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Huawei asks U.S. court to declare blacklist unconstitutional

By Nicholas Sakelaris
Chinese customers shop at a Huawei store in Beijing, China, on May 20. Photo by Stephen Shaver/UPI
Chinese customers shop at a Huawei store in Beijing, China, on May 20. Photo by Stephen Shaver/UPI | License Photo

May 29 (UPI) -- Chinese smartphone maker Huawei asked a U.S. court Wednesday to strike down a federal ban against its products, which the government says is based on national security concerns.

Huawei filed a motion in U.S. district court in Texas Wednesday challenging the constitutionality of the ban, which prohibits federal agencies from buying Huawei devices. The company first filed suit in March.

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Huawei officials have denied claims that their products pose a security threat, and said the ban sets a dangerous precedent.

"Politicians in the U.S. are using the strength of an entire nation to come after a private company," Huawei chief legal officer Song Liuping said in a statement. "This is not normal. Almost never seen in history. There is no gun, no smoke. Only speculation."

Hauwei has been accused of secretly using its equipment for espionage and profiting from stolen intellectual property. The National Defense Authorization Act prohibits Huawei from selling telecommunication gear in the United States.

Suppliers like Google and ARM Holdings have also been forced to cut ties with Huawei, and the row has led British and Japanese carriers to delay the launch of new Huawei smartphones.

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Song said the U.S. blacklist could affect"more than 3 billion customers" of Huawei in 170 countries.

"Today it's telecoms and Huawei. Tomorrow it could be your industry, your company, your consumers," Song said. "Connectivity is a basic human right, and the U.S. government is putting their rights at risk."

U.S. President Donald Trump issued an executive order prohibiting U.S. firms from using telecom services owned, controlled or directed by a foreign adversary. Last year, devices made by Huawei and fellow Chinese smartphone maker ZTE were barred from U.S. military bases worldwide.

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