Chinese telecommunications giant Huawei sued the U.S. government Wednesday evening, arguing a U.S. ban on the company’s products is unconstitutional because of the way it restricts industry competition.
Huawei filed a complaint to U.S. federal courts, arguing that portions of the newest version of the National Defense Authorization Act, which bans the use of Huawei technology in any U.S. military setting, is unconstitutional. The ban by the Department of Defense was the latest step the federal government has taken in cracking down on the company’s presence in the U.S.
“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,” Guo Ping, Huawei rotating chairman said in a statement. “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, and trust that it will benefit both Huawei and the American people.”
The Department of Justice has also filed complaints against Huawei, accusing the Chinese telecommunications company of data mining through its devices and network apparatuses and sending that data directly to the Chinese government. Both these measures have minimized Huawei’s presence in the U.S., leaving them with no real market share in the U.S.
Huawei has denied any allegations of espionage against the U.S.
“We never participate in espionage and we do not allow any of our employees to do any act like that,” Huawei leader Ren Zhengfei said about the allegations leading to the company’s U.S. ban. “And we absolutely never install backdoors. Even if we were required by Chinese law, we would firmly reject that.
Sen. Marco Rubio, R-Fla., a senior member of the Senate Foreign Relations Committee who has been on the forefront of going after Huawei, said in a press release that he supports the efforts the administration has made to curb the presence of Huawei in the U.S. and condemned the complaint filed by the Chinese company.
“Huawei is a Chinese state-directed telecom company with a singular goal: undermine foreign competition by stealing trade secrets and intellectual property, and through artificially low prices backed by the Chinese government. The Communist Chinese government poses the greatest, long-term threat to America’s national and economic security,” Rubio said in the statement.
“The U.S. must be vigilant in preventing Chinese state-directed telecoms companies, like Huawei, from undermining and endangering critical U.S. systems and infrastructure,” he added. “That is why Congress recently acted well within our constitutional authority to block Huawei from our telecommunications equipment market due to concerns with the company’s links to China’s intelligence services.”
Huawei has said that the entire premise of the U.S. ban is inaccurate, repeatedly denying that the company is owned or directed by the Chinese Communist Party, the leading entity of the Chinese government.
“Section 889 is based on numerous false, unproven, and untested propositions. Contrary to the statute’s premise, Huawei is not owned, controlled, or influenced by the Chinese government. Moreover, Huawei has an excellent security record and program. No contrary evidence has been offered,” Song Liuping, Huawei’s chief legal officer, said in a press release.
