Proving the Business Case for the Internet of Things

Huawei calls for quick response in court case against US government

Steve Rogerson
May 30, 2019

Chinese tech giant Huawei has raised the stakes in its battle against the Donald Trump administration by filing a motion for summary judgment in its court case to halt what it claims is illegal action against the company.
The company has called on the USA to adjust its approach to tackle cyber security effectively.
Huawei filed a motion this week for summary judgment as part of the process to challenge the constitutionality of Section 889 of the 2019 National Defense Authorization Act (2019 NDAA). It also called on the US government to halt its state-sanctioned campaign against Huawei because it will not deliver cyber security.
Banning Huawei using cyber security as an excuse “will do nothing to make networks more secure. They provide a false sense of security, and distract attention from the real challenges we face,” said Song Liuping, Huawei’s chief legal officer. “Politicians in the USA are using the strength of an entire nation to come after a private company, This is not normal. Almost never seen in history. The US government has provided no evidence to show that Huawei is a security threat. There is no gun, no smoke, only speculation.”
In the complaint, Huawei argues that Section 889 of the 2019 NDAA singles out Huawei by name and not only bars US government agencies from buying Huawei equipment and services, but also bars them from contracting with or awarding grants or loans to third parties who buy Huawei equipment or services, even if there is no impact or connection to the US government.
Song also addressed the addition of Huawei to the Entity List by the US Commerce Department two weeks ago.
“This sets a dangerous precedent,” he said. “Today it's telecoms and Huawei. Tomorrow it could be your industry, your company, your consumers. The judicial system is the last line of defence for justice. Huawei has confidence in the independence and integrity of the US judicial system. We hope that mistakes in the NDAA can be corrected by the court.”
Glen Nager, Huawei’s lead counsel for the case, said Section 889 of the 2019 NDAA violates the Bill of Attainder, due process and vesting clauses of the US constitution. Thus the case is purely “a matter of law” as there are no facts at issue, thereby justifying the motion for a summary judgement to speed up the process.
Huawei believes the US suppression of Huawei will not help make networks more secure. Huawei says it expects the USA to take the right approach and adopt honest and effective measures to enhance cyber security for everyone if the US government’s real goal is security.
In line with a court scheduling order, a hearing on the motion is set for September 19.