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Huawei sues U.S. government, saying ban on its equipment is unconstitutional

29 Comments
By Sijia Jiang and Jan Wolfe

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29 Comments
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It seems to me that a government should be able to determine for itself whether or not to award a contract to a private company.

Ok. But you're not a lawyer, and whether or not the government has that in this case will be decided through a court case.

Just as a private company or individual can choose which companies to "hire" or not.

Ignoring the fact that the government is not a company, and therefore the comparison is apples and oranges, companies may be able to choose who they want, but are not allowed to discriminate as they want. If they choose not to hire a company due to discrimination, they can be sued in many countries. Granted, proving discrimination is particularly difficult, but nevertheless companies don't have the right to discriminate.

If I choose to stay at a Sheraton hotel, for instance, the Hilton hotel company can't sue me for not choosing it!

Now you're comparing yourself as an individual to the government. That went from comparing apples and oranges to comparing apples and the planet Neptune.

0 ( +0 / -0 )

Have you heard about CALEA (Communications Assistance for Law Enforcement Act)?

@ CrazyJoe - Thanks for that - No, I didn't know that.

0 ( +0 / -0 )

AT&T and Verizon ceos should probably avoid China right now. They might get arrested too.

-1 ( +0 / -1 )

China-USA: no difference!

GAFA, Huawei, CIA, Communist party, .... all the same in taking power in the big data and spying.

I do not trust one more than the other.

-1 ( +0 / -1 )

National Security is the buzzword here. The govt can have sole-source contracts by using that reason.

CALEA applies to specific segments of industry, mainly telecommunications, not all industries. It applies to ISPs and phone companies. But small ISPs aren't usually impacted at all. The govt heads straight to be huge infrastructure guys - the corporations that own the fibre and satellites. Most people have never heard of those companies. They are not household names ... except 2.

1 ( +1 / -0 )

Seems like some folks don't understand that the CCP controls or has fingers in controlling ALL "private" companies in China. While the US government (and other western nations) can't control private corporations at all, and can only request (unless they have a warrant issued by the judiciary system) access to communications technology/information at the behest of the corporation.

Huawei is a joke on this.

1 ( +2 / -1 )

They can take a hike.

0 ( +0 / -0 )

US COurt: "where's the evidence for blocking Huawei?"

US Govt: "ee-er-um...national security, can't tell you."

US Court: "oh, okay. All good then."

0 ( +2 / -2 )

That is RIDICULOUS!

Have you heard about CALEA (Communications Assistance for Law Enforcement Act)?

Yes an American LAW.

It requires ALL Companies in America to hand over to government not only technology but access to data and means for government officials to have access to the hardware or software remotely WHEREVER it is installed.

7 ( +8 / -1 )

And what rights do foreign businesses have in China?

4 ( +4 / -0 )

This is good news. The more people who sue the US govt, the better. Even if they happen to be neo-capitalists.

Ok and then what?

0 ( +2 / -2 )

Will likely be summarily dismissed.

The power of the purse is plenary.

0 ( +1 / -1 )

a 2017 Chinese law requiring companies cooperate with national intelligence work.

Perhaps they should be suing the Chinese government for establishing this law...

6 ( +6 / -0 )

Chinese are smart people. They are born merchants. Huaway taking advantage of technologies originally developed in the west copied and stole them and is now producing superior products becoming  a threat to America. The western corporations caught in a trap of China. They could not resist utilizing cheap labor and free land strategically offered by China.  It is casting a doubt about globalism.

1 ( +5 / -4 )

If I choose to stay at a Sheraton hotel, for instance, the Hilton hotel company can't sue me for not choosing it!

I think it’s more, Hilton you can’t build your hotels here because you’ve got hidden cameras in your room.

What you’re describing is what Huawei desires: let the customers choose.

2 ( +2 / -0 )

Can’t believe Samsung Sony and Huawei devices have 5G but iPhone won’t until 2021.

The US government cannot charge Huawei of espionage or violating national security and provide the evidence of that because any charge would require the US to divulge their sources, their spies, their information and Huawei knows that.

So Huawei can shout “show us the evidence” all they want but that doesn’t mean they are innocent.

That said, if a country is not spying on other countries and attempting to access data, it is not doing its job of protecting its citizens and business interests. National Security will be at risk

-1 ( +1 / -2 )

This is good news. The more people who sue the US govt, the better. Even if they happen to be neo-capitalists.

-6 ( +1 / -7 )

Huawei will lose the lawsuit.

0 ( +4 / -4 )

StrangerlandToday  03:11 pm JST

I don't understand how any company can force any government to do business with it.

Well, we still don't know if they can force the government. That's what this lawsuit will determine.

It seems to me that a government should be able to determine for itself whether or not to award a contract to a private company. Just as a private company or individual can choose which companies to "hire" or not.

If I choose to stay at a Sheraton hotel, for instance, the Hilton hotel company can't sue me for not choosing it!

1 ( +2 / -1 )

Huawei was cutting into Silicon Valley's business.

USA signed the GATT treaty and it means they can't sanction individual companies.

-2 ( +4 / -6 )

This isn't Huawei, it's Huawei being used as a proxy by the CCCP, same as they use all Chinese corporations operating overseas.

2 ( +5 / -3 )

Edward Snowden in 2013, provided undeniable evidence that the US government NSA, is and has the capability to spy on all its citizens and many of its ALLIES. The only result that came about this revelation was Snowden becoming internationally wanted and hunted.

This is propaganda to slow down Huawei from dominanting 5g technology market share as they have a huge lead over all other competitors.

3 ( +5 / -2 )

Chance of winning = 0 in my opinion.

2 ( +2 / -0 )

I don't understand how any company can force any government to do business with it.

Well, we still don't know if they can force the government. That's what this lawsuit will determine.

4 ( +4 / -0 )

Little to no chance of success.

2 ( +2 / -0 )

lol this is funny, ALL Huawei products stalks you, their phones, laptops, telecom services. Soon with 5G (if you do not know much about 5G, google it) 5G in a nutshell will connect all your devices, Huawei is already getting ready for the telecom services and their new phone models will record every keystroke you do on your phone. Sue them for what? everyone knows your products stalks people.. the CFO should have life in prison. She broke the international law on trade to a country with high tarrifs, serve the consequence and stop selling Huawei in Japan, luckily our gov did not sign any contracts for your cheap spyware telecom towers and services, your phones here are already exposed and your laptops. Bic camera and Yodobashi will slowly close your products down soon enough.

4 ( +7 / -3 )

Classic, use the systems of freedom against the system of freedoms, would be smart if you understood that the system of freedoms are there to protect actions from states that are non complience with such BASIC novelties as freedom. It's as simple as the government wants white socks because they make white socks, anything different is subversive and a trip to a re education camp.

-1 ( +2 / -3 )

I don't understand how any company can force any government to do business with it.

8 ( +11 / -3 )

Huawei is the dog which caught the car. The company can protest, but the US government has broad discretion on which companies it chooses to deal with. More importantly, information demanded during the discovery phase will likely prove very uncomfortable for the company.

10 ( +13 / -3 )

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