The Biden administration plans to issue an order to prevent US companies and individuals from using software made by a big Russian cybersecurity company. The measure comes in the wake of national security threats from these companies.
The Biden administration is getting ready to use these new powers from the Commerce Department, which were created by both President Biden and President Trump’s administrations. The plan is to stop Kaspersky Lab, a Russian cybersecurity company, from offering certain products and services in the US.
US Government Plans to Prevent Private Companies from Using Kaspersky Lab Software
US government agencies are already prohibited from using Kaspersky Lab software. But if the US government goes ahead with its plan to stop Kaspersky Lab from offering certain products and services in the US, it would be the first time they’ve stopped private companies from using it, too.
Sources say that nothing is final until it’s officially announced. The Commerce Department made this initial decision to block certain transactions between the Russian company and people in the US.
The US government is using its regulatory powers to stop Americans from using technology that they think could be a risk to national security. This comes as a result of the Senate weighing a bill that would require Chinese-owned TikTok to find a new owner or risk being banned in the US.
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Reasons for Possible Ban of Kaspersky Lab Software in the US
One of the goals of this order is to reduce any potential risk to critical infrastructure. Sources who know about this policy process mentioned a draft last year that said specific Kaspersky software should be banned for people in the US.
Although sources didn’t want to give all the details, it seems the main target of this order would be Kaspersky’s anti-virus software. A spokesperson at Kaspersky Lab didn’t provide any answers when asked about a possible ban or how popular their software is in the US.
Also, the Commerce Department spokesperson didn’t comment on any potential actions, either. US officials have been saying for a while now that they think the Russian government could make Kaspersky Lab give them data or use their anti-virus software to hack or spy on Americans. However, Kaspersky Lab denies the allegations.
What Could or Should Be Done Before the Ban Can Be Actualized?
According to US law, Kaspersky Lab can challenge the initial decision to ban their products. They can either appeal it or try to work out an agreement with the government to address any security concerns. So, there’s still a chance for them to make their case before a final ruling by the Commerce Department.
The Commerce Department officials must consider all the factors before making any rules. They must consider whether it’s possible for them to enforce the regulations and whether it would make sense for regular users to follow them. It wouldn’t be fair to make a small business uninstall Kaspersky software if it will cause many problems when they’re not involved in national security issues.
Kaspersky Lab says that over 400 million people and 240,000 companies worldwide use its software. We don’t know exactly how many of them are in the US, but US officials think the risk from the software is serious enough to justify the order they’re considering.
Both Trump and Biden Administration Support the Preventive Measures Against Kaspersky Lab Software
In 2017, the Trump administration ordered federal civilian agencies to remove Kaspersky Lab software from their networks. Congress then made it official and extended the ban to US military networks.
But now, the Biden administration is considering taking it even further. They’re considering using the Commerce Department’s powers to stop private companies from using Kaspersky Lab software. The Department’s powers that it plans to utilize are recent.
They came about partly because of Biden’s executive order in 2021. The idea behind it was to protect Americans’ data from what they call “foreign adversaries.” Trump also signed a related order back in 2019.
Both orders discuss a “national emergency” because of security threats to America’s software supply chain. They also mention a law from 1977 called the International Emergency Economic Powers Act.
It gives the Commerce Secretary the power to review transactions that could be risky. So they can stop or reduce the risk of deals involving information and communications technology supply chains.
The Wall Street Journal discussed it last year. They said that the Department considered using its powers to limit the use of Kaspersky Lab software. However, it hadn’t made a final decision yet.
After deliberating about it for a while, US officials are reportedly getting ready to use the Commerce Department’s powers to take action against the use of Kaspersky Lab software.
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“A New Era” in Commerce Regulation
Henry Young, who worked at the Commerce Department, said the plan shows a new era where Commerce will be more active in protecting national security. The Commerce Department wants to use its powers precisely to safeguard national security without hurting American businesses or consumers, a Commerce official told CNN.
“We will do what addresses the national security risk and no more,” the Commerce official said. “If that involves saying: X, Y, Z critical infrastructure operators in high-risk sectors, you can’t use this software, and that software provider can’t transact with you, then we’ll do that. And if it needs to be broader, we’ll do that.”
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