Today, Huaweis decision to sue the Canadian government over the Meng Wanzhou case has attracted many peoples attention at home and abroad. But this does not seem to be the only legal action Huawei is prepared to take to safeguard its rights and interests.
Just now, many foreign media, such as the New York Times and Reuters, declared that Huawei was also ready to sue the U.S. government.
According to the New York Times, which first reported the incident, Huawei is preparing to take the U.S. government to court in Texas, where its U.S. headquarters is located, against a clause in the Defense Authorization Act passed by the U.S. Congress last year and signed by the White House. The regulation prohibits federal government agencies from using technology from Huawei and another Chinese telecommunications company.
The New York Times also quoted sources as saying that Huawei was prepared to litigate in court on the grounds that the U.S. governments actions against Huawei constituted a deprivation of public rights act, i.e. the provisions of the bill constituted a clear pre-trial judgment for Huawei, while the U.S. Constitution prohibited the U.S. Congress from passing such a law.
In other words, Huawei believes that it is against the U.S. Constitution to prohibit federal agencies from using technology from Chinese enterprises such as Huawei.
However, the New York Times also pointed out in its report that Huawei was not the first foreign company to sue the U.S. government in this way. Kaspersky, a well-known software company from Russia, has previously been blocked by the U.S. government on the grounds of spy, sued the U.S. government on the same grounds, believing that the blockade of Kaspersky is against the U.S. Constitution.
However, Kaspersky eventually lost the case and subsequent appeals. According to the New York Times, U.S. courts held that the reason for the governments blockade of Kaspersky was to protect the computer system of the United States from Russian intrusion, and that the U.S. Congress had sufficient legitimacy to pass laws to block the Russian company.
At the same time, the U.S. court also held that because Kasperskys share in the United States is very small, and the blockade of Kaspersky did not cause substantial harm to the Russian enterprise, so the blockade of Kaspersky is only a preventive measure rather than a punitive and does not constitute unconstitutional.
Finally, the latest Reuters report confirms the New York Timess statement and says neither the U.S. government nor Huawei has responded to the report. But Huawei is ready to invite the international media again on Thursday to a press conference at its Shenzhen headquarters.
Reuters also believes that from prosecuting the Canadian government to prosecuting the U.S. government, Huaweis recent legal actions appear to have launched a counterattack against the U.S. government by launching its allies to block Huawei.
Source: Global Times - Global Network. More exciting, please log on to the World Wide Web http://www.huanqiu.com responsible editor: Wang Zheng_N7526