Huawei files new legal action against the US ban
By Mia Carla 2019-05-30 243 0
According to CCTV news client news, Huawei released a statement of 27th by Song Liuping, chief legal Officer of Huawei Technology Co., Ltd., stating as follows:
▪ Huawei has filed a lawsuit and will file a summary judgment motion on Tuesday asking the court to declare the law unconstitutional. The ban is typical of a bill of attainder that violates due process.
▪ The bill directly criminalizes Huawei and imposes numerous restrictions on the company with the obvious goal of driving Huawei out of the U.S. market. This is the tyranny of "legislation in place of trial", which is expressly prohibited by the us constitution.
▪ It is hoped that the us courts will declare the Huawei ban unconstitutional and inadmissible, as they have done in previous cases of civil disfranchisement and due process violations.
The following is the full text of the statement posted by BBS "inner voice community" inside Huawei:
Author: Song Liuping, chief legal officer, Huawei Technology Co., Ltd.
Date: May 27, 2019
The British Parliament was once able to adjudicate on plotters who aimed to overthrow the throne. In light of this, the US Constitution prohibits Congress from passing any bill to deny public rights-that is, to impose penalties on individuals or groups without trial.
Last summer, U.S. lawmakers passed a bill to deny public rights to Huawei. The company is a successful Chinese private technology company. The Defense Authorization Act 2019 (2019 NDAA) imposed a broad ban on certain Huawei devices: Federal agencies could not procure equipment from Huawei, entities that signed contracts with the federal government could not use Huawei equipment, and entities that received federal funding and loans could not use government funds to purchase Huawei equipment.
After a judicial review, the bill also applies to other companies if the defence secretary has "reasonable grounds to believe" they are owned or controlled by, or linked to, the Chinese government. But the bill directly and permanently applies to Huawei without providing any rebuttal or immunity from charges.
Huawei has filed a lawsuit and will file a summary judgment motion on Tuesday asking the court to declare the law unconstitutional.The ban is typical of a bill of attainder that violates due process. Lawmakers who support the bill have called it punishment for alleged wrongdoing and unproven ties to the Chinese government, allegations Huawei has vehemently denied.
The bill gives Huawei no opportunity to contest the allegations, no opportunity to provide rebuttal evidence or an impartial process to find out the truth. The bill directly criminalizes Huawei and imposes numerous restrictions on the company with the obvious goal of driving Huawei out of the U.S. market. This is the tyranny of "legislation in place of trial", which is expressly prohibited by the us constitution.
Even if the bill is constitutional, it will have little effect on improving national security or enhancing the security of government information networks. The bill does not come up with a solution to the so-called risk, but only for Huawei. The bill does not even require federal agencies to stop using existing Huawei devices, but simply prohibits the continued purchase of Huawei devices. And the bill does not prohibit the use of equipment produced by joint ventures set up by the Chinese government and other large telecoms manufacturers.
At the same time, the 2019 NDAA Act has unjustifiably damaged the technical and economic interests of the United States. Huawei is one of the world's leading and innovative providers of network switching devices (including 5G). Restricting Huawei's sales of equipment in the United States would reduce competition, raise prices and increase the entry threshold for Internet services, especially in rural and remote areas of the United States where Huawei's competitors are reluctant to provide services.
Other governments around the world understand that Huawei is not a government tool, and Huawei is committed to improving cybersecurity and providing the best and preferential technology. These governments have chosen to join hands with Huawei, but the US government has not done so. The American people can only hope for the rule of law, and it is hoped that the United States courts will declare the Huawei ban unconstitutional and prohibit enforcement, as it does with previous disenfranchisement provisions and violations of due process.
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