Kaspersky is seeking an injunction against the US government over its "unconstitional" ban on the Russian software vendor's security products - a filing that comes a year after US officials started briefing against the company, and a month after President Trump signed a law banning the company's software from US governmental organisations.
The injunction was filed this week in the US District Court for the District of Columbia. It takes aim at the Department of Homeland Security's (DHS) Binding Operational Directive (BOD) that federal agencies remove all Kaspersky products from government networks.
At the time, the DHS said that 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 company'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 out of government systems.
In a statement to CyberScoop, which broke the story, a Kaspersky spokesperson confirmed the filing: "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 does expect Kaspersky to get too far, though, adding 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."
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