The battle between Huawei and the United States just got a bit more heated. The Chinese company filed a lawsuit on Wednesday against the U.S. government, claiming the prohibition of sales of their telecom equipment to government agencies is unconstitutional. The suit had been expected to drop this week based on previous reports.
The suit claims that section 889 of the U.S. National Defense Authorization Act (NDAA) is unconstitutional and amounts to a “bill of attainer”. That is, it singles out a single company and accuses them of being guilty of a crime without a trial. This is illegal according to the United States constitution. It is specifically banned to do this in Article I, Section 9 of the constitution. Further, it is banned at a state level in Article I, Section 10.
In a statement to Reuters, Huawei’s Rotating Chairman Guo Ping stated, ““The U.S. 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,”
“This ban not only is unlawful, but also restricts Huawei from engaging in fair competition, ultimately harming U.S. consumers. We look forward to the court’s verdict.”Huawei Rotating Chairman Guo Ping
Huawei is the biggest telecom equipment provider in the world and is looking to establish itself as 5G begins rolling out globally. The company has a very small footprint, commercially or with consumer products. The company makes this fact and their security measures clear in the lawsuit.
“equipment and services are subject to advanced security procedures, and no backdoors, implants, or other intentional security vulnerabilities have been documented in any of the more than 170 countries in the world where Huawei equipment and services are used.”Huawei suit against the United States
How the case will turn out is unknown but many expect Huawei to face an uphill battle. U.S. courts are generally reluctant to get involved in matters of security such as this one. It is possible the case will be dismissed outright. If it is accepted, a discovery phase will have to happen prior to it going to trail.