the Constitutional Council validates the “anti-Huawei” law


The Constitutional Council validated, Friday, February 5, the legislative measures “anti-Huawei” aimed at preserving “the interests of defense and national security”, in particular in the context of the operation of 5G mobile networks. For several months, some observers have estimated that the security of user data cannot be guaranteed in the event of the Chinese group’s deployment in France. At the end of August, the National Information Systems Security Agency (Anssi) had very largely restricted operating authorizations, in accordance with the provisions of the law of August 1, 2019.

These texts had been contested by the French telecom operators SFR and Bouygues Telecom, which half built their mobile network with Huawei. The two operators had therefore filed priority questions of constitutionality (QPC) in the face of the damage linked to the severe restrictions imposed on the Chinese supplier. Bouygues Telecom, for example, explained that it had to remove 3,000 Huawei antennas by 2028 in areas with very high population density, without obtaining compensation in return.

But the Constitutional Council decided to validate these provisions for the summer of 2020. It considers that the legislator wished “to protect mobile radio networks from the risks of espionage, piracy and sabotage which may result from the new functionalities offered by the fifth generation of mobile communication”. The provisions therefore put “implement the constitutional requirements inherent in the protection of the fundamental interests of the nation”, adds the Sages in their press release.

Huawei, one of the world leaders in 5G equipment, is in the crosshairs of the United States, which suspects it of potential spying for the benefit of Beijing. After the United Kingdom, in mid-July, Sweden at the end of October became the second country in Europe and the first in the European Union to explicitly ban Huawei from almost all of the infrastructure necessary to run its 5G network. .


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