Huawei files new motion in its lawsuit against 'unconstitutional' US ban

[midian182]

What just happened? Huawei’s battle with Donald Trump’s administration isn’t abating. As well as dealing with its recent addition to the Entity List, which bans American organizations from doing business with the Chinese firm, the company has filed a motion for a summary judgment against the US government as it looks to declare part of the 2019 National Defense Authorization Act (NDAA) unconstitutional.

Back in August last year, President Trump signed the 2019 National Defense Authorization Act (NDAA), which bans US government agencies and contractors from using certain tech from ZTE, Huawei, and other Chinese firms over security concerns.

Responding to the ban, Huawei filed a lawsuit against the US government in March. It alleged that section 889 of the Act is unconstitutional as it specifically targets a person or group without a fair trial. Huawei hopes a summary judgement will speed up the process of stopping “illegal action against the company.”

“The US 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,” said Guo Ping, Huawei’s rotating chairman.

Huawei says the Act disrupts existing contracts, stigmatizes the company and its employees as “tools” of the Chinese government, and threatens its ability to do business in the U.S.

“They are using every tool they have, including legislative, administrative, and diplomatic channels. They want to put us out of business. This is not normal. Almost never seen in history,” said Huawei’s chief legal officer, Song Liuping, in a press conference in Shenzhen. “The fact is, the US government has provided no evidence to show that Huawei is a security threat. There is no gun, no smoke. Only speculation.”

“The judicial system is the last line of defense for justice. Huawei has confidence in the independence and integrity of the US judicial system. We hope that mistakes in the NDAA can be corrected by the court,” Song added.

Huawei’s recent inclusion on an Entity List that prevents it from doing business with US companies without a license could spell disaster. Google, Microsoft, Qualcomm, Intel, Broadcom, the Wi-Fi Alliance, and others have been cutting ties with the firm in the wake of the decision.

“This sets a dangerous precedent. Today it’s telecoms and Huawei. Tomorrow it could be your industry, your company, your consumers,” said Song.

Huawei claims blacklisting the firm will harm 1,200 US companies and could put tens of thousands of Americans out of a job.

Permalink to story.

https://www.techspot.com/news/80275-huawei-files-motion-lawsuit-against-unconstitutional-us-ban.html

 

[trparky]

Go ahead, I don't care. As long as they exist in China as a registered business they are an arm of a dictatorship, specifically the Communist Party of China, they are a privacy risk that makes Facebook and Google look like amateurs. You can't even take a piss in China without someone inside the government knowing that you did. Do we really want that kind of company building network infrastructure in the US? Nope, nope, nope.

 

[Burty117]

Go ahead, I don't care. As long as they exist in China as a registered business they are an arm of a dictatorship, specifically the Communist Party of China, they are a privacy risk that makes Facebook and Google look like amateurs. You can't even take a piss in China without someone inside the government knowing that you did. Do we really want that kind of company building network infrastructure in the US? Nope, nope, nope.

Under that ideology, the rest of the world shouldn't trust American Companies either? Specially after all the NSA leaks?

I don't mind Huawei getting banned if there is evidence to suggest they do spy for the Chinese government. As far as I'm aware though, there is no evidence that's been released at all. They need us more than we need them, so why would they break that trust?

 

[Fearghast]

Good luck Huawei, you will need it when dealing with idi*ts and USA legislation.
I can only imagine how Huawei employees feel when they are marked as spies (or people living in China in general) and on the other hand USA citizens being called all kind of rude words because they live in a country where legislation makers act the way they did.
Even as no Huawei device owner, not USA or China citizen I find this situation pretty damn stupid and rude.

But it sure makes a lot of room for people that do not understand even the basic of technology to hijack news with "truth" and speculations.

 

[TomSEA]

Go ahead, I don't care. As long as they exist in China as a registered business they are an arm of a dictatorship, specifically the Communist Party of China, they are a privacy risk that makes Facebook and Google look like amateurs. You can't even take a piss in China without someone inside the government knowing that you did. Do we really want that kind of company building network infrastructure in the US? Nope, nope, nope.

Under that ideology, the rest of the world shouldn't trust American Companies either? Specially after all the NSA leaks?

