Huawei sues USA as 'last resort' to fight government ban

Ann Santiago
March 8, 2019

Andy Purdy, the chief security officer for Huawei's USA business, defended the company in an interview with Cheddar in January, saying that "no government has ever asked us to spy" and calling the accusations part of a "drumbeat of anti-Huawei criticism".

A receptionist stands at the front counter of the Huawei's Cyber Security Lab at the Huawei factory in Dongguan, China's Guangdong province, Wednesday, March 6, 2019. Huawei says the law punishes the company for unproven accusations, and would harm its future earnings.

Huawei argues that the restrictions enforced by the NDAA are stopping it from sharing its knowledge and providing advanced 5G technologies to U.S. consumers.

The firm claims the restrictions targeting Huawei are "unconstitutional".

Washington has pressured other countries to limit use of its technology, warning they could be opening themselves up to surveillance and theft of information. Ltd. on March 7 confirmed it is suing the USA government over a section of a defense bill passed into law previous year that restricts its access to the United States.

A Chinese court also sentenced a Canadian to death in a sudden retrial, overturning a 15-year prison term handed down earlier.

Section 889 bans federal agencies and their contractors from purchasing equipment and services from Huawei as well as another Chinese telecom company ZTE.

He cited "harmful organisms" that he did not identify further, and said China's government "needs to protect the health and safety of its own people". The complaint landed days after finance chief Meng Wanzhou sued Canada's government for allegedly trampling her constitutional rights during her December arrest - an effort to discredit the case against her as she awaits potential extradition to the USA for bank fraud.

"The U.S. Congress has failed to produce any evidence to support its restrictions on Huawei products".

U.S. President Donald Trump, as recently as last month, was mulling a ban for Huawei by executive order, saying he wants competition with China. The company also said that by singling out Huawei for punishment, the law violating a rarely invoked section of the constitution against 'bills of attainder, ' meaning legislative acts that declare individuals or groups guilty of a crime without judicial proceedings.

"The U.S. Government is sparing no effort to smear the company and mislead the public", said Guo in a news briefing at Huawei's headquarters in southern China.

Huawei has offered to work with the U.S. government to address security concerns, but it appears that these offers in the past have been ignored, implicitly for political reasons rather than any basis in fact. Canada and the United Kingdom, both of which host facilities that test Huawei equipment for security flaws, are reviewing the use of Huawei in 5G networks. Huawei is willing to address the U.S. Government's security concerns. But it sells very little in the United States after Congress said the company was a security risk in 2012.

Huawei has about 40 percent of the global market for network gear but its US sales evaporated after a congressional panel in 2012 cited the company and a Chinese competitor, ZTE Corp., as security risks and told phone carriers to avoid dealing with them.

But the Huawei prosecutions aren't likely to get sidetracked, US legal experts say. Section 889 infringes upon our rights and harms US consumers.

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