The Russian cybersecurity firm Kaspersky Lab says it has asked a federal court to overturn a ban on the use of its products in USA government agencies, claiming that the move has violated the company's right to due process.
Specifically, Kaspersky says that, due to the way DHS' Binding Operational Directive (BOD) was issued, the company didn't have adequate time to respond to the government's concerns, which immediately had a deleterious effect on its business. Last week President Donald Trump signed into law legislation which banned the use of Kaspersky's antivirus and other applications in the US Government.
Kaspersky Lab claims that the agency did not allow the company to express its position within the framework of the procedures prescribed by law.
It argued that, although the U.S. 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". In July, the company claims in its lawsuit, Kaspersky offered to discuss how its products are used. According to the department, the use of Kaspersky Lab products may pose risks to information security.
The Moscow-based firm has repeatedly denied it has ties to any government and said it would not help a government with cyber espionage.
DHS said it was concerned that the software, installed on computers with access to files "and elevated privileges could be exploited by malicious cyber actors to compromise those information systems".
"DHS's actions have caused undue damage to both the company's reputation in the IT security industry and its sales in the United States. In filing this appeal, Kaspersky Lab hopes to protect its due process rights under the US Constitution and federal law and fix the harm caused to its commercial operations, its US-based employees, and its US-based business partners".
These capabilities are not unique to his company, Kaspersky wrote, and DHS could have addressed the issue holistically rather than singling out his company.
"There are concerns on record and some that suggest there has been direct collaboration with certain officials from Kaspersky and from the FSB, which is of course the successor to the KGB", Shaheen said.