The Chinese electronics behemoth Huawei is suing the United States, arguing that a ban against government employees from owning its products is unconstitutional.
In the complaint filed Wednesday, Huawei claims the government has failed to provide evidence that its products pose a security risk, the reason the government banned its products in May.
“The U.S. Congress has repeatedly failed to produce any evidence to support its restrictions on Huawei products,” Guo Ping, Huawei rotating chairman, said in a statement announcing the lawsuit. “We are compelled to take this legal action as a proper and last resort.”
The ban is not only unlawful, he said, but restricts the company from participating in a fair marketplace to the detriment of U.S. consumers.
In the lawsuit, filed with a U.S. District Court in Plano, Texas, where the company’s U.S. headquarters is located, it says Section 889 of the 2019 National Defense Authorization Act not only bans government employees from using the company’s products but bans government agencies from contracting or awarding grants and loans to third parties that use Huawei products and services.
“Section 889 is based on numerous false, unproven, and untested propositions,” Song Liuping, Huawei’s chief legal officer, said in a statement. “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.”
The ban stems from concern over Huawei’s ties to the Chinese government and fears that its products could be used to spy on Americans and the American government.
In February 2018, U.S. intelligence officials advised Americans not to use cellphones by Huawei and ZTE, another Chinese company.
Sen. Tom Cotton, R-Ark., went so far as to call Huawei an arm of the Chinese government.
“Huawei is effectively an arm of the Chinese government, and it’s more than capable of stealing information from U.S. officials by hacking its devices,” Cotton said.
Huawei has repeatedly tried to dismiss this issue, including late last month when Guo said, “What we promise is we don’t do anything bad – we don’t do bad things.”
On top of that, the United States filed criminal charges against Huawei’s CFO Meng Wanzhou on fraud and sanction violations.
Meng, who was arrested in Canada late last year, filed a lawsuit last Friday against the Canadian government as it moved forward with the process to extradite her to America.
President Donald Trump as recently as late last month was mulling banning Huawei in an executive order, stating that he wants competition with China.
“I don’t want to block out anybody if we can help it,” he said, without mentioning Huawei by name. “… We want to have open competition. We’ve always done very well in open competition.”
This is what Huawei says it wants, too.
“Huawei is willing to address the U.S. Government’s security concerns,” Guo said in the statement. “Lifting the NDAA ban will give the U.S. Government the flexibility it needs to work with Huawei and solve real security issues. (UP1)