Following the events of Trump’s ban on Huawei, the China tech giant has taken the next step by filing a motion for summary judgement to challenge the constitutionality of Section 889 of the 2019 National Defense Authorization Act (2019 NDAA). It also requests the U.S. government to halt its action against Huawei as it is not a good move to improve cybersecurity.
Song Liuping, Huawei’s chief legal officer argues that the U.S. government doesn’t have any evidence to prove the company a security threat. Banning Huawei using cybersecurity as an excuse will do nothing to make networks more secure. Instead, this provides a false sense of security and distract attention from the real challenges.
“Politicians in the U.S. are using the strength of an entire nation to come after a private company, this is not normal. Almost never seen in history.” said Song.
Section 889 of the 2019 NDAA not only singles out Huawei by name and bars U.S. agencies from buying the company’s equipment and services, but also bars them from contracting with or awarding grants or loans to third parties who buy Huawei equipment or services – even if there is no impact or connection to the U.S. government.
“This sets a dangerous precedent. Today it’s telecoms and Huawei. Tomorrow it could be your industry, your company, your consumers,” Song said in addressing the addition of Huawei to the “Entity List” by the U.S. Commerce Department.
The motion for summary judgement is to speed up the process and asks that the court rule in Huawei’s favour as a matter of law. In line with a court scheduling order, a hearing on the motion is set for September 19.