Kaspersky Lab is seeking an appeal in federal court of the United States Department of Homeland Security’s (DHS) decision on Binding Operational Directive 17-01, which has banned the use of the company’s products in federal agencies.
The Russian cybersecurity firm has filed an appeal under the Administrative Procedure Act to enforce its constitutional due process rights and challenge the Binding Operational Directive prohibiting 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, DHS has failed to provide the company adequate due process to rebut the unsubstantiated allegations underlying the directive, and has not provided any evidence of wrongdoing by the company, Kaspersky Lab says.
“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, ” said Eugene Kaspersky, CEO of Kaspersky Lab. “Regardless of the DHS decision, we will continue to do what really matters: make the world safer from cybercrime.”
The security firm 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 a notification regarding the issuance of Binding Operational Directive 17-01 on 13th September.
As a result, DHS’s actions have caused “undue damage” to both the company’s reputation in the IT security industry and its sales in the U.S. It has unfairly called into question Kaspersky Lab’s fundamental principles of protecting its customers and combatting cyber threats, regardless of their origin or purpose, Kaspersky Lab says.
In filing the appeal, Kaspersky Lab says that it 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.
