Huawei to sue US government to overturn its ban as unconstitutional
Huawei has filed a suit against the government of the United States as it seeks to overturn its ban through the National Defense Authorization Act (NDAA).
Filed in the US Federal Court, Huawei rotating chair Guo Ping said in Shenzhen on Thursday that the company is seeking a declaratory judgment that the NDAA restrictions were unconstitutional, as well as a permanent injunction against the restrictions.
“The US government has long branded Huawei a threat. It has hacked our servers and stolen our emails and source code,” Guo Ping said. “Despite this, the US government has never provided any evidence supporting their accusations that Huawei poses a cybersecurity threat.
“Still, the US government is sparing no effort to smear the company and mislead the public about Huawei. Even worse, the US government is trying to block us from the 5G markets in other countries.”
In his speech, the Huawei chair alluded to a tweet from US President Trump that called on US companies to develop 6G, and “win through competition, not by blocking out” more advanced competition.
“Other countries are rightly resisting the US government’s campaign against Huawei, and the US president himself has recently questioned using artificial security reasons to block Huawei,” Guo Ping said.
“We are compelled to take this legal action as a proper and last resort. We look forward to the court’s verdict, and trust that it will benefit both Huawei and the American people.”
The complaint filed by Huawei claims that section 889 of the NDAA not only bars all US government agencies from doing business with Huawei, but also bars third parties that use Huawei equipment.
Read: Bipartisan Bill introduced to ban sale of US tech to Huawei and ZTE
“This violates the Bill of Attainder Clause and the Due Process Clause. It also violates the separation of powers principles enshrined in the US Constitution, because Congress is both making the law, and attempting to adjudicate and execute it,” the company said in a statement.
Huawei chief legal officer Song Liuping said the ban was unconstitutional by singling out the company by name, and was a “purposeful and punitive” attack.
“Huawei has never had a fair chance to confront or cross-examine its accusers. Nor has it been allowed an impartial adjudicator,” Song said.
“The U.S. Congress has simply acted as law-maker, prosecutor, and jury at the same time, contrary to the American Constitution.”
Song added the company was, along with the government, suing agency secretaries bound by section 889, including the Secretary of Agriculture Sonny Perdue and Acting Interior Secretary David Bernhardt.
Huawei also repeated claims that it has never installed backdoors, and that no evidence against it has ever been produced.
In a speech delivered earlier this week in London, former Australian Prime Minister Malcolm Turnbull addressed his nation’s ban on Huawei and ZTE.
Turnbull said the ban instituted in August was not done at the behest of another nation or for protectionist reasons, but because it defended Australia’s sovereignty and as a “hedge against changing times”.
“It is important to remember that a threat is the combination of capability and intent,” he said.
“Capability can take years, decades to develop. And in many cases won’t be attainable at all. But intent can change in a heartbeat.”
Huawei is currently facing a 10-count indictment alleging the company conspired to steal intellectual property from T-Mobile and subsequently obstructed justice, in addition to separate 13-count indictment against the company and its CFO Meng Wanzhou.
Also: Huawei ban sees TPG end rollout of Australian mobile network
“The company denies that it or its subsidiary or affiliate have committed any of the asserted violations of US law set forth in each of the indictments, is not aware of any wrongdoing by Ms Meng, and believes the US courts will ultimately reach the same conclusion,” Huawei said in January.
The US Department of Justice is alleging that Huawei offered bonuses to employees for stealing information, before clarifying to its US employees that such behaviour would be illegal.
“The charges unsealed today clearly allege that Huawei intentionally conspired to steal the intellectual property of an American company in an attempt to undermine the free and fair global marketplace,” FBI Director Christopher Wray said at the time.
“To the detriment of American ingenuity, Huawei continually disregarded the laws of the United States in the hopes of gaining an unfair economic advantage. As the volume of these charges prove, the FBI will not tolerate corrupt businesses that violate the laws that allow American companies and the United States to thrive.”
The United States is alleging that Huawei stole information on a T-Mobile phone-testing robot called Tappy in order to build its own, which included photographing and measuring Tappy, as well as physically stealing a part from it.
“After T-Mobile discovered and interrupted these criminal activities, and then threatened to sue, Huawei produced a report falsely claiming that the theft was the work of rogue actors within the company and not a concerted effort by Huawei corporate entities in the United States and China,” the Department of Justice said.
“As emails obtained in the course of the investigation reveal, the conspiracy to steal secrets from T-Mobile was a company-wide effort involving many engineers and employees within the two charged companies [Huawei and Huawei USA].”
See: Huawei CFO sues Canadian government, police, border force
The indictment involving Meng Wanzhou relates to the relationship between Huawei and its Iranian-affliate Skycom.
“Huawei employees allegedly told banking partners that Huawei had sold its ownership in Skycom, but these claims were false,” United States acting Attorney General Matthew Whitaker said in January.
“In reality, Huawei had sold Skycom to itself.”
Whitaker alleged the company used the false sale to claim it was in compliance with US sanctions on Iran, and hence banks working with the company also violated the sanctions. The acting Attorney-General also alleges Huawei lied to the US government and attempted to obstruct justice by concealing and destroying evidence, and moving potential government witnesses back to China.
On Wednesday, the Vancouver Sun reported the Huawei CFO’s extradition case has been deferred until May 8, where a date for the extradition hearing could be set.
Meng was arrested on December 1 in Vancouver.
Updated at 15:18pm AEDT, March 7, 2019: additional comments added.
China charges two detained Canadians for spying and stealing state secrets
Canadian Prime Minister Trudeau, in response to the charges, has said he is ‘very concerned with this position that China has taken’.
