US Hangs Tough on Restricting Huawei’s Participation in Standards Development
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On Monday, the US further restricted Huawei's ability to participate in standards development, and made it a lot harder for standards developing organizations to run their operations without fear of liability. The rules may also affect the ability of US developers to participate in open source projects using "copyleft" licenses like the GPL
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Ninety-odd days ago, the US Bureau of Industry and Security (BIS) added Huawei and 68 of its affiliates to its “Entity List.” BIS added another 46 Huawei affiliates last week (collectively, “Huawei”), thereby making it illegal for US individuals and entities to disclose certain technology and software to Huawei and such blacklisted affiliates without a license. At the same time, it tempered the blow by issuing a Temporary General License that, among other things, allowed US entities to continue to participate with Huawei to develop 5G standards.
For all other standards, Huawei’s continued participating would be legal only to the extent a given standard setting organization (SSO) either applied for, and received, a license from the BIS, or could credibly analogize its processes to an exception recognized under existing Export Administration Regulations (EAR). The closest exceptions are disclosures at public conferences and in connection with co-authoring journal articles. Ever since, standards setting organizations (SSOs) counting Huawei as a member have been scrambling, trying to figure what they can and cannot allow Huawei to do.
On Monday of this week, three things happened that provided some answers. But almost all the answers were bad. Full Story |
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