei being a major player in 5G, one that could end up with a strong hardware footprint in our markets. The problem with that is the relationship between the communist Chinese government and their corporations. You could end up with an oppressive, somewhat aggressive and expansionist regime basically controlling a big portion of the Internet and dominating next gen wireless. Believe me even I tell you...we don’t want that.
I feel badly for Huawei’s owner’s daughter who’s awaiting extradition. The courts are not going take kindly to her, and neither Congress nor the Executive will have any incentive to ask for mitigation. It occurs to me that someone may be about to lose their bluster very soon, and acquiesce to US demands.
iKnockoff users are now hoping for the downfall of America in hopes it will hurt Apple.
lol