+ Wednesday October 23rd, 2019

Huawei’s listing on the US Department of Commerce Entity List was enough to prevent the Chinese company from buying anything from America, and recent court filings indicate that the basis for the listing might have been little more than a “we think they might” engage in spying.

The ban led to Huawei commencing proceedings in the United States federal court system, seeking a declaration that Huawei’s inclusion in the Entity List was unlawful and improper. While the ban might ultimately push Huawei to decrease (and ultimately end) its reliance on American products, there’s one thing it can’t really get away without for now, and that’s Android. Hence, the court action to (amongst other things) secure access to Android going forward.

Huawei’s lawsuit challenges the legislative implementation of the US’ Huawei ban, saying that it amounted to Congress passing a so-called “bill of attainder” against Huawei, even though such a bill is prohibited. Congress is not supposed to use its power to single out companies or individuals for punishment, so the law says, and thus the US move is unlawful.

The US Government has filed a response to the claim, which – the New York Times reports – amounts to little more than a “so what?”. Specifically, the Times reports that even the mere potential for Huawei to act as a proxy for China’s state security apparatus is reason enough for the US to ban the company’s phones and other technology.

How will this all end up? Well, it could go a couple of ways:

  • The Trump Administration removes the Entity Listing for Huawei, and the problem – largely – just goes away
  • The listing remains, and Huawei succeeds in its court action, which again largely solves the problem
  • The listing remains and Huawei is unsuccessful, meaning it has to push forward with its own solutions

With news of a Huawei Developer Conference coming up next month, it seems as if Huawei’s hoping for the best but planning for the worst, forging ahead with development of its own mobile operating system.

Source: New York Times.

Chris Rowland   Managing Editor

Chris Rowland

Chris has been at the forefront of smartphone reporting in Australia since smartphones were a thing, and has used mobile phones since they came with giant lead-acid batteries that were "transportable" and were carried in a shoulder bag.

Today, Chris publishes one of Australia's most popular technology websites, Ausdroid. His interests include mobile (of course), as well as connected technology and how it can make all our lives easier.

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Tibb So
Ausdroid Reader
Tibb So

There is no MIGHT spy. In China, you do exactly as the Dictatorship TELLS YOU TO DO. All Chinese companies WILL SPY WHEN TOLD TO, no exceptions. Huawei, Oppo, OnePlus, Lenovo/Motorola – all of them will spy when told to.

If you don’t do exactly as you are told to do, you disappear and likely become an unwilling organ donor or rot in a dungeon. North Korea and China have very similar leaders.

chris
Guest
chris

You know what we don’t need your comments. Please go away.

Joshua Hill
Ausdroid Reader

Tibb So been posting the same here for a while now. Soon as I see the name I’ve got the gist of the comment. No need to waste your time reading it 😉

Tibb So
Ausdroid Reader
Tibb So

Which part of my comments offend you? Is it speaking up against the vile human rights abuses of the Chinese Dictatorship? Or is it the way I continually associate companies like Huawei, etc. with the Chinese Dictatorship that is known for being evil? Ren Zhengfei and other CEOs of these Chinese Companies must be fully aware of the atrocities being committed by the leaders of the country they choose to continue to base their businesses in. These CEO’s choose money over caring about their fellow citizens. Huawei certainly has the resources to pivot it’s business base away from China but… Read more »

Joshua Hill
Ausdroid Reader

Do you have evidence that the Chinese govt. has asked Huawei to spy? If not what is the point of your first very emphatic post full of SHOUTING!!! As I replied to Ben here as every Chinese company might spy they should all be banned accoding to Trump’s logic. That would be a ridiculous situation. So I ask again what was the point of your comment given the context of this article in which you posted it? You don’t offend me. Your posts are off topic/irrelevant to topic, use hyperbole (are silly), etc. In general they are not accurate. I… Read more »

Tibb So
Ausdroid Reader
Tibb So

What part of WILL SPY WHEN TOLD TO reads as the Chinese Gov’t asked anyone to spy? The Chinese Gov’t does not ask any of it’s citizens or companies to do anything – it tells them they will do it or else.

Off topic? This whole article is about SPYING.

Here’s a comment you should understand….

Ooh look over there, a shiny object!

Berto
Guest
Berto

Which part of my comments offend you? Is it speaking up against the vile human rights abuses of the Chinese Dictatorship? Or it the way I continually associate companies like Huawei, etc. with the Chinese Dictatorship that is known for being evil? Ren Zhengfei and other CEOs of these Chinese Companies must be fully aware of the atrocities being committed by the leaders of the country they choose to continue to base their businesses in. These CEO’s choose money over caring about their fellow citizens. Huawei certainly has the resources to pivot it’s business base away from China but chooses… Read more »

Ben
Guest
Ben

Might? It’s more along the lines of ‘almost certainly would, if given the opportunity’.

Joshua Hill
Ausdroid Reader

You mean like any company would spy on their competitor. The supposed issue here is that Huawei might give any info from spying to the Chinese govt. As all Chinese companies might do this and that is all that you need to be banned apparently then all chinese companies should be placed on the entity list.

Don’t think you thought through your comment or its implications as such a situation is clearly ridiculous as was the initial placing of Huawei on the entity list.

Ben
Guest
Ben

Come off the grass. Do you think that an Australian Company would spy on anyone on behalf of the Australian Government? The main issue is that most of the big companies in China are closely linked with the Communist Party Dictatorship, so yes every large Chinese Company should be treated with caution and steps taken by Western Democracies to limit the potential damage of spying. That doesn’t mean an automatic ban on all of them but the application of common sense. This shot across China’s bow by Trump is a probably a good thing in the long run if they… Read more »

Joshua Hill
Ausdroid Reader

I said any company would spy given the chance.
I didn’t say that any company would spy for their govt. I made it clear they where spying against their competitors but Chinese companies might pass on information to their govt. So why the Australian business passing on info to the govt question? It looks like you haven’t even accurately comprehended what I wrote!

As you couldn’t even read and understand the first point in my response I won’t bother replying to any of your other points.

Have a re-read of what I actually wrote and what you did 😉

Ben
Guest
Ben

Yeah no thanks smartass.

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