It is Huawei’s most aggressive move than to fight the United States claiming that the Chinese smartphone and telecom equipment manufacturer’s technology is a global security threat.
The company said Thursday that it has filed a lawsuit asking a US federal court to evict part of a provision of the Defense Forces Act signed by President Donald Trump in August. Huawei claims that part of the law violates the US Constitution by appointing an individual or group for punishment without trial.
“This ban is not just illegal but also limits Huawei from participating in fair competition, which ultimately damages US consumers,” Huawei vice president Guo Ping said at a press conference at the company’s headquarters in the Chinese city of Shenzhen. [1
9659004] Legislation specifically prohibits authorities from using technology from Huawei and its smaller Chinese rival, ZTE ( ZTCOF ) .
“The US Congress has repeatedly failed to produce any evidence to support its restrictions on Huawei products,” said Guo. “We have to take this legal action as a real and last resort.”
Escalating the dispute
Huawei court challenge Its heated distance with the US government to a new level.
The company is one of China’s largest technology companies and an important player in the global deployment of super-fast 5G wireless networks. Its smartphones compete globally with Apple  ( AAPL ) and Samsung
But for years Washington has been suspected of Chinese rule no one could use Huawei equipment to spy on other nations, without providing specific evidence. Huawei describes itself as an employee company and denies any of its products constitute a security risk.
The Huaya’s process, filed in Texas, where the company’s US headquarters are located, could force the US government to present a public target against the Chinese technology company, as it is framing its press campaign. 19659002] The Trump administration has urged allies to ban or restrict Huawei products from their 5G networks, referring to espionage problems but without providing clear evidence. It has complicated Huawei’s ambitious growth plans and caused wireless operator complaints that the US campaign disturbs its plans to build networks.
“Huawei shows it won’t roll over to the US’s full court press,” said Paul Triolo, an expert on global technical issues at the consulting firm Eurasia Group.
“It will probably not lead to Huawei’s new access to the US market,” he added. “But it’s a symbolic marker that can affect other players around the world considering potential restrictions or bans on the company.”
The governments of countries such as Germany and the United Kingdom decide what kind of restrictions should introduce Huawei equipment. Australia banned the company from providing technology for its 5G networks last year.
The United States “hacked our source code”
At the press conference Thursday, Guo accused American hypocrisy.
“The US government has long noticed Huawei as a threat,” he said, before claiming that US intelligence “hacked our server and hacked our source code.”
The claim seemed to be a reference to reports from 2014 , citing documents provided by Edward Snowden, the former US National Security Agency contractor who leaked huge volumes of information on US intelligence and media surveillance activities.
The addition to the complexity of US prosecutors has filed criminal charges against Huawei in Washington and New York.
Huawei did not plead guilty in Seattle last week for trying to steal business secrets from T-Mobile ( TMUS ) ).
The company’s arraignment in Brooklyn on allegations that it worked to postpone US sanctions against Iran is scheduled later this month. Huawei’s finance manager, Meng Wanzhou, has also been prosecuted in that case. She was arrested in Canada in December and meets extradition to the United States.
Meng and Huawei have denied the charges.