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Huawei to US: Ban is unconstitutional, won't make them more secure

In a press conference in China earlier today, Huawei filed a motion for summary judgement as a part of the process to challenge the unconstitutionality of Section 889 of the 2019 National Defense Authorization Act (2019 NDAA).
Huawei to US: Ban is unconstitutional, won't make them more secure
Huawei ecosystem products

Huawei filed a motion for summary judgement to accelerate process to halt illegal action against the company

Huawei believes that that the trade ban on is unconstitutional and the said state-sanctioned campaign against Huawei will not deliver cybersecurity.

To recall, the US government placed Huawei on its entity list. After that, Google and other US-based companies complied with US to ban Huawei from using their equipment/tech/services.

According to Huawei, the ban using US cybersecurity as an excuse won't make them more secure.

They provide a false sense of security, and distract attention from the real challenges we face, said Song Liuping, Huawei’s chief legal officer. Politicians in the U.S. are using the strength of an entire nation to come after a private company, Song noted. This is not normal. Almost never seen in history.

Up to this date, the U.S. government has provided no evidence showing that Huawei is a security threat. Song added that "there is no gun, no smoke" and the accusations are just based on speculation.

Huawei also argued that that Section 889 of the 2019 NDAA singles out Huawei by name and not only bars U.S. government agencies from buying Huawei 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.

The judicial system is the last line of defense for justice. Huawei has confidence in the independence and integrity of the U.S. judicial system. We hope that mistakes in the NDAA can be corrected by the court, Song added.

Glen Nager, Huawei's lead counsel for the case, said Section 889 of the 2019 NDAA violates the Bill of Attainder, Due Process, and Vesting Clauses of the United States Constitution. Thus the case is purely "a matter of law" as there are no facts at issue, thereby justifying the motion for a summary judgement to speed up the process.

A hearing on the motion is set for September 19. Huawei expects the US to take the right approach and adopt honest and effective measures to enhance cybersecurity for every.

However, that will only happen if the real goal of the US government is security.

What do you guys think?

Source: Huawei
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