I don't mind Huawei getting banned if there is evidence to suggest they do spy for the Chinese government. As far as I'm aware though, there is no evidence that's been released at all. They need us more than we need them, so why would they break that trust?

There's a lot more involved than just spying. Violating sanctions against Iran for one is a biggee. Here's a good article outlining Huawei's supposed transgressions:

https://www.theguardian.com/technology/2019/jan/29/huawei-criminal-indictments-us-china

 

[trparky]

I don't mind Huawei getting banned if there is evidence to suggest they do spy for the Chinese government. As far as I'm aware though, there is no evidence that's been released at all. They need us more than we need them, so why would they break that trust?

The fact that every company that does business in China has a political officer inside planted by the Chinese government should scare you. It's either do what the government tells you to do or off you go for some good old fashioned "reeducation".

Under that ideology, the rest of the world shouldn't trust American Companies either? Specially after all the NSA leaks?

I'm not saying that the hands of the United States are clean, however there's a big difference between the United States and China where they force your company to have a political officer in your ranks. This is straight up 1984 stuff right here.

 

[dangh]

There's a lot more involved than just spying. Violating sanctions against Iran for one is a biggee.

After nuclear deal with Iran only US decided to withdraw and restore those sanctions. No other countries followed, so China did not violate any sanctions as they following the agreement, as the rest of sane word including EU. So bashing company from other country for violating a sanctions any other country do not put in place is kinda crazy.

https://www.france24.com/en/20190201-europe-eu-sets-iran-trade-mechanism-bypass-usa-sanctions-instex

 

[seeprime]

Go ahead, I don't care. As long as they exist in China as a registered business they are an arm of a dictatorship, specifically the Communist Party of China, they are a privacy risk that makes Facebook and Google look like amateurs. You can't even take a piss in China without someone inside the government knowing that you did. Do we really want that kind of company building network infrastructure in the US? Nope, nope, nope.

Under that ideology, the rest of the world shouldn't trust American Companies either? Specially after all the NSA leaks?

I don't mind Huawei getting banned if there is evidence to suggest they do spy for the Chinese government. As far as I'm aware though, there is no evidence that's been released at all. They need us more than we need them, so why would they break that trust?

Huawei has been caught stealing technology and faking simple benchmark results. This is just on the low end of what they've done. A few searches will bring up plenty of information for you to read. They double down on their cheating. Huawei comes across as a mafia run business, except they're financed by the Chinese government.

 

[TomSEA]

There's a lot more involved than just spying. Violating sanctions against Iran for one is a biggee.

After nuclear deal with Iran only US decided to withdraw and restore those sanctions. No other countries followed, so China did not violate any sanctions as they following the agreement, as the rest of sane word including EU. So bashing company from other country for violating a sanctions any other country do not put in place is kinda crazy.

https://www.france24.com/en/20190201-europe-eu-sets-iran-trade-mechanism-bypass-usa-sanctions-instex

Sanctions against Iran don't just involve the nuclear deal. Iran has been a heavy propagator of their political Islamic Republic ideology throughout the Middle East, especially in Syria and Iraq. And anyone who thinks China plays nice and isn't culpable of insane amounts of western corporate espionage simply hasn't been paying attention.

 

[Burty117]

There's a lot more involved than just spying. Violating sanctions against Iran for one is a biggee. Here's a good article outlining Huawei's supposed transgressions:

https://www.theguardian.com/technology/2019/jan/29/huawei-criminal-indictments-us-china

Ah, I see, it's a few things the US are annoyed with. Love the fact its repeated in many articles across the Internet about them being a cyber security risk when that's something they have no proof of. But stuff where there's proof barely gets any light in the media. Looks like this is mainly over Iran though, since most of the provable accusations all tie in to how Huawei sold US goods to Iran.

 

[dangh]

And anyone who thinks China plays nice and isn't culpable of insane amounts of western corporate espionage simply hasn't been paying attention.

Apparently EU do not pay attention, and if not for US everyone in middle east would be hardcore islamist...
oh, wait, US created them

No worries, one more year to endure.

