Huawei has filed a motion for summary judgment against the US government to expedite the process of removing the ban that the Trump Administration has imposed on the Chinese company. The motion is part of the complaint that Huawei Technologies filed against the US government in March. The initial complaint was filed in a federal court against the ban on the sale of Huawei products. It also urged the US to adopt honest and effective measures to enhance cybersecurity for everyone. Huawei noted that if the US government’s real goal is security, suppression of Huawei will not help make networks more secure.
The new Summary Judgement motion filed by the Chinese tech company challenges the constitutionality of Section 889 of the 2019 US National Defense Authorization Act (2019 NDAA). In simpler words, Huawei is seeking to get Section 889 of the NDAA thrown out. The Section 889 of the Act gives power to the government to impose prohibition on telecommunications and video surveillance services or equipment it deems is putting national security on risk. It prohibits government agencies from procuring telecommunications equipment from Huawei and ZTE.
“Banning Huawei using cybersecurity as an excuse will do nothing to make networks more secure. They provide a false sense of security, and distract attention from the real challenges we face. Politicians in the US are using the strength of an entire nation to come after a private company. This is not normal. Almost never seen in history. The U.S. government has provided no evidence to show that Huawei is a security threat. There is no gun, no smoke. Only speculation,” Song Liuping, Huawei’s Chief Legal Officer, said in a statement.
In the complaint, the company argued that Section 889 of the 2019 NDAA singles out Huawei by name and 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 US government. While addressing the addition of Huawei to the “Entity List” (or blacklisting the company) by the US Commerce Department, Song said, “This sets a dangerous precedent. Today it’s telecoms and Huawei. Tomorrow it could be your industry, your company, your consumers.”
A hearing on the motion is set for September 19 in the Eastern District Court of Texas.