Kaspersky challenged two separate U.S. actions in 2017 and 2018: a Department of Homeland Security directive ordering federal agencies to remove its products, and a provision of the FY2018 National Defense Authorization Act. The cases were dismissed on different legal grounds; the litigation did not produce an order overturning the restrictions.
What was the Kaspersky government software ban?
On September 13, 2017, the Department of Homeland Security (DHS) issued Binding Operational Directive 17-01. It required federal agencies to identify Kaspersky products and remove them from their systems within 90 days. The directive applied to federal systems; it was not itself a general prohibition on every U.S. customer using Kaspersky software. DHS directive case opinion
The government’s stated concerns, as described in the court record, involved Kaspersky’s Russian location, possible Russian government influence, and the software’s access to systems and data. Kaspersky contested the restrictions. Those concerns should not be confused with a judicial finding that Kaspersky knowingly acted for Russian intelligence. District court opinion on the directive District court opinion on the statute
Why did Kaspersky sue?
Kaspersky brought two distinct cases. In the first, it challenged DHS’s directive, alleging violations that included the Administrative Procedure Act and Fifth Amendment due process. The company argued that the government acted without adequate notice or an opportunity to respond; these were Kaspersky’s allegations, not findings by the court. DHS directive case opinion
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In a second lawsuit, Kaspersky challenged section 1634 of the FY2018 National Defense Authorization Act (NDAA), arguing that the provision was an unconstitutional bill of attainder. That claim concerned the statute, not the DHS directive. NDAA case opinion
How did the courts rule?
On May 30, 2018, the U.S. District Court for the District of Columbia dismissed the directive case for lack of standing. In the separate NDAA case, it dismissed the bill-of-attainder claim for failure to state a claim. These were different rulings on different legal challenges, and neither was a plaintiff victory. Directive case opinion NDAA case opinion
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The D.C. Circuit issued an opinion in the appeals on November 30, 2018. Its opinion addresses the procedural posture and the district court’s rulings. The litigation should not be described as Kaspersky obtaining an order that overturned the restrictions. D.C. Circuit opinion
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.How were the later 2024 restrictions different?
Actions taken in 2024 were separate from the lawsuits over the 2017 directive and the FY2018 NDAA. The issuing authorities, legal mechanisms, covered parties and effective periods differed:
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| Action | Authority and mechanism | Scope and timing |
|---|---|---|
| Binding Operational Directive 17-01 | DHS operational directive | Required federal agencies to identify and remove Kaspersky products from federal systems within 90 days of September 13, 2017. District court opinion |
| Section 1634 of the FY2018 NDAA | Congressional statute | Challenged by Kaspersky in a separate lawsuit; the court dismissed its bill-of-attainder claim on May 30, 2018. District court opinion |
| Commerce Department Final Determination | U.S. Department of Commerce, Bureau of Industry and Security | In 2024, restricted covered Kaspersky cybersecurity and antivirus products and services in the United States and for U.S. persons. Certain updates and operations were allowed during a transition period until September 29, 2024. Commerce announcement Final Determination information |
| FCC Covered List action | Federal Communications Commission Covered List | The FCC separately added Kaspersky to its Covered List. Its September 2024 notice described equipment-authorization consequences for equipment that integrates the software. FCC Public Notice DA 24-886 |
The Commerce and FCC measures postdate the litigation and rest on separate authorities. They should not be folded into the 2017 DHS directive or described as the action Kaspersky originally sued over.
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