Huawei Technologies Co. Ltd., the Chinese telecommunications equipment manufacturer, has filed a lawsuit against the United States (U.S.) Government, accusing the latter for unconstitutionally banning the Government agencies, employees and contractors from using Huawei equipment.
The case has been filed in the U.S.’s District Court in Texas. The U.S. opines that with the help of Huawei’s technology, China is spying on other nations. However, U.S. has so far failed to produce any evidence that can substantiate their claim. Huawei, on the other hand, has said that none of their products pose a threat to national security. The tech giant also said that the ban is unconstitutional as it has singled out Huawei for punishment without trial.
Speaking at a Press Conference, Rotating Chairman of Huawei – Guo Ping, said, “After exhausting all other means to allay the doubts of some US lawmakers, we are left with no choice but to challenge the law in court. This ban not only is unlawful, but also harms both Huawei and US consumers.”
He added, “The US government has long branded Huawei as a threat. It has hacked our servers and stolen our emails and source code. Despite this, the US government has never provided any evidence supporting the accusations that Huawei poses a cybersecurity threat. Still, the US government is sparing no effort to smear the company and mislead the public about Huawei.”
Referring to U.S. allegations of spying, the Chief Legal Officer of Huawei – Song Liuping said, “We will never allow others to install any in our equipment. Installing backdoors or collecting intelligence would be equivalent to “committing [commercial] suicide.”
Violation of Constitutional Provision
Huawei is contesting that the ban imposed on its equipment, declared under Section 889 of National Defence Authorisation Act (NDAA), violates 3 major constitutional provisions.
The first one is “Bill of Attainder Clause” which says that U.S. Government is not allowed to single out a person or a group for punishment, without trial. The second is “Due Process Clause”, which restricts the Government from depriving a person of life, liberty or property without due process of law. The third constitutional provision violated is “Separation-Of-Powers”, which says that U.S. Congress cannot act as ‘Judge, Juror and Executioner.’
Additionally, Huawei has also accused U.S. of hacking their servers, stealing their emails and the source code.
Meng Wanzhou in Canadian Custody
The Chief Financial Officer of Huawei – Meng Wanzhou (also the daughter of Huawei’s founder, Ren Zhengfei) was arrested in Vancouver by Canadian Authorities on December 1, 2018. She has been accused of bank fraud with regards to sanctions against Iran. Meng was later released on bail with restrictions on freedom of movement. She is presently undergoing court trial with regards to extradition request placed by U.S.
She has filed a lawsuit in the British Columbia’s Supreme Court in Canada accusing Royal Canadian Mounted Police (RCMP), Canadian Border Services Agency (CBSA) and the Federal Government of unlawfully detaining her and interrogating her for 3 hours without even advising her of Constitutional Rights. Besides, her electronic gadgets, including an iPad and luggage were illegally searched without even informing her that she was under arrest.
The next hearing of Meng Wanzhou is slated for May 8, 2019