December 19, 2017 – Kaspersky Lab is challenging the DHS ban of the use of its products in federal agencies. In a statement issued today, Kaspersky Lab announced that it is seeking an appeal in federal court of U.S. Department of Homeland Security’s (DHS) decision on Binding Operational Directive 17-01 banning the use of the company’s products in federal agencies.
Kaspersky Lab Challenges DHS Ban Of Kaspersky Products
Kaspersky Lab has filed an appeal under the Administrative Procedure Act to enforce its constitutional due process rights and challenge the DHS ban on the use of the company’s products and solutions by U.S. government agencies.
The company asserts that the DHS’s decision is unconstitutional and relied on subjective, non-technical public sources such as uncorroborated and often anonymously sourced media reports, related claims, and rumours.
Furthermore, Kaspersky Lab claims that the DHS failed to provide the company adequate due process to rebut the unsubstantiated allegations underlying the Directive and has not provided any evidence of wrongdoing.
Kaspersky Lab reached out to DHS in mid-July, offering to provide any information or assistance concerning the company, its operations, or its products. In mid-August, DHS confirmed receipt of the company’s letter, appreciating the offer to provide information and expressing interest in future communications with Kaspersky Lab regarding the matter.
However, the next communication from DHS to Kaspersky Lab was notification regarding the issuance of Binding Operational Directive 17-01 on September 13, 2017.
The DHS ban on the use of Kaspersky products in federal agencies damaged Kaspersky Lab’s reputation and its sales in the U.S. In filing this appeal, Kaspersky Lab hopes to protect its due process rights under the U.S. Constitution and federal law and repair the harm caused to its commercial operations, its U.S.-based employees, and its U.S.-based business partners.
“Because Kaspersky Lab has not been provided a fair opportunity in regards to the allegations and no technical evidence has been produced to validate DHS’s actions, it is in the company’s interests to defend itself in this matter. Regardless of the DHS decision, we will continue to do what really matters: make the world safer from cybercrime,” said Eugene Kaspersky, CEO of Kaspersky Lab.
The Kaspersky Global Transparency Initiative
On 23 October 2017, Kaspersky Lab launched its Global Transparency Initiative. This Initiative will include :
- an independent review of the company’s source code, software updates and threat detection rules;
- an independent review of internal processes to verify the integrity of the company’s solutions and processes;
- three transparency centers by 2020, in Asia, Europe and the U.S.; and
- increased bug bounty rewards up to $100k per discovered vulnerability in Kaspersky Lab products.
You can read more about this initiative in our article – How Kaspersky Lab Plans To Counter Alleged Ties To Russian Intelligence.