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Huawei Sues the US In Pushback Against Security Risk Claims (latimes.com)
hackingbear writes: A suit filed by Huawei in Texas, where an American subsidy is located, this week is the latest maneuver in the Chinese telecommunications giant's global offensive against American pressure and persistent criticisms that it poses a national security risk. The company's lawsuit contends that the law which bans Huawei equipment without evidence and trial is a violation of the U.S. Constitution. The U.S. also argues that Huawei poses an unacceptable security risk due to its tie with the Chinese government, though a 2003 due diligence by Motorola in a merger talk found Huawei was independent (Warning: source paywalled) of Chinese government or military (the merger failed after Motorola board thought the $7.5 billion price tag for Huawei was too high.) In the lawsuit announcement, Huawei Chairman Guo Ping also accused U.S. agencies of hacking Huawei servers and stealing emails and source code. In a similar case, China's Sanyi sued the Obama administration and forced CFIUS to determine that the the company's acquisitions "have not raised national security objections."
It's fair to say the American nation isn't the envy of the World it once used to be, but the fact the Chinese can sue in American courts with a decent chance to win still says a lot about the differences between the two juggernaut nations.
“Congress acted unconstitutionally as judge, jury and executioner,” Huawei executive Guo Ping said Thursday after announcing the court action.
Guo Ping's evidently been binge-watching some Mandarin-dubbed spaghetti westerns.
Happiness in intelligent people is the rarest thing I know.
Ernest Hemingway
I mean Cisco aren't exactly a company I want to defend when it comes to that, but if you think Huawei is better than Cisco, whoooboy are you mistaken!
It's like being in a prison courtyard and the second biggest bad dude there (Cisco) points out that the actual threat to everyone there is the biggest bad dude (Huawei). They are both not to be trusted and if you have to trust one more than the other, right now it isn't Huawei.
The real kicker about it is that Huawei are better at doing what is tradjtionally thought of as the US corporations thing, bribing politicians to get favorable laws and/regulations, paying off those who bring lawsuits against them to avoid having been found in breach of regulations/laws, and doing whatever it needs (to include using gov't supplied hackers to dig up dirt on and harass people ) to get deals done. They have more people to put to the task and a government that is comfortable knowing most of what it does, won't have serious long term repercussions.
They took the whole US playbook and are using it against them....
The company's lawsuit contends that the law which bans Huawei equipment without evidence and trial is a violation of the U.S. Constitution.
Anyone that's even heard of a clue, let alone has half of one, knows that national security is a valid and perfectly constitutional reason to prohibit government agencies from purchasing equipment or services from a foreign actor.
They are challenging John S. McCain National Defense Authorization Act for Fiscal Year 2019 (NDAA 2019), specifically Section 889.
Nothing in the law prevent private businesses from buying Huawei equipment but doing so could effectively lock them out of doing business with the federal government. It's just like the Kaspersky Anti-Virus situation where people a free to use it but it's a big no-no for the federal government.
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