Huawei lawsuit against ‘unconstitutional’ ban in the US is thrown out
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A judge has ruled against a lawsuit filed by Huawei in the US relating to a ban on government personnel using the company’s devices.
Huawei filed the lawsuit on the basis that the ban was “unconstitutional” back in 2018. Since then, Huawei has faced increased US-led scrutiny globally over claims the company is controlled by Beijing – an allegation the company denies.
US District Court Judge Amos Mazzant ruled that Congress has the right to ban federal agencies from using equipment manufactured by specific firms.
In a 57-page ruling on Tuesday, Mazzant wrote: “Contracting with the federal government is a privilege, not a constitutionally guaranteed right—at least not as far as this court is aware.”
Huawei is now considering its options and said in a statement the “approach taken by the US Government in the 2019 NDAA provides a false sense of protection while undermining Huawei’s constitutional rights.”
Earlier this month, the Department of Justice charged Huawei and its subsidiaries with racketeering and conspiracy to steal trade secrets.
Last week, a bipartisan US delegation voiced their concerns about Huawei during this year’s Munich Security Conference.
Secretary of State Mike Pompeo claimed that Huawei, and other firms backed by Beijing, are “trojan horses for Chinese intelligence”. Meanwhile, Defense Secretary Mark Esper said China is conducting a “nefarious strategy” through companies like Huawei.
From the other side of the House, Republican Speaker Nancy Pelosi said the use of Chinese telecoms equipment would be “choosing autocracy over democracy” and “putting the state police in the pocket of every consumer in these countries”.
February is typically a great month for those in telecoms as it’s a time when everyone convenes at MWC in Barcelona to show off their latest technologies, make deals, and celebrate the industry. Of course, this year’s MWC has been canceled over fears about the spread of the deadly coronavirus.
The best recent news for Huawei arrived last month when the UK government announced it will be allowing the company to have a “limited role” in national 5G networks following a comprehensive security review.
Huawei will be hoping for fewer months like February for the rest of 2020.
Questions & Answers
Q.What was the specific basis of Huawei's lawsuit against the US ban?
What was the specific basis of Huawei's lawsuit against the US ban?
Huawei filed the lawsuit claiming the ban on government personnel using their devices was unconstitutional. They argued this back in 2018.
Q.What was the judge's reasoning for dismissing Huawei's lawsuit?
What was the judge's reasoning for dismissing Huawei's lawsuit?
US District Court Judge Amos Mazzant ruled that Congress has the right to ban federal agencies from using equipment from specific firms. He stated contracting with the federal government is not a constitutionally guaranteed right.
Q.What other legal and political challenges has Huawei faced in the US recently?
What other legal and political challenges has Huawei faced in the US recently?
The Department of Justice charged Huawei and its subsidiaries with racketeering and conspiracy to steal trade secrets. US officials have also voiced concerns about the company at the Munich Security Conference.
Q.What was the most positive recent development for Huawei internationally?
What was the most positive recent development for Huawei internationally?
Last month, the UK government announced it would allow Huawei a limited role in its national 5G networks. This decision followed a comprehensive security review.
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