Huawei Files Suit In its Fight Against US Ban

[DogeOfTech]

Source 1

Source 2

 

Huawei is fighting back against the US ban, calling it, "Trial by legislature". They filed their suit against the Ban today, calling for the US judicial system to throw out some parts of the ban due to them being illegal per the US constitution, since there's no evidence and it gives Huawei no chance to fight back against the ban. They also held a press conference on the 29th (today) stating their position and how they feel it could impact the tech community as a whole.

 

 

Quote

Huawei is pressing on with its lawsuit against the United States, challenging the constitutionality of a US law banning federal agencies from buying its products.

The embattled Chinese tech firm said Wednesday that it wants Washington to "halt illegal action" against it, calling US restrictions on Huawei an attempt to put it out of business.

American politicians are "using the strength of an entire nation to come after a private company," Song Liuping, Huawei's chief legal officer, said in a press conference in Shenzhen.

 

The Trump administration has waged a global campaign against Huawei, banning US government agencies from doing business with it and urging countries around the world to remove its telecom equipment from their mobile networks. The White House cites national security concerns, saying Beijing could use Huawei equipment to spy on other countries. The company has repeatedly denied any of its products pose a national security risk.

 

Huawei filed a motion for summary judgment at a US district court in Texas on Tuesday, asking the court to overturn part of the National Defense Authorization Act. The tech company alleges that a portion of the law — which specifically forbids government agencies from using technology from Huawei and its smaller Chinese rival, ZTE (ZTCOF) — violates the US Constitution by singling out an individual or group for punishment without trial.

 

"The US government has provided no evidence to show that Huawei is a security threat. There is no gun, no smoke. Only speculation," Song said.

 

What do I think? Huawei is right. Even ignoring the fact that they may have ties to the Chinese government, there's no support, no evidence, "...no gun, no smoke...". It will set a dangerous precedent going forward and has the real danger of becoming a situation where China bans US companies from doing business with Chinese companies, which would hurt the US way more than it hurts China. Speaking in terms of telecom, Huawei is trying to be a leader in 5G infrastructure and the fact that they can't do that without being able to buy US items, hurts the entire world. Until the US/ANY government agency provides evidence, they shouldn't be cut off from consumers being able to purchase their devices.

[Drak3]

3 minutes ago, DogeOfTech said:

there's no support, no evidence

That we've been presented with.

 

There are scenarios pertaining to national security where the government is obligated to not publish information.

[LukeNukem9]

I'm gonna be honest, I feel the US should investigate more before Huawei get cut off completely, But I haven't followed this deal completely so take my opinion like a grain of salt.

[Firewrath9]

I think that Huawei is being treated a bit unfairly. Not allowing US Gov. workers to use huawei phones as their work phone is fine by me. Blocking US companies from working with them of their own free will is not okay.

Not using huawei technology for infrastructure, fine by me, influencing other countries decisons, not okay.

[Firewrath9]

10 minutes ago, Drak3 said:

There are scenarios pertaining to national security where the government is obligated to not publish information.

Well if the US Gov. makes stuff up, and says that they can't publish it due to national security, then how will we know?

Say they said they found a UFO, and says that they can't publish evidence due to "national security reasons", then how do we know they are telling the truth? thats the problem with saying that they can't tell us.

 

Hopefully the courts and the jury is impartial, and sees all of the evidence, to make the decision.

[Doyniish]

14 minutes ago, LukeTheCoder05 said:

I'm gonna be honest, I feel the US should investigate more before Huawei get cut off completely, But I haven't followed this deal completely so take my opinion like a grain of salt.

I have a feeling there is more to the story that the US can't announce to the mainstream media.

[Sychic]

4 minutes ago, Doyniish said:

I have a feeling there is more to the story that the US can't announce to the mainstream media.

AFAIK, They're just saying it's for national security reasons due to the company having ties with the communist party...

 

But that doesn't make sense. America also has companies that have ties with political parties. 

[GoldenLag]

26 minutes ago, Drak3 said:

There are scenarios pertaining to national security where the government is obligated to not publish information

They would still give info to their allies. (NATO)

 

Something that havent made a lot of nations budge.

 

There is a concern, not much more

[Tristerin]

Smoke, meet mirror.  That tells you, they are wanting you to look here - while something else happens over there. 

 

When things like this happen I use this google nomenclature to figure out the WHY:

 

(example, nomenclature is used to get things started, the rest you switch words to get more info)

 

"What bills were passed by Congress today"

[rawrdaysgoby]

See this is how it should be, able to appeal with facts and words. 

[Firewrath9]

3 minutes ago, Mr. horse said:

Does it matter if you don't know?

 

yes.

What if US Gov. Says that there is UFO and there are aliens? should we believe them with no proff?

[exetras]

Huawei could use this to make the US show its hand on why they issued the Ban and see the "evidence" if there is any.

 

This will be an interesting court case if it goes through.

[Bouzoo]

45 minutes ago, Drak3 said:

That we've been presented with.

 

There are scenarios pertaining to national security where the government is obligated to not publish information.

Then we have the other scenario which is that there is no evidence. Some good national security when you openly admit they might in the future be included in a trade deal. If something is a national security matter you won't include it in a tread deal. Especially since it's from the Chinese and you're the US. 

