China's Huawei sues U.S. government over ban

Some countries such as the United States, Australia and New Zealand believe the company is a security threat and have already banned Huawei from their roll out of next generation mobile communications networks.

Others, including Britain, Canada and Germany, are still weighing a decision. At the same time, Huawei chief financial officer Meng Wanzhouis facing extradition to the United States from Canada over violations of U.S. sanctions on Iran.

With Huawei fighting a battle on multiple fronts, the lawsuit is as much about public relations as it is an effort to clear itself of accusations that it is a security threat.

Legal analysts said it is unlikely the case will even go to trial.

As a PR matter, this is brilliant, the fact that we are just talking about this now, tells you this is a great PR move, as a legal matter, this is a reach, to put it charitably,” said David Law, a professor of political science and law at Washington University in St. Louis and law at the University of Hong Kong. “I just can’t see how a federal district judge in Texas is going to let this go to trial much less hand Huawei a win.”

The case could put more pressure on the U.S. government to disclose more evidence to support its claims about the security threat the company poses, according to some legal analysts. That could help Huawei in the process, said Calvin Yang, director of the Taiwan Bar Association’s intellectual property commission.

I think this is a move that carries more political weight than any litigation significance,” Yang said, adding that the company’s case was more about challenging the legitimacy of U.S. accusations. “It’s using judicial procedure to force the federal government to provide more evidence to support its allegations of so-called backdoors in Huawei’s equipment.”

Some legal analysts have noted that Huawei’s case is similar to the legal battle Russian cybersecurity firm Kaspersky lost late last year. Kaspersky challenged a ban on the use of its software on U.S. government networks, but last November, a federal appeals court ruled in favor of the federal government.

Whether that will figure into the case is too early to tell, and that is if it goes to trial, legal analysts note.

When it comes to national security concerns, they add that courts are unlikely to probe too deeply into those questions.

This article is published courtesy of the Voice of America (VOA)