Kaspersky Lab sues US Department Of Homeland Security

Cybersecurity vendor files lawsuit over federal government sales ban

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Kaspersky Lab sues US Department Of Homeland Security Eugene Kaspersky says Kaspersky Lab has not been provided a fair opportunity in regards to the allegations.
By  Manda Banda Published  December 20, 2017

Kaspersky Lab has filed a lawsuit challenging the Donald Trump administration's ban on the use of the company's cybersecurity software within federal agencies.

The Moscow-based company alleges that the US. Department of Homeland Security's (DHS) decision is unconstitutional and relied on subjective, non-technical sources such as uncorroborated media reports, repeated claims and rumors.

DHS further failed to provide Kaspersky with adequate due process to rebut the allegations, and hasn't produced any evidence of wrongdoing, according to the company.

"DHS has harmed Kaspersky Lab's reputation, negatively affected the livelihoods of its US-based employees and US-based business partners, and undermined the company's contributions to the broader cybersecurity community," wrote CEO Eugene Kaspersky in an open letter posted on Monday.

Kaspersky said it reached out to DHS in July and offered to provide information and assurance concerning the company, its operations, and its products. DHS acknowledged receipt of Kaspersky's letter in August, the company said, but took no further action until issuing a directive in September stipulating that civilian federal government agencies remove Kaspersky's software within 90 days.

Although Kaspersky was allowed to initiate a review of the directive, Eugene Kaspersky said the procedure didn't afford the company due process under US law since Kaspersky didn't have the opportunity before the directive was issued to see and contest the information which the DHS had been relying on.

"Genuine due process provides you with the opportunity to defend yourself and see the evidence against you before action is taken; it doesn't ask you to respond once action is already underway," Eugene Kaspersky said.

Eugene Kaspersky added that: "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."

Last week, President Trump signed a broader defence policy spending bill that bans Kaspersky's software from both civilian and military networks. The legislation came after months of pushback against Kaspersky over alleged ties to the Russian government, which the company has vehemently denied.

As part of its commitment to trust, transparency, and accountability, Kaspersky Lab launched its Global Transparency Initiative on October 23, 2017. The Initiative will include an independent review of the company's source code, software updates, threat detection rules, an independent review of internal processes to verify the integrity of the company's solutions and processes. In addition, the cybersecurity vendor plans to set up three transparency centres by 2020, in Asia, Europe and the USA.

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