Tensions Over Huawei Escalate With Commerce Department Trade Restrictions


The Federal Communications Commission (FCC) is working quickly to facilitate the deployment of fifth-generation (5G) wireless infrastructure, as formalized in the agency’s 5G Fast Plan (“Facilitate America’s Superiority in 5G Technology”). As the FCC moves ahead with these goals, by for example announcing the “largest spectrum auction in American history” in April 2019, cybersecurity officials are calling for increased attention to the potential risks associated with widespread 5G networks.

With download speeds of up to 20 gigabits-per-second, 5G proponents state the technology will enable new internet of things applications, such as remote health care services, connected “smart cities,” and self-driving cars, all sending and receiving data online. The increased role of wireless technology in critical infrastructure comes with a plethora of benefits and possibilities but also security risks, with higher stakes in the event of a breach.

Security Concerns Regarding Huawei

Over the past year, the cybersecurity discussion has focused squarely on Chinese company Huawei Technologies Co Ltd. (Huawei), the world’s largest telecommunications provider. U.S. State Department officials and members of the FCC have stated that using Chinese telecommunications equipment in 5G networks could give the Chinese government a way to access sensitive infrastructure and data. At a Senate Appropriations Financial Services and General Government Subcommittee budget hearing in early May, FCC Chair Ajit Pai stated:

What I will say is I believe that certain Chinese suppliers, such as Huawei, do indeed present a threat to the United States, either on their own or because of Chinese domestic law. For example, China’s national intelligence law explicitly requires any individual or entity subject to that law to comply with requests to intelligence services.

Commerce Department Adds Huawei to Blacklist

The simmering tension over Huawei has boiled over, against the backdrop of trade negotiations with China, with the following series of major developments recently:

As reported in an analysis of the escalating conflict in The New York Times, China imported over $300 billion in semiconductor chips in 2018 alone. The prospect of doing business without U.S. components could present an existential turning point for Huawei. Meanwhile, the company has stated that it is working on its own operating system and will begin considering alternatives to Google’s Android.

Is Huawei Actually a National Security Risk?

Some analysts have questioned whether the concerns about Huawei relate more to the company’s market share and China’s parallel race to 5G more than any demonstrated cybersecurity risks. Huawei has taken an early lead in developing 5G technology, holding over 15 percent of the world’s 5G patents, according to research firm IPlytics. Meanwhile, the top U.S. company, Qualcomm, has over 8 percent of the crucial 5G patent filings. Huawei’s reach also grows in other areas, having just surpassed Apple to become the world’s second-largest smartphone vendor, behind Samsung, according to new International Data Corp. statistics.

Countering the FCC’s depiction of Huawei as a risk, MIT Media Lab founder Nicholas Negroponte in early May published an article in Fast Company, opining that:

The desire to ban companies like Huawei has little to do with technology, and nothing to do with effective risk management. Huawei has an unblemished 30-year cybersecurity record and more than 500 satisfied telecom customers around the world. None of them has ever experienced a security breach related to Huawei’s equipment. Furthermore, the company’s research today leads the world and is widely copied.

An official ban of the use of Chinese telecommunications equipment by U.S. companies might come in the form of a “national emergency” based on an “extraordinary threat.” But the real threat is that unsubstantiated accusations against Huawei will prevent the U.S. from having a more important, more rational conversation about the need to manage cyber risk.

International Developments

The debate over how to best secure critical wireless infrastructure is also heating up abroad, with a couple of major recent developments noted below.


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National Law Review, Volume IX, Number 172