 

[TomSEA]

There's a lot more involved than just spying. Violating sanctions against Iran for one is a biggee. Here's a good article outlining Huawei's supposed transgressions:

https://www.theguardian.com/technology/2019/jan/29/huawei-criminal-indictments-us-china

Ah, I see, it's a few things the US are annoyed with. Love the fact its repeated in many articles across the Internet about them being a cyber security risk when that's something they have no proof of. But stuff where there's proof barely gets any light in the media. Looks like this is mainly over Iran though, since most of the provable accusations all tie in to how Huawei sold US goods to Iran.

Hmmm...I'd categorize these as a little more than "annoyance."

Conspiracy to violate the International Emergency Economic Powers Act
Money-laundering conspiracy
Conspiracy to defraud the US
Conspiracy to commit bank fraud
Conspiracy to commit wire fraud
Theft of trade secrets conspiracy
Attempted theft of trade secrets
Obstruction of justice

These are all indictments, meaning someone is confident enough with their evidence to place these charges.

 

[Capaill]

There's a lot more involved than just spying. Violating sanctions against Iran for one is a biggee. Here's a good article outlining Huawei's supposed transgressions:

https://www.theguardian.com/technology/2019/jan/29/huawei-criminal-indictments-us-china

Ah, I see, it's a few things the US are annoyed with. Love the fact its repeated in many articles across the Internet about them being a cyber security risk when that's something they have no proof of. But stuff where there's proof barely gets any light in the media. Looks like this is mainly over Iran though, since most of the provable accusations all tie in to how Huawei sold US goods to Iran.

There are a few articles online suggesting the ban is a move by the US to cripple China's implementation of 5G, which Huawei is ready to roll out. That seems a more likely reason for the ban than anything going on in Iran. It's still a good move by the US in terms of security but the rest of the world won't like the principle of the US government taking down a major foreign company just because it's threatening American interests.

In the short term, I think nothing will stop it as many countries fear what the Chinese are up to. But in the long term, America better catch up quick or it will be isolated as other countries out-develop it.

 

[wizardB]

There's a lot more involved than just spying. Violating sanctions against Iran for one is a biggee. Here's a good article outlining Huawei's supposed transgressions:

https://www.theguardian.com/technology/2019/jan/29/huawei-criminal-indictments-us-china

Ah, I see, it's a few things the US are annoyed with. Love the fact it's repeated in many articles across the Internet about them being a cybersecurity risk when that's something they have no proof of. But stuff where there's proof barely gets any light in the media. Looks like this is mainly over Iran though, since most of the provable accusations all tie into how Huawei sold US goods to Iran.

It's really quite simple the Chinese are Barbarians and should not be traded with at all until they treat their people better than chattel. Any kind of sanction that any country in the world decides to raise against China is perfectly fine until they decide to become civilized and join the free world people should not be treated as slaves and children should have childhoods not work as slaves.

 

[trparky]

It's really quite simple the Chinese are Barbarians and should not be traded with at all until they treat their people better than chattel. Any kind of sanction that any country in the world decides to raise against China is perfectly fine until they decide to become civilized and join the free world people should not be treated as slaves and children should have childhoods not work as slaves.

Yep, China is pretty much a prison country.

 

[Knot Schure]

Go ahead, I don't care. As long as they exist in China as a registered business they are an arm of a dictatorship, specifically the Communist Party of China, they are a privacy risk that makes Facebook and Google look like amateurs. You can't even take a piss in China without someone inside the government knowing that you did. Do we really want that kind of company building network infrastructure in the US? Nope, nope, nope.

Under that ideology, the rest of the world shouldn't trust American Companies either? Specially after all the NSA leaks?

I don't mind Huawei getting banned if there is evidence to suggest they do spy for the Chinese government. As far as I'm aware though, there is no evidence that's been released at all. They need us more than we need them, so why would they break that trust?

The Chinese hacking activities were chased down to three routers in Shantou, LOOOOONG before the NSA were up to their illegal activites.

 

[Knot Schure]

There's a lot more involved than just spying. Violating sanctions against Iran for one is a biggee.