Huawei CFO sues Canadian government, police, border force
The lawsuit alleges that the global Huawei CFO was detained and interrogated by airport customs, and her electronic devices searched, before informing her that she was under arrest.
Huawei pleads not guilty to stealing trade secrets from T-Mobile
A trial has been set for March 2, 2020.
MWC 2019: Huawei builds 5G network across Korea with LG Uplus
LG Uplus has deployed more than 10,000 5G sites across Korea using Huawei technology, providing average mobile speeds of 900Mbps in Seoul.
President Trump: ‘I want 6G in US as soon as possible’
Meanwhile Huawei CEO calls Trump a “great president” as Trump weighs a ban on its 5G tech in mobile networks.
Huawei has big plans for new Singapore cloud region
Chinese tech giant launches new cloud region in Singapore, where it says it is looking to develop into one of its largest outside China and will deliver artificial intelligence capabilities.
10 Apple Vision Pro Features Already Available With Meta Quest
Apple’s headset features a number of high-definition cameras which record the room around you and relay that recording to the device’s impressive screen. As a result, you can see exactly what’s going on in the room, and this can serve as a background to what you’re doing. Once again, however, this innovative feature is already available on Quest headsets, where it is known as Passthrough — although it varies in quality.
Older headsets, like the Quest 1 and Quest 2, use a greyscale Passthrough system, which appears in black and white. The Quest Pro has color Passthrough, though this is the same greyscale system as its predecessors use but with color added before it hits your eyes. As a result, it isn’t what you’d call an HD experience.
That said, the Quest 3 is putting a heavy emphasis on augmented reality and may have a higher-quality Passthrough feature. It may also include the depth sensor that was supposed to be built into the Quest Pro, which will be very useful for augmented reality experiences. Instead of trying to tell the headset where the floor, walls, or tabletops are, the depth sensor can just work it out.
Either way, you can see your surroundings through a Quest headset. In addition, you can also select various environments to work in on the Quest if you hate the things you’re surrounded by in reality — just like you can with the Vision Pro.
Features Of The Eurofighter Typhoon That Make It One Of The Best Fighter Jets Ever Built
Like a lot of military technology, development of the Eurofighter Typhoon began around the Cold War. It was intended as a revolutionary aircraft that would defend Europe as a new time of uncertainty unfolded, as a joint venture between Spain, Germany, Italy, and the United Kingdom.
Equipped with a pair of Eurojet EJ200 afterburning turbofan engines and at a cost of $90 million each, the Eurofighter was also expected to keep pace with the developments such aircraft as the United States’ formidable Lockheed Martin F-22 Raptor, according to Aerocorner. Alas, its fielding was no easy ride: The collaborative nature of development proved difficult to manage, and certain futuristic elements of the aircraft made its development time-consuming and costly. It wasn’t until 2002 that it began serving the U.K., German, Spanish, and Italian militaries, before being purchased by Austria and Saudi Arabia as well.
The Eurofighter Typhoon boasts revolutionary technology to aid in both defensive and offensive endeavors.
Elon Musk Says Tesla Is Open To Licensing Out Autopilot And Other EV Tech
Now, Musk’s offer isn’t a philanthropic endeavor to redeem humanity from the environmental burden of gas-guzzling cars. Licensing only means the automaker that eventually bites will have to pay a fee for every car in which the Autopilot tech is used, just the same way Arm collects royalty for its chip design. But the bigger question is, who will embrace Tesla’s Autopilot and Full Self-Driving (FSD) tech?
In 2016, Musk claimed at a conference that “a Model S and Model X at this point can drive autonomously with greater safety than a person.” Multiple accidents happened in the years that followed, some allegedly due to issues with the Autopilot system in Tesla cars.
Interestingly, when Musk’s claims about Tesla Autopilot tech were brought forth in a lawsuit involving a fatal crash, Musk’s defense argued that those statements were possibly deepfakes. In January, another bombshell allegation dropped in which it was claimed that early promotional videos for the self-driving tech weren’t real, but staged. In light of these things, there’s a big question with no clear answer: given Tesla’s checkered track record with its in-house Autopilot tech, would any rival EV maker be willing to utilize the system in its own cars?
The MacBook Air gets bigger with new 15-inch model
The color options (left to right): midnight, starlight, space gray, and silver. Apple The 15-inch MacBook Air. Port selection. Apple...
Mass exploitation of critical MOVEit flaw is ransacking orgs big and small
Getty Images Organizations big and small are falling prey to the mass exploitation of a critical vulnerability in a widely...
10 Apple Vision Pro Features Already Available With Meta Quest
Apple’s headset features a number of high-definition cameras which record the room around you and relay that recording to the...
As rumored, the Mac Studio gets an M2 refresh, including fused-together M2 Ultra
Enlarge / Apple’s new Mac Studio offers the M2 Ultra chip, which, like its M1 counterpart, provides vastly greater computing...
The BMW XM’s Boldest And Brightest New Options, Ranked
Thank heavens BMW resisted the urge to grab the new XM with eye-searing paint colors. Instead, it has the typical...
Social1 year ago
Web.com website builder review
Social3 years ago
CrashPlan for Small Business Review
Gadgets5 years ago
A fictional Facebook Portal videochat with Mark Zuckerberg – TechCrunch
Cars4 years ago
What’s the best cloud storage for you?
Social5 years ago
iPhone XS priciest yet in South Korea
Mobile5 years ago
Memory raises $5M to bring AI to time tracking – TechCrunch
Security4 years ago
Google latest cloud to be Australian government certified
Social5 years ago
Apple’s new iPad Pro aims to keep enterprise momentum