A US JUDGE has dismissed two lawsuits filed by Kaspersky that sought to overturn the US government's ban on its products.
Back in September, the US government ordered the removal of all Kaspersky software from federal agencies due to fears of influence from Russian president Vladimir Putin. The following month, an official working at the Department of Homeland Security (DHS) has confirmed that the "vast majority" agencies have removed all Kaspersky software.
Then, in December, reality TV star and US president Donald Trump signed a bill - the National Defense Authorization Act (NDAA) - that banned the use of Kaspersky Lab products within US government organisations.
Kaspersky, which has long reiterated that it has not fostered ties with Russian spies, filed two lawsuits in an attempt to lift the two "unconstitutional" bans - but a judge this week dismissed them.
US District Judge Colleen Kollar-Kotelly ruled that the ban, which comes into effect on 1 October, was constitutional, noting that the government's actions don't determine guilt and inflict punishment.
"The NDAA does not inflict 'punishment' on Kaspersky Lab," Kollar-Kotelly wrote. "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."
She also noted that the company's claim that it has a "right to sell to the government" is "worthless," saying: "To 'sell' requires another to 'buy,'" Kollar-Kotelly wrote. "Because no government agency would buy Plaintiff's product in the period before October 1, 2018, Plantiffs' theoretical 'right' to sell has no value at all in the real world."
Kaspersky said in a statement that it was "disappointed" with the court's decisions and said it will "vigorously pursue our appeal rights."
"Kaspersky Lab maintains that these actions were the product of unconstitutional agency and legislative processes and unfairly targeted the company without any meaningful fact-finding," the company said.
"Given the lack of evidence of wrongdoing by the company and the imputation of malicious cyber activity by nation-states to a private company, these decisions have broad implications for the global technology community.
"Policy prohibiting the US government's use of Kaspersky Lab products and services actually undermines the government's expressed goal of protecting federal systems from the most serious cyber threats." µ
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