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Huawei Sues U.S. Government Over What It Calls an Unfair Ban


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The New York Times
SOURCE: https://www.nytimes.com/2019/03/06/business/huawei-united-states-trade-lawsuit.html
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Summary

AdvertisementSupported byBy Paul Mozur and Austin RamzyHONG KONG — The Chinese electronics giant Huawei sued the United States government on Wednesday, arguing that it had been unfairly and incorrectly banned as a security threat.The lawsuit will force the government to make its case against the company more public, but it could also leave Huawei vulnerable to deeper scrutiny of its business practices and relationship with the Chinese government.The United States has argued that Huawei poses a risk because its equipment could be used by the Chinese authorities to spy on communications and disrupt telecommunications networks. Weeks later, China suspended trade talks with Norway and then halted the import of Norwegian salmon after the Nobel Peace Prize was awarded to a Chinese dissident by a Norwegian committee.Huawei’s lawsuit argues that by singling out the company, Congress has violated constitutional principles on the separation of powers and also the bill of attainder clause, which prohibits legislation that singles out a person or entity for punishment without trial.“The actual and intended effect of these prohibitions is to bar Huawei from significant segments of the U.S. market for telecommunications equipment and services, thereby inflicting immediate and ongoing economic, competitive, and reputational harms on Huawei,” the company’s lawyers wrote in the suit.They added that the prohibitions have been carried out without “a fair hearing or the opportunity to rebut the allegations against it, and without opportunity for escape.”The Russian cybersecurity firm Kaspersky Lab filed, and ultimately lost, a similar legal challenge two years ago.

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