Huawei steps up legal fight against US bans

Stefan Mileschin · 31st May 2019, 08:12

Punishing someone without a trial or evidence is unconstitutional

Huawei is stepping up its fight against American bans. The tech giant has motioned for summary judgment in its lawsuit to invalidate Section 889 of the 2019 National Defense Authorisation Act, arguing that it violates the "Bill of Attainder, Due Process and Vesting" clauses of the US Constitution.

Huawei's Song Liuping said the law explicitly bans Huawei by name despite "no evidence" of a security risk and bans third-party contractors who buy from Huawei even when there's no link to the US government.

The company also pre-emptively tried to dismiss claims that there are facts up for dispute. This is a simple "matter of law", according to lead counsel Glen Nager.

A hearing on the motion is due September 19. Even if it wins it will not get Huawei off the Commerce Department's Entities List, which forced US companies to stop doing business with the Chinese firm.

It could also push the US to provide evidence to support the measure.

https://fudzilla.com/news/48787-huaw...gainst-us-bans

31st May 2019, 08:12	#1
Stefan Mileschin [M] Reviewer Join Date: May 2010 Location: Romania Posts: 153,541	Huawei steps up legal fight against US bans Punishing someone without a trial or evidence is unconstitutional Huawei is stepping up its fight against American bans. The tech giant has motioned for summary judgment in its lawsuit to invalidate Section 889 of the 2019 National Defense Authorisation Act, arguing that it violates the "Bill of Attainder, Due Process and Vesting" clauses of the US Constitution. Huawei's Song Liuping said the law explicitly bans Huawei by name despite "no evidence" of a security risk and bans third-party contractors who buy from Huawei even when there's no link to the US government. The company also pre-emptively tried to dismiss claims that there are facts up for dispute. This is a simple "matter of law", according to lead counsel Glen Nager. A hearing on the motion is due September 19. Even if it wins it will not get Huawei off the Commerce Department's Entities List, which forced US companies to stop doing business with the Chinese firm. It could also push the US to provide evidence to support the measure. https://fudzilla.com/news/48787-huaw...gainst-us-bans

Similar Threads
Thread	Thread Starter	Forum	Replies	Last Post
IEEE bans Huawei scientists from reviewing papers	Stefan Mileschin	WebNews	0	31st May 2019 08:08
'Doom' co-creator John Carmack ends legal fight with ZeniMax	Stefan Mileschin	WebNews	0	13th October 2018 16:47
US bans government personnel from using Huawei and ZTE devices	Stefan Mileschin	WebNews	0	15th August 2018 06:41
IBM steps up AI efforts	Stefan Mileschin	WebNews	0	14th June 2018 12:56
Pentagon bans Huawei, ZTE phones from military base retailers	Stefan Mileschin	WebNews	0	3rd May 2018 14:25
AMD looking for a legal fight with Nvidia	Stefan Mileschin	WebNews	0	24th April 2018 10:49
Huawei's fight to fix its image and conquer the smartphone world	Stefan Mileschin	WebNews	0	8th September 2015 11:04
Toshiba CEO steps down	Stefan Mileschin	WebNews	0	16th July 2015 09:21
Huawei to fight HTC and Nokia with its own WP8 devices	Stefan Mileschin	WebNews	0	24th September 2012 07:56
Artist Releases A Blank CD-R Due To Legal Fight With EMI	jmke	WebNews	1	17th May 2009 09:14