Huawei launches court challenge to USA security law

China blocks canola shipments from Canada's Richardson

China blocks canola shipments from Canada's Richardson

Section 889 bans federal agencies and their contractors from purchasing equipment and services from Huawei as well as another Chinese telecom company ZTE. That threatens to block access to major markets as phone carriers prepare to invest billions of dollars in next-generation cellular networks, known as 5G.

Legal experts said the firm is likely to lose its case because USA courts tend to avoid second-guessing Congress' actions relating to national security, including the ban enacted in August as part of a defense spending bill.

It says the law causes the company "concrete and particularized injury, and imminent future injury" and subjects it to a "burden that is severe, permanent and inescapable" that amounts to a corporate "death penalty". "We are compelled to take this legal action as a proper and last resort", Huawei chairman Guo Ping (郭平) said.

Huawei's primary argument is that the ban on its products is a "bill of attainder" - a legislative act condemning a particular person or group of people and punishing them without a trial.

The Texas court hearing Huawei's case will not be bound by that decision, but will certainly consider its reasoning closely because of the similarities in the two disputes. The charges include conspiracy to steal trade secrets, attempted theft of trade secrets, wire fraud and obstruction of justice. Meng remains under house arrest in Vancouver while her lawyers fight the extradition order.

In January, the US formally charged Meng and Huawei with bank and wire fraud related to business dealings in Iran. Both Meng and her company have denied any wrongdoing.

At a routine briefing Thursday, a Chinese foreign ministry spokesman noted that the Chinese government has also objected to the law.

Huawei denies altering its equipment to facilitate spying and has set up testing centers in Britain, Canada and continental Europe to allow governments to examine its technology.

Vodafone is using the United States firm Cisco at the core of its 5G network, the most sensitive area, and equipment from Sweden's Ericsson elsewhere.

Huawei is claiming the ban is unlawful, adding, the USA has failed to provide evidence that laws were broken.

Trump celebrates North Dakota State football champs with fast food
The boxes consisted of Big Macs from McDonald's and Chick-Fil-A food, according to pool reporter Laura Figueroa. Looking back on the Clemson Tigers visit Trump served the team McDonald's, Wendy's, Pizza and Burger King.

The U.S., citing security concerns, has urged allies to bar Huawei and other Chinese technology providers from building infrastructure for fifth-generation, or 5G, mobile cellular networks. The United States accounts for 20 to 25 per cent of the global market for computer and telecom technology.

Among the enforcement actions being targeted were efforts by China to gain access to proprietary US technology and trade secrets, through techniques such as computer hacking or theft by insiders.

Huawei's chief legal officer Song Liuping described the lawsuit as a "purposeful and punitive" attack on Huawei, accusing Senator Marco Rubio of smearing the company as a "Trojan horse". "No contrary evidence has been offered".

The Chinese government said Washington fabricates or exaggerates security concerns to block competition.

Huawei's top competitors are Sweden's Ericsson and Finland's Nokia Corp. Industry analysts said excluding the Chinese vendor from markets for 5G equipment would reduce competition and might lead to higher prices.

Vodafone also joined calls for all telecoms equipment-makers to undergo the same kind of scrutiny as Huawei.

Turner said Huawei will likely keep fighting, but "to keep it going, is the legal equivalent of scaling Mount Everest without a rope".

Huawei Technologies Co Chief Financial Officer Meng Wanzhou arrives back at home after her court appearance in Vancouver, British Columbia, Canada, March 6, 2019. The communist state this week also accused two arrested Canadians of stealing state secrets in a move widely seen as retribution for Meng's arrest. That followed the Canadian government's announcement Friday that the extradition proceeding would be allowed to continue.

If a judge decides Huawei has a plausible claim the case will proceed to the discovery phase, in which internal documents are shared and USA government officials could be forced to provide testimony and lay out their security concerns.

Recommended News

  • Culture - Film review: Captain Marvel

    Culture - Film review: Captain Marvel

    Captain Marvel is one of the most-anticipated films of 2019 - and is one of the most established brands in the comics world. Most of the amusing and memorable ones are courtesy of Danvers and Fury. "That is absolutely her superpower".
    Trump administration under the spotlight once again as Russian Federation  investigation expands

    Trump administration under the spotlight once again as Russian Federation investigation expands

    Trump told the audience at CPAC he believes he made the right decision by leaving the summit without a deal. The Opposition has launched in the US Congress, a massive investigation against President Donald Trump .
    Jurgen Klopp Following Liverpool Draw

    Jurgen Klopp Following Liverpool Draw

    But Pele, widely considered the greatest soccer player in history, has chosen his side two-plus months ahead of time . It was just a fight and we were ready for that fight. "My feeling is more and more we are really prepared for it".
  • Venezuela expels German ambassador Daniel Kriener for meddling

    Venezuela expels German ambassador Daniel Kriener for meddling

    Guaido had just returned from a 10-day tour of South American allies, defying a government-issued ban on him leaving the country. The German Foreign Office confirmed the diplomat's expulsion: "Daniel Kriener has been declared a persona non grata".
    Samsung Has Two More Foldable Phones on the Way

    Samsung Has Two More Foldable Phones on the Way

    If you, for some unknown reason, thought Samsung's flexible device rollout would stop with the Galaxy Fold then we have bad news. The Samsung Galaxy S10 can be bought by paying Rs 9,099 down payment and the EMI part will be Rs 2,999 for the next 24 months.
    R. Kelly taken into custody in IL

    R. Kelly taken into custody in IL

    Now that each family has been cut out, Kelly claimed , they're speaking out against him because they want money from him. When the topic of age came up, he said, "I just look at legal", and that he doesn't care if the women are much younger.
  • Brexiteers outline European Union  deal terms

    Brexiteers outline European Union deal terms

    These towns have a glorious heritage, huge potential and, with the right help, a bright future ahead of them", she said. The Chief Whip added the second vote on Mrs May's Brexit deal, scheduled for next Tuesday, would be "very, very tight".
    Impending Mueller report may just be the beginning of Trump's investigation woes

    Impending Mueller report may just be the beginning of Trump's investigation woes

    Trump labeled the investigation into the alleged Russian collusion in the 2016 election "the collusion delusion". That is another unresolved question that Mueller is pursuing.

    Trump again celebrates football champs with fast food

    "We have Big Macs, we have Quarter Pounders with cheese, we have everything that I like, that you like", he said . The overall spread looks similar to the one served to Clemson's team in January.
  • Neck strain forces Tiger Woods out of Arnold Palmer Invitational tournament

    Neck strain forces Tiger Woods out of Arnold Palmer Invitational tournament

    Adam Hadwin, Corey Conners and Roger Sloan are at Bay Hill for the second stop in the PGA Tour's Florida swing. Woods finished tied for second at the Valspar past year , and it seems as if he would come back if he could.
    House Democrats Launch Wide-Ranging Trump Investigations

    House Democrats Launch Wide-Ranging Trump Investigations

    House Democrats are planning to formally request the president's tax returns in two weeks, Politico also reported on Tuesday. Nadler said Monday the investigation will be focused on possible obstruction of justice, corruption and abuse of power.
    How to activate the hidden dark mode on Facebook Messenger

    How to activate the hidden dark mode on Facebook Messenger

    I also love that Facebook Messenger is using a true dark mode and not some shade of blue (looking at you Twitter ) or dark gray. While a large number of big-names have added dark modes , there are still plenty that need to jump on the bandwagon.

We are pleased to provide this opportunity to share information, experiences and observations about what's in the news.
Some of the comments may be reprinted elsewhere in the site or in the newspaper.
Thank you for taking the time to offer your thoughts.