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."

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Laughed out of court

[Gravis Zero]

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.