Huawei is reportedly suing the United States government for singling out the Chinese company and for damaging its reputation, unconstitutionally, without giving any proof that the phone maker constitutes a threat as claimed by Congress. Concerning the accusation of Huawei being a security threat, the maker also claims that America isn’t allowing it to go through due process to come up with a resolution.
Huawei states the United States is targeting and meting out punishment, unjustifiably, on it without giving it any chance to argue its case in court, and this American action is “damaging its reputation.”
Weak Cyber Security
China’s Huawei describes US companies as having inefficient “cybersecurity hygiene”, citing the data breach that took place over the last few years, like Equifax, as cases that were all unrelated to Huawei.
Huawei says the United States statute, which blocks Huawei equipment from designing 5G networks, is unhealthy for competition and is hurting the economy, adding that its 5G technology is head and shoulders above that of its peers. Technology developed to ensure the advancement of the world shouldn’t be within any boundaries, Huawei avers.
Official press release from Huawei reads:
“Today, Huawei announced that it has filed a complaint in a U.S. federal court that challenges the constitutionality of Section 889 of the 2019 National Defense Authorization Act (NDAA). Through this action, Huawei seeks a declaratory judgment that the restrictions targeting Huawei are unconstitutional, and a permanent injunction against these restrictions.
“The U.S. Congress has repeatedly failed to produce any evidence to support its restrictions on Huawei products. We are compelled to take this legal action as a proper and last resort,” Guo Ping, Huawei Rotating Chairman said. “This ban not only is unlawful, but also restricts Huawei from engaging in fair competition, ultimately harming U.S. consumers. We look forward to the court’s verdict, and trust that it will benefit both Huawei and the American people.”
The lawsuit was filed in a U.S. District Court in Plano, Texas. According to the complaint, Section 889 of the 2019 NDAA not only bars all U.S. Government agencies from buying Huawei equipment and services, but also bars them from contracting with or awarding grants or loans to third parties who buy Huawei equipment or services, without any executive or judicial process. This violates the Bill of Attainder Clause and the Due Process Clause. It also violates the Separation-of-Powers principles enshrined in the U.S. Constitution, because Congress is both making the law, and attempting to adjudicate and execute it.
Song Liuping, Huawei’s Chief Legal Officer, stressed, “Section 889 is based on numerous false, unproven, and untested propositions. Contrary to the statute’s premise, Huawei is not owned, controlled, or influenced by the Chinese government. Moreover, Huawei has an excellent security record and program. No contrary evidence has been offered.”
“At Huawei we are proud that we are the most open, transparent, and scrutinized company in the world,” said John Suffolk, Huawei’s Global Cyber Security & Privacy Officer. “Huawei’s approach to security by design development and deployment sets a high standards bar that few can match.”
From Huawei’s perspective, the NDAA restrictions prevent the company from providing more advanced 5G technologies to U.S. consumers, which will delay the commercial application of 5G, in turn, impeding efforts to improve the performance of 5G networks in the U.S. Beyond this, network users in rural and remote regions of the U.S. will be forced to choose between government funding and high-quality, cost-effective products. This will impede the network upgrade process, thus widening the digital divide. Even worse, the restrictions on Huawei will stifle competition, leaving U.S. consumers paying higher prices for inferior products.
Estimates from industry sources show that allowing Huawei to compete would reduce the cost of wireless infrastructure by between 15% and 40%. This would save North America at least US$20 billion over the next four years.
Guo Ping added, “If this law is set aside, as it should be, Huawei can bring more advanced technologies to the United States and help it build the best 5G networks. Huawei is willing to address the U.S. Government’s security concerns. Lifting the NDAA ban will give the U.S. Government the flexibility it needs to work with Huawei and solve real security issues.”
Huawei Has China’s Backing
Expectedly, China has backed the lawsuit against the US government filed by Huawei, saying the world’s second-largest maker of smartphones has every right to defend itself from being “victimized like silent lambs.”
“China has and will continue to take all necessary measures to resolutely protect the legitimate and lawful interests of Chinese businesses and citizens,” Wang Yi, China’s top diplomat, weighs in on the raging legal battle.
Wang’s commentary came in as the latest in a litany of arguments from either Huawei or the leadership of China, centered on the accusation that the United States is launching a pre-meditated attack on the technology firm.