On March 7th, Huawei announced that it has filed a lawsuit against the US government, challenging the constitutionality of Section 889 of 2019 National Defense Authorization Act (NDAA), which sets a strong restriction against Huawei’s businesses within the US.
The lawsuit was filed from Plano, Texas, where the company’s US headquarters are located. This morning, Huawei held a press conference at its headquarters in Shenzhen to discuss about the matter.
According to the indictment, Section 889 prohibits all US government agencies from purchasing equipment and services from Huawei without any administrative or judicial procedures. It also prohibits the governments agencies from signing contracts or offering grants or loans to Huawei customers. This is a violation of the Bill of Attainder Clause and the Due Process Clause. It is also a violation of the Separation-of-Powers principles enshrined in the U.S. Constitution, because Congress is not only making the law, but is also attempting to adjudicate and execute it.
According to Huawei, they have concrete evidence to prove that the US government has allegedly intruded on Huawei’s servers.
During the press conference, Song Liuping, Chief Legal Officer of Huawei, said:” Section 889 causes injury to Huawei, but even more importantly to Huawei’s customers. It prevents Huawei from providing its world leading technologies to any company that does business with the US government, regardless of whether or not Huawei’s products are used in service of the government. In doing so, the statutes deny American consumers’ assets to the best technologies, particularly those in poor and rural communities where Huawei’s competitors choose not to do business. Congress’s targeting of Huawei is also overboard, as well as ineffective.”
According to him, the advanced technologies that Huawei aims to bring to America are for building world-class 5G networks. He also mentioned that while the law was being passed Senator of Arkansas, Tom Cotton, stated that Huawei deserved the best penalty and that it should be put out of business in the United States. Song Liuping asserted that such attacks on Huawei were groundless.
“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.”
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