![]() ![]() “Kaspersky Lab is disappointed with the Court’s decisions on its constitutional challenges to the U.S. Kaspersky filed two lawsuits: One in December asking the courts to rule DHS’ directive to have harmed its reputation and sales without due process under the Administrative Procedure Act and one in February claiming the NDAA provision is unconstitutional based on the concept of “The Bill of Attainder Clause,” which forbids Congress from enacting laws that impose individualized deprivations of life, liberty and property, and inflict punishment on individuals and corporations without a judicial trial. Under these circumstances, it is completely implausible that any government entity would purchase a Kaspersky Lab product before October 1st.”įederal News Network's DoD Cloud Exchange: From enterprise to the tactical edge - discover how the Defense Department and military services intend to advance their use of cloud technologies However, government agencies have likely already removed all Kaspersky Lab products from their systems as a result of BOD 17-01 and they know that, regardless, all such products must be removed by the fast-approaching NDAA effective date. It is true that the NDAA’s prohibition does not become effective until Oct. The NDAA would remain on the books, preventing any federal government agency from purchasing Kaspersky Lab products. “Even if the court were to rule in plaintiffs’ favor in the BOD Lawsuit and order the rescission of BOD 17-01, these harms would continue. It eliminates a perceived risk to the nation’s cybersecurity and, in so doing, has the secondary effect of foreclosing one small source of revenue for a large multinational corporation,” the judge wrote in the motion. “The NDAA does not inflict ‘punishment’ on Kaspersky Lab. The judge ruled Kaspersky did not plausibly allege that the NDAA constitutes a bill of attainder, and the Russian-based company did not have standing to sue DHS over the BOD. The judge ruled Kaspersky did not plausibly allege that the NDAA constitutes a bill of attainder, and the. ![]() ![]() The District of Columbia District Court Wednesday dismissed the company’s lawsuits against the Homeland Security Department and the government more broadly, trying to overturn both the 2017 Binding Operational Directive and the provision in the 2018 Defense Authorization bill. It’s official, Kaspersky Lab products and services are banned from federal agencies, at least for the foreseeable future. ![]()
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