After nuclear deal with Iran only US decided to withdraw and restore those sanctions. No other countries followed, so China did not violate any sanctions as they following the agreement, as the rest of sane word including EU. So bashing company from other country for violating a sanctions any other country do not put in place is kinda crazy.

https://www.france24.com/en/20190201-europe-eu-sets-iran-trade-mechanism-bypass-usa-sanctions-instex

Sanctions against Iran don't just involve the nuclear deal. Iran has been a heavy propagator of their political Islamic Republic ideology throughout the Middle East, especially in Syria and Iraq. And anyone who thinks China plays nice and isn't culpable of insane amounts of western corporate espionage simply hasn't been paying attention.

I heard one top US military chief say, "there are two kinds of companies here in the USA, those that have been hacked by China, and those that don't know they have been hacked by China."

And I wholeheartedly believe him.

 

[Knot Schure]

There's a lot more involved than just spying. Violating sanctions against Iran for one is a biggee. Here's a good article outlining Huawei's supposed transgressions:

https://www.theguardian.com/technology/2019/jan/29/huawei-criminal-indictments-us-china

Ah, I see, it's a few things the US are annoyed with. Love the fact its repeated in many articles across the Internet about them being a cyber security risk when that's something they have no proof of. But stuff where there's proof barely gets any light in the media. Looks like this is mainly over Iran though, since most of the provable accusations all tie in to how Huawei sold US goods to Iran.

China would LOVE to expose who let their shady secrets out, and this is all I see by this motion of theirs.

 

[IAMTHESTIG]

Unconstitutional? Really? That doesn't even make sense... The US can choose to allow or not allow foreign businesses to operate in their country; it is there prerogative. There's hundreds of thousands of other businesses in China most likely that are not banned, so obviously this ONE company is doing something that bothers the US to justify banning them.

Now if the US banned a specific US company from doing business without legal reasons then THAT might be unconstitutional; but this is a foreign company - don't even need a reason. The US constitution only protects US citizens, not foreign citizens in another country.

 

[wizardB]

China would LOVE to expose who let their shady secrets out, and this is all I see by this motion of theirs.

You really are starting to sound like you work for a chinese company trying to deflect the fact that the Barbarians in China are not fit to trade with for any reason. They are a bunch of uncivilized dirtbags and until they clean up their act no one in the civilized world should trade with them.

 

[Uncle Al]

I find it completely laughable that a company from China would charge anyone or any country with unconstitutional behavior, in fact I'll bet there are laws in china that ban the use of that word ..... LOL

 

[netman]

I hope they win the case...However, even winning the case doesn't mean all the bans will be lifted because of US hegemony in the world. US tech community follows the government like sheep herding!

 

[psycros]

Funny how the media always fails to mention that all the US is doing is finally treating China the same way that China treats western nations. Trump was very specific when he said the US would implement "reciprocal" tariffs and bans. China doesn't use ANY foreign equipment for its critical infrastructure..in fact they went so far as to buy up US factories that build things like huge electrical transformers and ship all the machinery back home. If you want replacement parts to fix the power grid you have to get a lot of it from China now. Why should America continue to tolerate one-sided trade, IP theft and massive, state-sponsored hacking? For the sake of cheaper consumer goods? Yeah, that's worked out so well as all the blue collar jobs have been sent to Mexico and China. Our economy is circling the drain and high school kids today think money for life's fundamentals only comes from a government check. Over a third of them have never lived in a home where someone actually has a job. Screw China and screw Wall Street - neither are friends of the American people or the American Dream. We desperately need a new generation of patriotic entrepreneurs who will demand fair trade and put Americans back to work. The situation right now is totally unsustainable.

 

[Goamist]

Now if the US banned a specific US company from doing business without legal reasons then THAT might be unconstitutional; but this is a foreign company - don't even need a reason. The US constitution only protects US citizens, not foreign citizens in another country.

So accusing a foreigner without the need to produce indisputable proof is fair game now? How is this different from dictatorship?
The thing that many fail to see is the fact that Trump gives his country exactly what the Roman emperors were giving to the masses: panem et circem. Well, mostly circem. By clearly naming an enemy from outside, he shifts the public's attention from the internal problems. And it's not even that hard, really - the American nation always felt like it needed to prove itself in its own eyes, regardless of the cost. Too bad that now it may drag other nations with them.

 

[emmzo]

All`s fair in war. Losing any edge of technological supremacy (especially 5G communication) could doom America, so it`s not even about Trump, any POTUS would have done the same.