Portugal Moves Closer to Banning Chinese Suppliers from 5G

People waiting at the bust stand near the 'MY 5G' advert on a LED screen in Kuala Lumpur, Malaysia, 03 May 2023.  EPA/FAZRY ISMAIL
People waiting at the bust stand near the 'MY 5G' advert on a LED screen in Kuala Lumpur, Malaysia, 03 May 2023. EPA/FAZRY ISMAIL
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Portugal Moves Closer to Banning Chinese Suppliers from 5G

People waiting at the bust stand near the 'MY 5G' advert on a LED screen in Kuala Lumpur, Malaysia, 03 May 2023.  EPA/FAZRY ISMAIL
People waiting at the bust stand near the 'MY 5G' advert on a LED screen in Kuala Lumpur, Malaysia, 03 May 2023. EPA/FAZRY ISMAIL

Portugal's cybersecurity council CSSC has issued a resolution that could formally bar telecom operators from using Chinese equipment in their high-speed 5G mobile networks as well 4G platforms on which the new technology is based.

The CSSC is the prime minister's consultative body and its document, dated May 23, is another blow to efforts by Chinese technology giant Huawei to enter the 5G market in Portugal and possibly extend existing contracts, Reuters reported.

Under a law approved last August, the government can determine "the exclusion, restrictions on use, or the cessation of use of equipment or services" of telecom companies, setting conditions and deadlines for operators to comply.

The government had no immediate comment.

The country's main operators, Altice, NOS and Vodafone have already said they will not use Huawei's equipment in 5G core networks, amid European and US concerns that Chinese involvement in critical infrastructure could compromise security. Beijing and Huawei reject such suggestions.

Portugal's existing 5G networks are not standalone and still largely based on 4G technology and equipment.

Without mentioning China or any Chinese suppliers by name, the CSSC warned of a "high risk" to security from suppliers or providers that "are headquartered in a country where the government exercises control, interference or pressure on its activities in third countries".

Its opinion is based on an undisclosed report that evaluated the safety of equipment in public electronic communications networks involving 5G technology.

It also cited security risks when the country where a supplier is based has no agreements on data protection, cybersecurity or protection of intellectual property with Portugal or the European Union, or when it is not an EU, NATO or OECD member.

Huawei said in a statement it had "no prior knowledge of, and hasn't been consulted about this matter" and it was still gathering information "on the nature of the assessment" and hoped to continue serving Portuguese clients.

Europe has emerged as a battleground in the technology rivalry between Beijing and Washington and Huawei's European competitors, Ericsson and Nokia, could become a supplier duopoly if the Chinese company were shut out.



US Defends Law Forcing Sale of TikTok App

This photograph taken in Mulhouse, eastern France on October 19, 2023, shows the logo of the social media video sharing app TikTok reflected in mirrors. (AFP)
This photograph taken in Mulhouse, eastern France on October 19, 2023, shows the logo of the social media video sharing app TikTok reflected in mirrors. (AFP)
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US Defends Law Forcing Sale of TikTok App

This photograph taken in Mulhouse, eastern France on October 19, 2023, shows the logo of the social media video sharing app TikTok reflected in mirrors. (AFP)
This photograph taken in Mulhouse, eastern France on October 19, 2023, shows the logo of the social media video sharing app TikTok reflected in mirrors. (AFP)

The Justice Department late Friday filed its response to TikTok's civil suit aimed at derailing a law that would force the app to be sold or face a US ban.

TikTok's suit in a Washington federal court argues that the law violates First Amendment rights of free speech.

The US response counters that the law addresses national security concerns, not speech, and that TikTok's Chinese parent company ByteDance is not able to claim First Amendment rights here.

The filing details concerns that ByteDance could, and would, comply with Chinese government demands for data about US users or yield to pressure to censor or promote content on the platform, senior justice department officials said in a briefing.

"The goal of this law is to ensure that young people, old people and everyone in between is able to use the platform in a safe manner," a senior justice department official said.

"And to use it in a way confident that their data is not ultimately going back to the Chinese government and what they're watching is not being directed by or censored by the Chinese government."

The response argues that the law's focus on foreign ownership of TikTok takes it out of the realm of the First Amendment.

US intelligence agencies are concerned that China can "weaponize" mobile apps, justice department officials said.

"It's clear that the Chinese government has for years been pursuing large, structured datasets of Americans through all sorts of manner, including malicious cyber activity; including efforts to buy that data from data brokers and others, and including efforts to build sophisticated AI models that can utilize that data," a senior justice department official said.

TikTok has said the demanded divestiture is "simply not possible" -- and not on the timeline required.

The bill signed by President Joe Biden early this year set a mid-January 2025 deadline for TikTok to find a non-Chinese buyer or face a US ban.

The White House can extend the deadline by 90 days.

"For the first time in history, Congress has enacted a law that subjects a single, named speech platform to a permanent, nationwide ban, and bars every American from participating in a unique online community with more than one billion people worldwide," said the suit by TikTok and ByteDance.

- TikTok shutdown? -

ByteDance has said it has no plans to sell TikTok, leaving the lawsuit, which will likely go to the US Supreme Court, as its only option to avoid a ban.

"There is no question: the Act will force a shutdown of TikTok by January 19, 2025," the lawsuit said, "silencing (those) who use the platform to communicate in ways that cannot be replicated elsewhere."

TikTok first found itself in the crosshairs of former president Donald Trump's administration, which tried unsuccessfully to ban it.

That effort got bogged down in the courts when a federal judge temporarily blocked Trump's attempt, saying the reasons for banning the app were likely overstated and that free speech rights were in jeopardy.

The new effort signed by Biden was designed to overcome the same legal headaches, and some experts believe the US Supreme Court could be open to allowing national security considerations to outweigh free speech protection.

"We view the statute as a game changer from the arguments that were in play back in 2020," a senior justice department official said.

There are serious doubts that any buyer could emerge to purchase TikTok even if ByteDance would agree to the request.

Big tech's usual suspects, such as Facebook parent Meta or YouTube's Google, will likely be barred from snapping up TikTok over antitrust concerns, and others could not afford one of the world's most successful apps used by about 170 million people in the United States alone.