Modern Australian
Men's Weekly

.

why Chinese telecoms participating in Australia's 5G network could be a problem

  • Written by Sandeep Gopalan, Pro Vice-Chancellor (Academic Innovation) & Professor of Law, Deakin University

Chinese telecom giants ZTE and Huawei are facing renewed scrutiny about the potential for their equipment and software to be used in Australia’s 5G mobile network, following revelations from a current court case in the United States.

In the end, Australia’s willingness to include Huawei and ZTE in its 5G mobile infrastructure should be based on a rational analysis of risks. There is no shame in excluding them based on evidence rather than Sinophobia.

So let’s look at the evidence.

Read more: How China's Huawei is taking on Samsung and Apple

What has spurred the debate?

The case in the US involves allegations of bribery and industrial espionage against ZTE, echoing the company’s previous bad behaviour in violating US sanctions, and concealing further breaches in violation of a plea deal.

ZTE’s actions essentially paralysed its business worldwide after the US banned the company from using US-made parts in its equipment. American components comprise 25-30% of ZTE’s equipment.

The debate over whether to ban the companies from involvement with Australia’s 5G network was reignited by Labor MP Michael Danby. During a speech to parliament last week, he said:

Let me issue a clarion call to this parliament, to the media and to the Australian public: Australia’s 5G network must not be sold to these telcos.

What do ZTE and Huawei do?

ZTE operates in 140 countries and supplies network products and end-to-end telecom services. It booked RMB124 billion (about US$16 billion) in revenue during 2017.

Huawei, based in Shenzen, provides networking products and telecom solutions. It operates in 170 countries and employs 180,000 people.

The company provides 4.5G networks, wireless broadband, cloud services, data centres, smart city solutions, and banking solutions, and has a global smartphone market share of about 11%. It had revenues of US$92 billion in 2017.

Why is there concern about them supplying our 5G network?

The 5G network is critical infrastructure. It is expected to support services that are essential to the smooth running of society and the economy, including an increasing number of internet-connected devices such as self-driving cars.

Read more: What is 5G? The next generation of wireless, explained

In a June 2017 white paper about 5G security, Swedish telecommunications company Ericsson noted that, in comparison to current mobile networks:

The values hosted in, and generated by, the 5G system are estimated to be even higher, and the assets (hardware, software, information and revenue streams) will be even more attractive for different types of attacks. Furthermore, considering the possible consequences of an attack, the damage may not be limited to a business or reputation; it could even have a severe impact on public safety.

With these high stakes, it is essential that our 5G network is secure from interference.

There are concerns about Chinese telecoms companies supplying the 5G network in Australia due to accusations they have been involved in bribery, concealment and destruction of evidence, alongside suspected participation in espionage.

In 2013, former CIA Director General Michael Hayden reported that Huawei:

… shared with the Chinese state intimate and extensive knowledge of foreign telecommunications systems it is involved with.

In 2015, the FBI stated that:

the Chinese Government’s potential access to US business communications is dramatically increasing. Chinese Government-supported telecommunications equipment on US networks may be exploited through Chinese cyber activity, with China’s intelligence services operating as an advanced persistent threat to US networks.

Further, it noted that:

China makes no secret that its cyber warfare strategy is predicated on controlling global communications network infrastructure.

It is the combination of alleged corruption and state control that makes these companies potentially dangerous.

China’s deep pockets make Huawei highly competitive. As the FBI warned:

With over $100 billion in Chinese government subsidization and direct financing, Huawei is able to … [make] offers [that are] difficult to refuse in exchange for access to US networks.

The same applies to Australia, and other countries.

Is there any evidence to support these concerns?

ZTE and Huawei have been subject to allegations of bribery and corruption in a number of countries – and in some cases, banned from doing business.

ZTE pleaded guilty in March 2017 to breaching US sanctions – by illegally shipping equipment to Iran and North Korea – obstruction of justice, and making a false statement. It paid the US government more than US$892 million in penalties (with a further US$300 million suspended). ZTE was mandated to have a “corporate monitor” to ensure future good behaviour.

In 2016, the government of Norway embargoed its state pension fund from investing in ZTE because of corruption.

ZTE was investigated for corruption in Mongolia in 2013.

Both ZTE and Huawei were banned from public sector contracts in Algeria due to bribery in 2012.

ZTE was alleged to have bribed Philippine officials in connection with a US$329 million broadband deal in 2007.

To be sure, ZTE and Huawei are not alone in paying bribes and engaging in unethical business practices overseas. But such behaviour is not conducive to the “trust models” necessary for security in such critical infrastructure.

What is the case currently before the courts in the US?

It is important to stress that the allegations in this case are just claims at this point – no court has held them to be true.

ZTE was sued by Universal Telephone Exchange (UTE), an American company, in a Dallas court in 2010. UTE alleged that ZTE had misappropriated its trade secrets and interfered with its bid to secure telecom services contracts in Liberia in 2003-2004. UTE claimed it would have obtained the deal with LTC, but for ZTE’s illegal actions. It sought actual damages of US$10 million and US$20 million in exemplary damages.

