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Kaspersky seeks injunction in bid to reverse ‘unconstitutional’ US government ban

Kaspersky seeks injunction in bid to overturn ‘unconstitutional’ US government ban

RUSIAN ANTI-VIRUS OUTFIT Kasperksy has filed a motion for a preliminary injunction in US federal court in an attempt to reverse the Trump-approved efforts to ban the firm’s software from US government systems.  

CyberScoop has the, er, scoop, and reports that the injunction, filed in the US District Court for the District of Columbia, takes aim at the Department of Homeland Security’s (DHS) Binding Operational Directive (BOD) that Federal agencies remove all Kaspersky products from federal networks.

At the time, DHS said the ban is “based on the information security risks presented by the use of Kaspersky products on federal information systems” and concerns over “the ties between certain Kaspersky officials and Russian intelligence and other government agencies.”

As of the end of October, DHS confirmed that the “vast majority” agencies have purged all Kaspersky software.

Kaspersky’s court filing comes after the firm’s founder and CEO Eugene Kaspersky announced plans in December to sue the DHS.

The report notes that Kaspersky’s filing does not appear designed to rebuff Congress’ own policy efforts to push Kaspersky Lab out of government systems.

In a statement given to CyberScoop, a Kaspersky spokesperson confirmed the filing, saying: “The company has made this filing in hopes that the court will address and resolve the appeal expeditiously in light of the BOD’s damage to the company. 

“The company asserts that the DHS 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 BOD and has not provided any evidence of wrongdoing by the company.”

Edward McAndrew, a former federal cybercrime prosecutor in the US Attorney’s Offices for the Eastern District of Virginia ain’t too hopeful though, and said that Kaspersky’s request for injunctive relief “is unlikely to succeed on the legal merits”.

“Seeking injunctive relief, however, will provide Kaspersky with a public judicial forum in which to air its dispute with the government’s action – and perhaps to attempt to repair its reputation,” he added.

“If the court elects to hold a preliminary injunctive hearing, Kaspersky may be able to quickly get into a courtroom where it can present witness testimony and other evidence to dispute its debarment – and require the government to present public proof of the valid basis for its decision.” µ

Source : Inquirer

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