Posted on 03/07/2019 10:26:08 AM PST by SeekAndFind
Shenzhen, China - Chinese tech giant Huawei is challenging a U.S. law that labels the company a security risk and would limit its access to the American market for telecom equipment.
Huawei Technologies' lawsuit, announced Thursday, asks a federal court to reject as unconstitutional a portion of this year's U.S. military appropriations act that bars the government and its contractors from using Huawei equipment.
It comes as the biggest global maker of network gear fights a U.S. campaign to persuade allies to shun Huawei. That effort threatens to block access to major markets as phone carriers prepare to invest billions of dollars in next-generation, 5G networks.
The complaint, filed in Plano, Texas, the headquarters of Huawei's U.S. operations, cites the framers of the U.S. Constitution, including Alexander Hamilton and James Madison, in arguing that the law in question violates the constitutional separation of powers, denies due process and amounts to a "Bill of Attainder" that singles out a specific entity for adverse treatment.
It says the law causes the company "concrete and particularized injury, and imminent future injury" and subjects it to a "burden that is severe, permanent and inescapable" that amounts to a corporate "death penalty."
Huawei, China's first global tech brand, is at the center of U.S.-Chinese tensions over technology competition and cyberspying. The company has spent years trying to put to rest accusations it facilitates Chinese spying or is controlled by the ruling Communist Party.
Increasingly, both sides appear to be resorting to courts to press their cases.
"We are compelled to take this legal action as a proper and last resort," the company's rotating chairman, Guo Ping, said at a news conference. Guo said the ban would limit competition, slowing the rollout of fifth-generation communications and raising consumer prices.
(Excerpt) Read more at cbsnews.com ...
Isn’t is amazing how those who don’t understand or believe in our Constitution (China, Huawei, Democrats etc) always want to use it and site it for their own purposes and gain.
Ok, so remove all the PLA malware and backdoors and get back to us. Perhaps then, after a full evaluation, we can re-evaluate whether your products can be used here.
Also, keep all the spies home. I realize that empty out all your facilities in the continental US and will leave you with a few US born interns and one or two Indian programmers, but it’s a cross you must bear.
11th amendment. Sovereign immunity, throw it out.
I own some Cisco stock, and I know that some of their tech was stolen by Hawuai
Part owned by China their military has put spyware in these Product.
The internet will be infested with malware if 5g Chinese
hardware and software gets large rollout.
Qualcomm chips will be safe and the US govt is giving our own 5G supplier a hard time and we need them.
https://en.wikipedia.org/wiki/Bill_of_attainder
They’re crazy.
Looking to make a splash, knowing they will not prevail.
Especially on a National Security matter.
It’s Constitutional Rights for Espionage ,LOL
The Constitution doesn’t apply to companies, stupid.
“The Constitution doesn’t apply to companies, stupid. “
The Bill of Rights does not.
But the Constitution applies to all US entities.
So, companies can vote and run for president? And this is especially true of 51%+ China-country owned companies?
Nope.
Article I specifies how the Congress may treat any/all commercial entities in matters of regulation, taxation, Bills Of Attainder etc.
Your allusion to companies running for POTUS is a complete non sequitor.
Besides the crimes that this company was committing. Need I actually have to say that the Chinese company named Huawei does not have any rights under the US constitution.
This is the part they laugh about over Mah Jongg.
They flout our laws, we object, they sue, we let them.
Constitution as suicide pact.
Shakespeare was right.
The judge will grant it.
Confucian saying: “Bite one dirty Chinese company on behind and many howl with pain...dam dat Trump guy.”
I first read it as “Hawaii” and had a smirk going...turned into a grin when I realized what President Trump is doing to China....another Confucian saying: “Payback can be a bitch.”
Isn’t is amazing how those who don’t understand or believe in our Constitution (China, Huawei, Democrats etc) always want to use it and site it for their own purposes and gain.
Oh, I think they understand it well enough...
In American you are INNOCENT until PROVEN guilty.
The moment you start treating someone or something as guilty, when their guilt hasn’t been determined in a court of law, you are breaking the law and violating THEIR rights.
Witness Citizens United. Regardless of what one thinks of it....
Banning their equipments causes them injury. Haha. Nice try.
Would trust them to actually do it?
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