Huawei loses lawsuit over 'Is the U.S. government exclusion of Huawei unconstitutional', and why?

by Kārlis Dambrāns

'The rules prohibiting government agencies from purchasing products from Chinese companies, including Huawei, are unconstitutional,' Huawei's claim was dismissed on February 18, 2020, in a lawsuit suing Huawei. In 2018, Kaspersky Lab instituted a lawsuit after Kaspersky Lab's products were banned from use by government agencies, but Huawei's decision uses the same logic as the Kaspersky Trial.

Court rejects Huawei's lawsuit over federal defense spending law-POLITICO
https://www.politico.com/news/2020/02/18/court-rejects-huawei-lawsuit-spending-115838

US judge rejects Huawei lawsuit challenging a ban on its products-CNN
https://edition.cnn.com/2020/02/19/tech/huawei-us-lawsuit-rejected/index.html

Judge rules a 2019 law singling out Huawei is constitutional | Ars Technica
https://arstechnica.com/tech-policy/2020/02/judge-rules-a-2019-law-singling-out-huawei-isnt-unconstitutional/

On August 7, 2019, a provisional rule was issued prohibiting government agencies from purchasing telecommunications equipment, video surveillance equipment, and other services directly from five Chinese companies, including Huawei. This rule is based on restrictions set out in the Defense Authority Act of 2018 (NDAA). The NDAA is a law passed annually by Congress to outline the US defense budget and sets the policy for that year's budget.

Signed in August 2018 and approved in 2019, the NDAA allows hundreds of billions of dollars in military expenditure, while restricting government agencies and government contractors from doing business with some Chinese companies I am. Huawei, on the other hand, says, 'There is no evidence that usage or transactions should be banned.' 'It is unusual and unprecedented to use private power to hunt down private companies. 'In May 2019, we filed with the United States District Court in Texas that' the NDAA is unconstitutional. '

Huawei seeks summary judgment in U.S. unconstitutional lawsuits-expert says likely to dismiss-Reuters
https://jp.reuters.com/article/huawei-ndaa-idJPKCN1SZ0BX

And on February 18, 2020, a Texas federal court issued a ruling dismissing Huawei's case.

Huawei argues that in the lawsuit, the Constitution prohibits the `` private deprivation law '' which punishes people or groups without trial, but Huawei claims that the act of the government is unconstitutional because it is a `` person '' under U.S. law was doing. In response, the judge ruled that, even if Huawei is a human, banning the purchase of Huawei or ZTE products cannot be considered a punishment under the Deprivation Act. The Congressional decision was not considered a punishment for Huawei, but simply a 'customer choice.'

Judge Amos Mazzant, who ruled, noted a lawsuit filed by the Kaspersky Lab in 2018 against US government opposition. The trial argued that it was unconstitutional if the United States Department of Homeland Security ordered to stop using Kaspersky Lab products in government agencies concerned about the effects of Russia. In this case, Judge Colleen Kollar-Kotelly of Washington, DC determined that it was not a punishment for the government not to buy Kaspersky Lab products. Judge Mazzant quoted Judge Kollar-Kotelly as saying that the same logic could be applied to Huawei.

A Huawei spokeswoman said, 'Huawei is disappointed with today's ruling. We understand the most important matters in defense, but the approach taken by the U.S. government in 2019 was based on Huawei's constitution. Is the wrong way of defending, violating our rights. '' We will consider more legal options. '