Cyber Brief: Federal Ban on Kaspersky Products

The Department of Defense, GSA, and NASA have issued implementation guidance for the ban on Kaspersky products mandated in the 2018 NDAA. This Cyber Brief includes that guidance, the relevant section of the 2018 NDAA, a DHS directive to remove Kaspersky products from Federal systems, and court documents from a lawsuit in which Kaspersky alleges that the DHS unfairly blocked its software from Federal systems based on unsubstantiated evidence.

New to the Vault

Document 01

Department of Defense, General Services Administration, and the National Aeronautics and Space Administration, "Federal Register: Federal Acquisition Regulation; Use of Products and Services of Kaspersky Lab," June 15 2015. Unclassified.

Jun 15, 2018

Source

Government Publishing Office

This entry in the Federal Register amends the Federal Acquisition Regulation to reflect a section of the 2018 National Defense Authorization Act.

Document 02

United States Congress, "H.R.2810 - National Defense Authorization Act for Fiscal Year 2018: Subtitle C - Cyberspace-Related Matters (p. 454-474)," December 12 2017. Unclassified.

Dec 12, 2017

Source

United States Congress

This section of the National Defense Authorization Act authorizes appropriations for Department of Defense activities in cyberspace.

Document 03

Department of Homeland Security National Protection and Programs Directorate, "Federal Register: Notification of Issuance of Binding Operational Directive 17-01 and Establishment of Procedures for Responses," September 19 2017. Unclassified.

Sep 19, 2017

Source

Government Publishing Office

This entry in the Federal Register is a binding operational directive requiring Federal departments and agencies to identify Kaspersky products on Federal IT systems and plan for their removal within 90 days.

From the Vault

Memorandum in Opposition to Plaintiffs' Application for a Preliminary Injunction. In the United States District Court for the District of Columbia, February 5 2018.

The government's objection to Kaspersky's request for a preliminary injunction includes "factual background" on the company's ties to Russia, among other topics.

Complaint. In the United States District Court for the District of Columbia, December 18 2017.

Kaspersky Labs alleges that the Department of Homeland Security unfairly blocked the company's software from being used by U.S. government agencies based on unsubstantiated charges of links to the Russian government.