There's no Huawei on Earth we're a national security threat, Chinese giant tells US appeals court
(2021/02/10)
- Reference: 1612918465
- News link: https://www.theregister.co.uk/2021/02/10/huawei_us_security/
- Source link:
Huawei is appealing against a decision by America’s comms watchdog to designate the Chinese giant a “national security threat."
In June, the FCC issued [1]an order that forbids US companies from using an $8.3bn subsidy – the regulator's Universal Service Fund – to buy Huawei-made gear. Products made by ZTE, a Chinese state-owned telecom kit maker, are also on the verboten list.
[2]
America's telcos tap into that funding, and so the spending ban effectively cut off the pair of manufacturers from those buyers. It was argued by the FCC and the US government that the Chinese gear cannot be trusted as Beijing may have backdoored it. Huawei and ZTE make routers, base stations, switches, and related systems for cellular, corporate, and home networks – including upcoming 5G networks – among other things like smartphones.
[3]Huawei and [4]ZTE sought an official review of the order, and those requests were denied.
[5]
As Huawei's semiconductor purchases slip, its founder tries a new tactic: Flattery [6]READ MORE
Now, Huawei has turned to the US Fifth Circuit Court of Appeals. The mega-corp's lawyers filed a petition
Ajit Pai, ex-boss of the FCC, [8]previously said “both companies have close ties to the Chinese Communist Party and China’s military apparatus, and both companies are broadly subject to Chinese law obligating them to cooperate with the country’s intelligence services. We cannot and will not allow the Chinese Communist Party to exploit network vulnerabilities and compromise our critical communications infrastructure."
We'll see if [9]his replacement , Jessica Rosenworcel, agrees.
In the appeal paperwork, Huawei said the FCC’s order “potentially impacts the financial interests of the telecommunications industry as a whole,” preventing American network giants and businesses from providing broadband connection for the internet, mobile phones, and landlines.
“Last year the FCC issued a final designation identifying Huawei as a national security threat based on a substantial body of evidence developed by the FCC and numerous US national security agencies,” an FCC spokesperson told The Register in a statement: “We will continue to defend that decision."
[10]
Huawei was not immediately available for further comment. ®
Get our [11]Tech Resources
[1] https://www.fcc.gov/document/fcc-designates-huawei-and-zte-national-security-threats
[2] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_datacentre/networks&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=2&c=2YCNoX7TGXGrz-0Jd9JUprAAAAJY&t=ct%3Dns%26unitnum%3D2%26raptor%3Dcondor%26pos%3Dtop%26test%3D0
[3] https://www.theregister.com/2020/12/11/fcc_huawei_china_telecom/
[4] https://www.theregister.com/2020/11/25/the_fcc_rejects_ztes_petition/
[5] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_datacentre/networks&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=3&c=33YCNoX7TGXGrz-0Jd9JUprAAAAJY&t=ct%3Dns%26unitnum%3D3%26raptor%3Deagle%26pos%3Dmid%26test%3D0
[6] https://www.theregister.com/2021/02/09/huawei_semiconductor_plunge/
[7] https://regmedia.co.uk/2021/02/09/huawei.pdf
[8] https://www.fcc.gov/document/fcc-designates-huawei-and-zte-national-security-threats
[9] https://www.theregister.com/2021/01/21/rosenworcel_fcc/
[10] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_datacentre/networks&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=4&c=44YCNoX7TGXGrz-0Jd9JUprAAAAJY&t=ct%3Dns%26unitnum%3D4%26raptor%3Dfalcon%26pos%3Dmid%26test%3D0
[11] https://whitepapers.theregister.com/
In June, the FCC issued [1]an order that forbids US companies from using an $8.3bn subsidy – the regulator's Universal Service Fund – to buy Huawei-made gear. Products made by ZTE, a Chinese state-owned telecom kit maker, are also on the verboten list.
[2]
America's telcos tap into that funding, and so the spending ban effectively cut off the pair of manufacturers from those buyers. It was argued by the FCC and the US government that the Chinese gear cannot be trusted as Beijing may have backdoored it. Huawei and ZTE make routers, base stations, switches, and related systems for cellular, corporate, and home networks – including upcoming 5G networks – among other things like smartphones.
