US Government bans Kaspersky antivirus, company responds with lawsuit
19 December, 2017, 08:04 | Author: Dustin Murphy
Earlier this year, Action 9 reporter Jason Stoogenke reported that DHS ordered all federal agencies to stop using Kaspersky Lab software. The Administrative Procedures Act controls how administrative agencies can propose and establish regulations, requiring organizations to provide "substantial evidence" for their decisions if questioned by a USA court.
The September DHS order applied only to civilian government agencies and not the Pentagon.
The lawsuit is the latest effort by Kaspersky Lab to push back on allegations that the company is vulnerable to Kremlin influence.
"The case against Kaspersky is well-documented and deeply concerning".
A group of top US intelligence officials who testified before a Senate committee earlier this year all stated they would not use Kaspersky antivirus software in their systems.
"There was no subsequent communication from DHS to Kaspersky Lab until the notification regarding the issuance of Binding Operational Directive 17-01 on September 13, 2017", Kaspersky said.
Kaspersky said the company filed its appeal under the Administrative Procedure Act to challenge the decision of the US Department of Homeland Security (DHS).
It argued that, although the USA government only made up a small percentage of its sales in the country, the ban had had a "disproportionate and unwarranted adverse impact" on its consumer and commercial businesses, harming its reputation "without any credible evidence". According to the department, the use of Kaspersky Lab products may pose risks to information security. Kaspersky Lab claims the department declined to engage in a subsequent conversation where the company could have provided evidence to counter press reports.
"DHS has harmed Kaspersky Lab's reputation and its commercial operations without any evidence of wrongdoing by the company", the company's founder, Eugene Kaspersky, said in an open letter to the agency published on Monday.
These capabilities are not unique to his company, Kaspersky wrote, and DHS could have addressed the issue holistically rather than singling out his company.
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