In the lawsuit, the Chinese telecom giant argues that a US government ban on federal agencies using its products is unconstitutional.
The news: The complaint, filed in a US federal court in Texas yesterday, challenges the constitutionality of Section 899 of the National Defense Authorization Act. Huawei says the US government has failed to provide evidence to support the ban, and rejected claims of links to the Chinese government.
“The US Congress has repeatedly failed to produce any evidence to support its restrictions on Huawei products. We are compelled to take this legal action as a proper and last resort,” Huawei’s rotating chairman Guo Ping said.
Background: President Trump signed a ban on the use of Huawei and ZTE technology by the US government and contractors back in August 2018, saying the Chinese companies could pose a national security threat. It’s this ban that Huawei is now challenging after months of increasing pressure on the company, including the arrest of its CFO and threats from Secretary of State Mike Pompeo that the US will not share intelligence with allies that use Huawei’s technology.
What’s next: The case could take many months to reach a conclusion, but it’s further evidence that Huawei is coming out fighting against the recent damaging allegations. It claims these are an American “smear campaign.” The US argues that Chinese law means Huawei could be compelled to be a conduit for government snooping, but Huawei recently claimed it could close rather than spy on its customers.