Kaspersky files lawsuit over anti-virus software ban

Kaspersky takes battle with US government over banning order to cour

Kaspersky Lab, a massive, Russian cybersecurity company, sued the Trump administration in USA federal court on Monday, arguing that the American government deprived it of due process rights when Homeland Security Secretary Elaine Duke banned its software from US government agencies in September.

The BOD, supported by other actions in Congress, has also had a severe adverse impact on Kaspersky's other commercial interests in the US, which begun long before the Defendants' decision was officially declared "Final".

This follows a directive in September by the Department of Homeland Security ordering civilian government agencies to remove Kaspersky software from their networks within 90 days. Last week President Donald Trump signed into law legislation which banned the use of Kaspersky's antivirus and other applications in the US Government. Jean Shaheen, D-N.H., told NPR. For example, several retailers have removed Kaspersky Lab products from their shelves and suspended their long-standing partnerships with Kaspersky Lab following the issuance of the BOD.

The federal government has been openly calling Kaspersky Lab an information security risk for most of the past year, but hasn't publicly disclosed its evidence.

According to the filed lawsuit, Kaspersky was allegedly given no notice or prior opportunity to be heard and that the DHS was required to provide them adequate due process under the Administrative Procedure Act before issuing the BOD. The Administrative Procedures Act controls how agencies like the DHS can establish regulations, and requires that agencies must provide "substantial evidence" for their regulation decisions if questioned by a US court.

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In an open letter to the Department of Homeland Security published on Monday, the company's founder Eugene Kaspersky criticised the DHS.

The lawsuit was filed in the U.S. District Court for the District of Columbia. "It has unfairly called into question Kaspersky Lab's fundamental principles of protecting its customers and combatting cyber threats, regardless of their origin or objective", the company said in a statement.

To view PDF documents, Download Acrobat Reader.

A federal official said only about 15% of government agencies had Kaspersky software installed.

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