 

Quote

Trump: "Huawei is something that's very dangerous. You look at what they've done from a security standpoint, from a military standpoint, it's very dangerous. So, it's possible that Huawei even would be included in some kind of a trade deal. If we made a deal, I could imagine Huawei being possibly included in some form of, or some part of a trade deal."

Journalist: "How would that look?"

Trump: "It would look very good for us."

Journalist: "But the Huawei part, how would you design that?"

Trump: "Oh it's too early to say. We're just very concerned about Huawei from a security standpoint."

 

https://www.businessinsider.com/donald-trump-huawei-security-threat-trade-deal-pawn-2019-5

[Taf the Ghost]

Huawei is funny. As much as "National Security" gets abused, the FedGov pretty much has carte blanche authority to do as it pleases in that realm.

 

They really should have gone for the Lies & Slander defense, the "we're the poor, put-up multi-billion dollar company that's a victim" looks stupid. Maybe it plays better in China, but I imagine even most Chinese would roll their eyes at the complaint. 

[Firewrath9]

13 minutes ago, VegetableStu said:

is this inspired by today's xkcd? LOL

wait what?

didn't see the lastest

oh lmao its a ufo

[Taf the Ghost]

2 minutes ago, exetras said:

Huawei could use this to make the US show its hand on why they issued the Ban and see the "evidence" if there is any.

 

This will be an interesting court case if it goes through.

It won't. The FedGov will just invoke War Powers and the case ends. The State of Texas might even get involved and pull the business license of Huawei's incorporation, thus they'd have no standing to bring the case. They might have found a judge that'll side with them before getting smacked down later, but that'll probably go worse for Huawei.

[Arika]

I want Huawei to win this. So all i will say "good luck" 

[mr moose]

3 hours ago, Drak3 said:

That we've been presented with.

 

There are scenarios pertaining to national security where the government is obligated to not publish information.

The people of north Korea also don't get presented with evidence.   For as much as I don't trust Huewiaeyeu, the reality is these bans are illegal and no country can call themselves a free democracy when they engage in such behaviour.  

[Commodus]

15 minutes ago, Arika S said:

I want Huawei to win this. So all i will say "good luck" 

I think we should want the truth to win this, whether that's Huawei or the US government.  The problem, of course, is that the US hasn't provided any evidence (not publicly, anyway) that would support its claims.  Huawei has done some sketchy things in its past, but if we don't know whether spying was a part of it, we don't know if they deserve a ban on this level.

[mr moose]

6 minutes ago, Commodus said:

I think we should want the truth to win this, whether that's Huawei or the US government.  The problem, of course, is that the US hasn't provided any evidence (not publicly, anyway) that would support its claims.  Huawei has done some sketchy things in its past, but if we don't know whether spying was a part of it, we don't know if they deserve a ban on this level.

Indeed, if the US government has good enough reasons then they don't need to play cloak and dagger with other companies, they can just pull Huaweis business registration citing whatever precautions/concerns they have.  That is how a free democracy should work, the people should be free to know why (especially those employed by huawei in the US).

[Lurick]

22 minutes ago, Commodus said:

I think we should want the truth to win this, whether that's Huawei or the US government.  The problem, of course, is that the US hasn't provided any evidence (not publicly, anyway) that would support its claims.  Huawei has done some sketchy things in its past, but if we don't know whether spying was a part of it, we don't know if they deserve a ban on this level.

Honestly I'm surprised it took this long for something to happen, not sure a full on ban and all the cloak and dagger stuff is right but I wish something happened to at least stop some of this earlier. I'll link to a couple articles and let people make of them what they will but the second one is the more damning one in my opinion with proof of IP theft over the years, including being at least partly responsible for sinking one company by profiting off stolen technology from said company where they had no prior foothold in the market.

 

The first article lists charges laid against Huawei as of Jan 2019

The second is a list of IP theft cases against the company as well

https://qz.com/1535995/the-full-list-of-crimes-huawei-is-accused-of-committing-by-the-us/

https://phoneradar.com/top-9-evidence-of-huaweis-backdoor-ip-theft-alleged-hacking-reports/

 

[BuckGup]

4 hours ago, Drak3 said:

That we've been presented with.

 

There are scenarios pertaining to national security where the government is obligated to not publish information.

They published the reports on the 4 years of spying thE NSA and CIA did in 2008 and found absolutely nothing. That’s not to say things changed but but this logic every company or product from China should be banned because of ties to the government 

[D13H4RD]

I’m not taking sides in this fight.

 

All I ask for is for them to actually come to a resolution that doesn’t devolve into a pissing contest

 

And for Huawei to actually either upgrade their NM cards, ditch them entirely (your phones already have a shit ton of storage) or go back to the ubiquitous-SD standard.

[iKingRPG]

18 hours ago, LukeTheCoder05 said:

I'm gonna be honest, I feel the US should investigate more before Huawei get cut off completely, But I haven't followed this deal completely so take my opinion like a grain of salt.

I agree

[iKingRPG]

This is all so dumb, China can easily get revenge, and the US knows this and bans them without proof of anything anyway.