There's no Huawei on Earth we're a national security threat, Chinese giant tells US appeals court

FCC says it will defend Pai-era decision to cut off mega-corp from American business


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 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.

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.

Huawei and ZTE sought an official review of the order, and those requests were denied.

Huawei store in China with fallen promotional inflatable character on the ground

As Huawei's semiconductor purchases slip, its founder tries a new tactic: Flattery

READ MORE

Now, Huawei has turned to the US Fifth Circuit Court of Appeals. The mega-corp's lawyers filed a petition [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, 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 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."

Huawei was not immediately available for further comment. ®

Similar topics

Narrower topics


Other stories you might like

  • Experts: AI should be recognized as inventors in patent law
    Plus: Police release deepfake of murdered teen in cold case, and more

    In-brief Governments around the world should pass intellectual property laws that grant rights to AI systems, two academics at the University of New South Wales in Australia argued.

    Alexandra George, and Toby Walsh, professors of law and AI, respectively, believe failing to recognize machines as inventors could have long-lasting impacts on economies and societies. 

    "If courts and governments decide that AI-made inventions cannot be patented, the implications could be huge," they wrote in a comment article published in Nature. "Funders and businesses would be less incentivized to pursue useful research using AI inventors when a return on their investment could be limited. Society could miss out on the development of worthwhile and life-saving inventions."

    Continue reading
  • Declassified and released: More secret files on US govt's emergency doomsday powers
    Nuke incoming? Quick break out the plans for rationing, censorship, property seizures, and more

    More papers describing the orders and messages the US President can issue in the event of apocalyptic crises, such as a devastating nuclear attack, have been declassified and released for all to see.

    These government files are part of a larger collection of records that discuss the nature, reach, and use of secret Presidential Emergency Action Documents: these are executive orders, announcements, and statements to Congress that are all ready to sign and send out as soon as a doomsday scenario occurs. PEADs are supposed to give America's commander-in-chief immediate extraordinary powers to overcome extraordinary events.

    PEADs have never been declassified or revealed before. They remain hush-hush, and their exact details are not publicly known.

    Continue reading
  • Stolen university credentials up for sale by Russian crooks, FBI warns
    Forget dark-web souks, thousands of these are already being traded on public bazaars

    Russian crooks are selling network credentials and virtual private network access for a "multitude" of US universities and colleges on criminal marketplaces, according to the FBI.

    According to a warning issued on Thursday, these stolen credentials sell for thousands of dollars on both dark web and public internet forums, and could lead to subsequent cyberattacks against individual employees or the schools themselves.

    "The exposure of usernames and passwords can lead to brute force credential stuffing computer network attacks, whereby attackers attempt logins across various internet sites or exploit them for subsequent cyber attacks as criminal actors take advantage of users recycling the same credentials across multiple accounts, internet sites, and services," the Feds' alert [PDF] said.

    Continue reading

Biting the hand that feeds IT © 1998–2022