HONG KONG – Chinese electronics giant Huawei sued the United States government on Wednesday and claimed that it had been unfair and wrongfully prohibited as a security threat.
The process will force the government to make its target against the company more public but it may also leave Huawei vulnerable to deeper scrutiny of its business practices and relationship with the Chinese government.
The United States has argued that Huawei poses a risk as the Chinese authority’s equipment could exploit communications and interfere with telecommunications networks. That position has led to major wireless operators in the United States to avoid Huawei’s equipment.
“The US Congress has repeatedly failed to produce any evidence to support its restrictions on Huawei products,” said Guo Ping, Huawei’s rotating chairman, in a statement announcing the filing of the trial. “We have to take this legal action as a real and last resort. “
The process, which was filed in a United States District Court in Plano, Tex., where Huawei has its US headquarters, claims that part of the 2019 National Defense Authorization Act is indestructible because it distinguishes Huawei The law prohibits government agencies to enter into contracts with Huawei or company-using companies.
The upholstery is part of a legal and PR offensive that Huawei has recently assembled to pursue espionage accusations. telecommunications equipment, has been under pressure from the American image for several months
Her father, Ren Zhengfei, the company’s founder, has then rejected claims against his daughter and said he would wait to see if President Trump would intervene in the case. Ms. Meng has been in court this week in Vancouver, British Columbia, as part of a extradition hearing.
Meanwhile, Huawei has struggled against many of its customers and nations who have said they would withdraw from buying their products. China has also reclaimed against Canada by imprisoning several Canadian citizens.
Huawei’s trial claims that by appointing the company, Congress has violated constitutional principles of separation of powers and also the clause on buy-out which prohibits legislation such as
“The real and intended effect of these prohibitions is to bring Huawei from key segments of the The telecommunications equipment and services market, which causes immediate and ongoing economic, competitive and reputational damage to Huawei “, wrote the company’s lawyers in a suit.
They added that the bans have been implemented without “a fair trial or opportunity to refute the charges against it and without the possibility of escaping.”  The Russian cyber security company Kaspersky Lab filed and finally lost a similar legal challenge two years ago. After the Home Security Department directed federal authorities to ban Kaspersky products from their systems, the Congress codified the directive into a law.
Kaspersky left two processes claiming that it had been designated for punishment without trial. A judge finally dismissed the trials and pointed out that they came from a legitimate desire to protect American networks.
Although the Department of Justice initiated criminal charges against Huawei earlier this year, these suits focus on corporate relations to avoid US sanctions against Iran and its theft of intellectual property rights. Also, do not refer to the core issue that governments around the world are over whether Huawei’s equipment in new 5G networks is causing security issues.
The new costume aims to focus on that issue and drive the US government to do the matter. Although it is unlikely that Huawei will turn American resistance against the company, it can hope to win back representatives from governments in countries such as those in Europe who will follow the trial.
Debate on the security of Huawei’s system has come to a critical moment with countries around the world preparing to spend hundreds of billions of dollars expanding mobile networks into the next-generation 5G technology.
The new networks will have faster speeds but also be used to connect a confusing number of new sensors and data collection systems along with smartphones. It would potentially make network vulnerabilities more serious than with previous cellular networks.