[3]Huawei and [4]ZTE sought an official review of the order, and those requests were denied.
[5]
As Huawei's semiconductor purchases slip, its founder tries a new tactic: Flattery [6]READ MORE
Now, Huawei has turned to the US Fifth Circuit Court of Appeals. The mega-corp's lawyers filed a petition
[7]PDF
on Monday to overturn its status as a national security threat. The document accused the FCC of exceeding its statutory authority, and claimed the order “violates federal law and the Constitution; is arbitrary, capricious, and an abuse of discretion, and not supported by substantial evidence.”Ajit Pai, ex-boss of the FCC, [8]previously said “both companies have close ties to the Chinese Communist Party and China’s military apparatus, and both companies are broadly subject to Chinese law obligating them to cooperate with the country’s intelligence services. We cannot and will not allow the Chinese Communist Party to exploit network vulnerabilities and compromise our critical communications infrastructure."
We'll see if [9]his replacement , Jessica Rosenworcel, agrees.
In the appeal paperwork, Huawei said the FCC’s order “potentially impacts the financial interests of the telecommunications industry as a whole,” preventing American network giants and businesses from providing broadband connection for the internet, mobile phones, and landlines.
“Last year the FCC issued a final designation identifying Huawei as a national security threat based on a substantial body of evidence developed by the FCC and numerous US national security agencies,” an FCC spokesperson told The Register in a statement: “We will continue to defend that decision."
[10]
Huawei was not immediately available for further comment. ®
Get our [11]Tech Resources
[1] https://www.fcc.gov/document/fcc-designates-huawei-and-zte-national-security-threats
[2] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_datacentre/networks&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=2&c=2YCNoX7TGXGrz-0Jd9JUprAAAAJY&t=ct%3Dns%26unitnum%3D2%26raptor%3Dcondor%26pos%3Dtop%26test%3D0
[3] https://www.theregister.com/2020/12/11/fcc_huawei_china_telecom/
[4] https://www.theregister.com/2020/11/25/the_fcc_rejects_ztes_petition/
[5] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_datacentre/networks&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=3&c=33YCNoX7TGXGrz-0Jd9JUprAAAAJY&t=ct%3Dns%26unitnum%3D3%26raptor%3Deagle%26pos%3Dmid%26test%3D0
[6] https://www.theregister.com/2021/02/09/huawei_semiconductor_plunge/
[7] https://regmedia.co.uk/2021/02/09/huawei.pdf
[8] https://www.fcc.gov/document/fcc-designates-huawei-and-zte-national-security-threats
[9] https://www.theregister.com/2021/01/21/rosenworcel_fcc/
[10] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_datacentre/networks&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=4&c=44YCNoX7TGXGrz-0Jd9JUprAAAAJY&t=ct%3Dns%26unitnum%3D4%26raptor%3Dfalcon%26pos%3Dmid%26test%3D0
[11] https://whitepapers.theregister.com/
Re: Huawei will this end?
sanmigueelbeer
China didn't use the national security argument to ban, say, Boeing
Not sure where you are in the globe but China has been using different "methods" of banning products originating from Australia (as punishment).
In press releases, China announced [1]a ban of Australian cherries , however, some growers claim their Chinese importers are saying the opposite. China has made big headlines by announcing a ban of Australian coals, however, the coal miners were able to quickly divert the coal shipments to other countries at even higher prices.
China is not dumb. Presently, China's home-grown Comac C919 is still being tested and evaluated. The certificate of airworthiness will be released some time this year. Boeing and Airbus has, in my opinion, three years before China demands all local companies to buy Comac.
[1] https://www.9news.com.au/national/china-trade-dispute-cherry-exporters-targeted/9f734bf9-ba2f-4259-bce0-758ff0913cc3
Huawei will this end?
Huawei's situation has always seemed to be protectionism in the guise of national security driven by Trump and his minions. Extensive reviews of its kit in Europe turned up no threat (other than its buggy code which, if that counts, would make Windows an even bigger national security threat).
The US should be grateful that China didn't use the national security argument to ban, say, Boeing which has extensive ties to the US military and which, before the 737-MAX and the pandemic was shipping about a quarter of it's planes to China.
National security has become an excuse which is used too often.