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Huawei just upped its legal battle against the US over federal ban



Huawei escalated its legal battle against the US on Wednesday, calling on the US courts to rule that the federal government ban of the Chinese tech giant is unconstitutional.

Huawei has become ensnared in mounting trade tensions between the US and China. US officials have long voiced concerns that Huawei technology could be used as a backdoor for Chinese government espionage — allegations that Huawei has repeatedly denied.

In March, Huawei filed a lawsuit against the US government over recent legislation which bans US government agencies from buying or using Huawei equipment.

The suit zeroes in a law known as the The National Defense Authorization Act, or NDAA, which specifies the annual budget and policies of the US Department of Defense and the agencies which operate under it. A provision known as Section 889 was signed into law by President Donald Trump in August, and prohibits the use of equipment or services explicitly from Huawei to any federal agencies or their contractors.

Read more: Here are the Huawei products at risk thanks to Trump’s ban and the brewing tech Cold War

Song Liuping, Huawei’s chief legal officer, said in a press conference in Shenzen on Wednesday local time that the US is using legislative action against the company in an attempt to put it out of business.

“Politicians in the US are using the strength of an entire nation to come after a private company,” Song said during the conference. “This is not normal. Almost never seen in history.”

He added that the US has not provided evidence to back up claims that Huawei poses a national security threat. “There is no gun, no smoke. Only speculation.”

During the press conference, the company announced that it filed a motion for summary judgment of its case against the US, seeking a ruling that Section 889 of the NDAA as unconstitutional. According to CNBC, the motion was filed in the Eastern District of Texas court.

Huawei also called on the US to “halt its state-sanctioned campaign” against the company, stating that a US ban will do nothing to increase American cybersecurity.

Friction between the Trump administration and Huawei heightened this month, after the US Department of Commerce added Huawei to a trade blacklist, which prevents the company from buying parts and components from American companies without US government approval. The move could have a dramatic effect on Huawei’s operations, as the company relies heavily on US parts.

Song addressed the US trade blacklist, which has been postponed for 90 days, in his comments to the press, saying that the move sets a “dangerous precedent” for other companies and industries.

The placement of Huawei on the US trade blacklist has led to many major US tech companies and suppliers — including Google— to cut its ties and a flow of critical software to the company.

Huawei CEO Ren Zhengfei responded to the clashes between Huawei and US tech companies, telling Chinese media that the company is “ fully prepared” for a clash with the US, which he considers inevitable as the company works towards becoming a global tech leader.

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