Read more: The China-U.S. conflict is about much more than trade

The parties had to arbitrate the dispute in 2012 because of an arbitration clause in a non-disclosure agreement. ZTE prevailed in the arbitration. The arbitrator ruled that UTE’s claims were barred by statutes of limitations, and even if they were not so barred, that ZTE did not harm UTE.

UTE sued to vacate the ruling. In its motion to vacate, UTE claims that ZTE:

… is a notoriously corrupt organization with a pattern of engaging in bribery, corruption, industrial espionage, and egregious criminal behavior on a worldwide basis.

These allegations rely heavily on ZTE’s guilty plea with the US in March 2017.

The Dallas court vacated the arbitrator’s decision and remanded the case back for arbitration before a three member tribunal. ZTE’s appeal is pending.

Where do things stand now?

The US government issued a report as far back as 2012 recommending that:

US government systems … should not include Huawei or ZTE equipment, including in component parts.

Contractors were also asked to exclude this equipment.

The US is likely to lift the sanctions on ZTE in exchange for a fine, employment of American compliance officers, and management changes as part of Trump’s broader trade strategy with China. However, the embargo on US government entities purchasing ZTE or Huawei products or services is likely to stay.

The question is whether Australia should follow America’s lead in its dealings with ZTE and Huawei. If past is prologue, it is difficult to justify a departure from the US approach.

Authors: Sandeep Gopalan, Pro Vice-Chancellor (Academic Innovation) & Professor of Law, Deakin University

Read more http://theconversation.com/explainer-why-chinese-telecoms-participating-in-australias-5g-network-could-be-a-problem-97690

Comfort and Style with Ceiling Fans Perth

While air conditioning is common, it is not always the most cost-effective or sustainable solution, particularly during long hot summers. For homeow...

How Professional Air Conditioning Services Improve Comfort and Efficiency

Air conditioning has become a fundamental part of homes and businesses, providing relief from sweltering summers and keeping interiors warm in winte...

The Value of Professional Rubbish Removal Services

From everyday waste to bulky items like furniture and appliances, finding the right way to dispose of rubbish is not always straightforward. This is...

Why Ugly Websites Sometimes Outperform Beautiful Ones

In the digital age, we're constantly told that first impressions matter, and nowhere does this seem more apparent than in web design. However, a cur...

TPD Claims & Super: What Does It All Mean?

Many Australians hear the term "TPD" in relation to their superannuation and feel completely lost. If you're scratching your head, wondering what it...

What Does Breastfeeding Feel Like? A Guide for New Moms

Frequently, numerous new mothers wonder, "What does breastfeeding feel like?" The feeling is different for each individual - a few describe it as a ...

Best Nail Care Routine for Frequent Nail Polish Wearers

For many people, nail polish is more than a beauty statement – it’s part of their everyday routine. Whether you love bold colours, chic neutrals...

Reinventing Research: How E-Libraries Are Changing Education Forever

A New Chapter for Learning For centuries libraries stood as temples of knowledge filled with shelves that smelled of dust and paper. Today the same...

Psychologists Explore Gestalt Vs Schema Therapy for PTSD Treatment

Recent research has revealed that in 2022, 1 in 9 Australians experienced post-traumatic stress disorder (PTSD). For some, this can significantly im...

Beyond Sunscreen: Building a Sun-Smart Culture in Modern Australia

Australia’s sun-soaked lifestyle is a defining part of its national identity. From beaches and sports fields to weekend barbecues and bushwalks, t...

What is Power BI & Why Should Your Business Use It?

In today's data-driven world, businesses are constantly searching for ways to gain a competitive edge. One tool that has emerged as a game-changer i...

From Service to Strength: How Aussie Veterans Are Rebuilding Their Lives with Everyday Support

Life after military service can bring new challenges. From physical limitations to mental health hurdles, many Australian veterans find everyday hou...

The Best Times of Year to Buy a Caravan

If you're shopping for caravans for sale, timing matters almost as much as the layout and features you desire. The calendar shapes price, stock and ...

The Growing Demand for Smart Living Through Home Automation

Technology has reshaped how we communicate, work, and travel—but now, it’s also changing the way we live at home. The rise of home automation i...

Beyond Clicks and Likes: Why Many Small Businesses in Australia Still Aren’t Leveraging Digital Marketing in 2025

Introduction In 2025, online marketing has become the driving force behind business growth for companies of all sizes. Yet, despite its proven effect...

Lighting Shop Perth: Your Comprehensive Guide to Choosing the Right Lighting Solutions

Lighting is a fundamental element in defining the ambiance, functionality, and aesthetic appeal of any space. Whether you are renovating your home, ...

Private Booze Cruisers – The New Must-Have Toy for Cashed Up Millennials

Did you hear that your 30s are the new 20s? We’ve finally rocked up that adult money and now it’s time to play with it. I was going for a walk ...

Grinding & Jaw Soreness: Signs You Might Need Night Guards and How We Protect Enamel

Waking with a tight jaw, tender muscles, or a dull temple headache is more than a bad night’s sleep. Many Australians grind or clench their teeth ...